Cape Breton Beverages Ltd. v. Nova Scotia (Attorney General)
The Court upheld Justice Hall's conclusion that the deposit refund scheme enacted by regulations under the Environment Act is intra vires the provincial Legislature because it is ancillary to a valid provincial regulatory scheme within provincial legislative competency under the Constitution Act, 1867 (ss. 92, 13...
Source-derived case information.
- Citation
- 1997 NSCA 122
- Parties
- Appellant: Cape Breton Beverages Limited; Appellant: Bert Stonehouse; Respondent: The Attorney General of Nova Scotia (representing Her Majesty the Queen in Right of the Province of Nova Scotia)
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 June 1997
- Procedural Posture
- Appeal to the Nova Scotia Court of Appeal / Judgment Delivered (appeal Heard June 9, 1997; Judgment Delivered June 9, 1997)
- Outcome
- Appeal dismissed
- Legal Topics
- Intra Vires Vs. Ultra Vires, Ancillary Powers Doctrine, Provincial Legislative Competency, Deposit Refund Regulatory Scheme, Environment Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cape Breton Beverages Limited
Appellant
Bert Stonehouse
Appellant
The Attorney General of Nova Scotia (representing Her Majesty the Queen in Right of the Province of Nova Scotia)
Respondent
Procedural Posture
Appeal to the Nova Scotia Court of Appeal / Judgment Delivered (appeal Heard June 9, 1997; Judgment Delivered June 9, 1997)
Legal Issues
- 1 Whether the deposit refund scheme created by regulations under the Environment Act is intra vires the provincial Legislature
- 2 Whether the regulations are ancillary to a valid provincial regulatory scheme and therefore within provincial heads of power under the Constitution Act, 1867
Ratio Decidendi
The Court upheld Justice Hall's conclusion that the deposit refund scheme enacted by regulations under the Environment Act is intra vires the provincial Legislature because it is ancillary to a valid provincial regulatory scheme within provincial legislative competency under the Constitution Act, 1867 (ss. 92, 13 and 16).
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed without costs
Full Case Text
Judgment text and source record
1 paragraphs
Cape Breton Beverages Ltd. v. Nova Scotia (Attorney General) Court Court of Appeal Date 1997-06-09 Citation 1997 NSCA 122 Docket CA 137130 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Pugsley, Ronald N. (Honourable Justice); Hallett, J. Doane (Honourable Justice) (CA) Document Type Decision Relations Library Sheet - Cape Breton Beverages Ltd. v. Nova Scotia (Attorney General) - 1997 NSCA 122 - 1997-06-09 - Library Sheet Decision Content Date: 19970609 Docket: C.A. 137130 NOVA SCOTIA COURT OF APPEAL Cite as: Cape Breton Beverages Ltd. v. Nova Scotia (Attorney General), 1997 NSCA 122 Hallett, Chipman and Pugsley, JJ.A. BETWEEN: CAPE BRETON BEVERAGES LIMITED ) Joel E. Fichaud, Q.C. and BERT STONEHOUSE ) for the Appellant ) Appellants ) ) - and - ) ) Louise Walsh-Poirier ) for the Respondent THE ATTORNEY GENERAL OF NOVA ) SCOTIA, representing Her Majesty the ) Queen in Right of the Province of Nova Scotia ) ) Respondent ) Appeal Heard: ) June 9, 1997 ) ) ) Judgment Delivered: ) June 9, 1997 ) ) ) ) ) ) ) ) THE COURT: Appeal dismissed per oral reasons for judgment of Hallett, J.A.; Chipman and Pugsley, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: HALLETT, J.A.: This is an appeal from a decision of Justice Hall. In our opinion Justice Hall did not err in concluding that the deposit refund scheme created by Regulations made pursuant to the Environment Act, S.N.S. 1994-95, chapter 1 of this Province is intra vires the provincial Legislature as being ancilliary to a valid regulatory scheme within provincial legislative competency under ss. 92, 13 and 16 of the Constitution Act, 1867. We dismiss the appeal without costs. Hallett J.A. Concurred in: Chipman, J.A. Pugsley, J.A. C.A. No. 137130 NOVA SCOTIA COURT OF APPEAL BETWEEN: CAPE BRETON BEVERAGES LIMITED and BERT STONEHOUSE ) ) Appellants ) - and - ) REASONS FOR ) JUDGMENT BY: THE ATTORNEY GENERAL OF NOVA ) SCOTIA, representing Her Majesty the ) HALLETT, J.A. Queen in Right of the Province of ) (Orally) Nova Scotia ) Respondent ) ) ) ) ) ) )