Reference re Pan‑Canadian Securities Regulation

Reference re Pan‑Canadian Securities Regulation
Supreme Court of Canada
Hearing: 22 March 2018
Judgment: 9 November 2018
Full case nameIN THE MATTER OF a Reference by the Government of Quebec to the Court of Appeal of Quebec for hearing and consideration of the questions set out in Order in Council 642-2015 concerning the constitutionality of the implementation of pan-Canadian securities regulation
Citations2018 SCC 48
Docket No.37613
Prior historyAPPEALS from Renvoi relatif à la réglementation pancanadienne des valeurs mobilières, 2017 QCCA 756, AZ-51390705; [2017] CarswellQue 4199; [2017] QJ 5583 (10 May 2017), in the matter of a reference concerning the constitutionality of the implementation of pan‑Canadian securities regulation.
RulingThe appeals of the Attorney General of Canada and of the Attorney General of British Columbia are allowed. The appeal of the Attorney General of Quebec is dismissed.
Holding
  1. The Constitution authorizes the implementation of pan-Canadian securities regulation under the authority of a single regulator in accordance with the terms set out in the Memorandum, as the Cooperative System cannot improperly fetter the legislatures' sovereignty.
  2. The legislature has the broad authority to delegate administrative powers, including the power to make legally binding rules and regulations, to a subordinate body, even if some members of that body are representatives of certain provinces.
Court membership
Chief JusticeWagner
Puisne Justices
Reasons given
Unanimous reasons byThe Court

Reference re Pan‑Canadian Securities Regulation, 2018 SCC 48 is a landmark decision of the Supreme Court of Canada, dealing with the Canadian doctrine of cooperative federalism and how it intersects with the power of the Parliament of Canada over trade and commerce, as well as discussing the nature of parliamentary sovereignty in Canada.

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