Caloil Inc. v. Attorney General of Canada

Caloil Inc. v. Attorney General of Canada

The regulation was a valid exercise of federal power over importation because conditioning import licences on the area of consumption and restricting distribution were integral and necessary incidents of a federal scheme to control imports and foster Canadian oil resource development; such incidental interference with local trade is intra vires Parliament and licensable under the National Energy Board Act.

Citation
[1971] SCR 543
Parties
Appellant / Plaintiff: Caloil Inc.; Respondent / Defendant: The Attorney General of Canada; Mis En Cause: National Energy Board; Intervenant: The Attorney General of Quebec; Intervenant: The Attorney General of Alberta
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 November 1970
Procedural Posture
Constitutional Law Appeal Concerning Validity of Federal Regulation Under National Energy Board Act / Appeal to the Supreme Court of Canada From Exchequer Court (special Leave Granted)
Outcome
Appeal dismissed with costs
Legal Topics
Federalism, Importation, Licensing Conditions, Division of Powers, Intra Vires Assessment
Source Language
English
Constitutional Law Trade and Commerce Administrative Law Energy Regulation Federalism Importation Licensing Conditions Division of Powers +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Caloil Inc.

Appellant / Plaintiff

The Attorney General of Canada

Respondent / Defendant

National Energy Board

Mis En Cause

The Attorney General of Quebec

Intervenant

The Attorney General of Alberta

Intervenant

Procedural Posture

Constitutional Law Appeal Concerning Validity of Federal Regulation Under National Energy Board Act / Appeal to the Supreme Court of Canada From Exchequer Court (special Leave Granted)

Legal Issues

  1. 1 Whether s.20 of the National Energy Board Part VI Regulations is intra vires Parliament as a valid exercise of power over importation and interprovincial trade
  2. 2 Whether a federal licence may lawfully restrict distribution and require consumption within specified areas after importation
  3. 3 Whether the amended regulation unlawfully intrudes on provincial jurisdiction over property and civil rights and local trade

Ratio Decidendi

The regulation was a valid exercise of federal power over importation because conditioning import licences on the area of consumption and restricting distribution were integral and necessary incidents of a federal scheme to control imports and foster Canadian oil resource development; such incidental interference with local trade is intra vires Parliament and licensable under the National Energy Board Act.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Operative part of Exchequer Court judgment amended to read: "The declaratory action for avoidance brought by the plaintiff is dismissed with costs"