The Law of Legislative Power in CanadaToronto law book and publishing Company, limited, 1898 - 825 páginas |
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Página xi
... Validity Act , 1865 It applies to the Dominion legislature of Canada as much as to the representative legislature of any other colony . It is only the declaration of that which has always been the law , ( vide 7-8 Will . 3 , c . 22 , s ...
... Validity Act , 1865 It applies to the Dominion legislature of Canada as much as to the representative legislature of any other colony . It is only the declaration of that which has always been the law , ( vide 7-8 Will . 3 , c . 22 , s ...
Página xvi
... validity of a provincial Act forbidding the transfer of property till taxes paid , and its applicability to bank shares , see Heneker v . Bank of Montreal , R.J.Q. 7 S.C. 257 , ( 1895 ) . And as to provincial licensing of private or ...
... validity of a provincial Act forbidding the transfer of property till taxes paid , and its applicability to bank shares , see Heneker v . Bank of Montreal , R.J.Q. 7 S.C. 257 , ( 1895 ) . And as to provincial licensing of private or ...
Página xxii
... validity . 19. If it be once determined that the Dominion Parliament or a Provincial Legislature has passed an Act upon any subject which is within its jurisdiction to legislate upon , its jurisdiction as to the terms of such ...
... validity . 19. If it be once determined that the Dominion Parliament or a Provincial Legislature has passed an Act upon any subject which is within its jurisdiction to legislate upon , its jurisdiction as to the terms of such ...
Página xxiv
... validity , be interfered with by such an Act . So likewise in- capacities imposed upon persons guilty of certain practices by an Act which is ultra vires will not enure against , or 300-304 affect , those persons . 24. The scheme of the ...
... validity , be interfered with by such an Act . So likewise in- capacities imposed upon persons guilty of certain practices by an Act which is ultra vires will not enure against , or 300-304 affect , those persons . 24. The scheme of the ...
Página xxxii
... validity of a Dominion Act , the first question to be determined is , whether the Act falls within any of the classes of subjects enumerated in section 92 , and assigned exclusively to the legislatures of the provinces . If it does ...
... validity of a Dominion Act , the first question to be determined is , whether the Act falls within any of the classes of subjects enumerated in section 92 , and assigned exclusively to the legislatures of the provinces . If it does ...
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Términos y frases comunes
appoint argument Attorney-General authority Bank of Toronto British North America Brunswick Canada Temperance Act Canadian Cart Citizens Insurance civil rights classes of subjects clause colonial Confederation conferred Constitution corporation criminal Crown decision disallowed Dominion Act Dominion parliament effect enactment enumerated exclusive executive exercise expressed federal Governor-General Gwynne held Hodgins Imperial parliament infra insolvency intra vires judges judgment jurisdiction lature leading Proposition legis legislative power License Acts Lieutenant-Governor limits Lord lordships matters ment Minister of Justice municipal North America Act notes thereto notes to Proposition Nova Scotia Ontario parlia parliament of Canada passed prerogative Privy Council Prop property and civil provincial Act Provincial Legislation provincial legislatures provisions Quebec Queen Queen's Counsel question railway referred Regina regulation of trade relation respect Ritchie says sect section 92 statute supra Supreme Court Taschereau taxation tion trade and commerce ultra vires validity vested Vict vincial words
Pasajes populares
Página 775 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Página 775 - And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
Página 776 - In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions : — (1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union : (2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman...
Página 775 - The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province. 7 The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
Página 749 - The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the Members thereof...
Página 774 - 3. The Raising of Money by any Mode or System of Taxation. " 4. The Borrowing of Money on the Public Credit. " 5. Postal Service. " 6. The Census and Statistics. " 7. Militia, Military and Naval Service and Defence. " 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada.
Página 733 - The administration of Justice in' the Province, including the constitution, maintenance, and organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including procedure in civil matters in those Courts.
Página 299 - Any colonial law which is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation made under...
Página 775 - The Amendment from time to time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the office of Lieutenant-Governor. 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial purposes.
Página 356 - Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.