IN RE INSURANCE ACT OF CANADA. ATTORNEY-GENERAL OF QUEBEC v. ATTORNEY-GENERAL OF CANADA; AND CROSS-APPEAL. (BELDING-CORTICELLI, LTD., AN OTHERS, INTERVENING.)

(1931) 41 Ll L Rep 4

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Viscount Dunedin, Lord Blanesburgh, Lord Atkin, Lord Russell of Killowen and Lord Macmillan.

Canada - Insurance - Legislative competence of Dominion - Conflict between Dominion and Province - British North America Act, 1867, Sects. 91, 92 - Insurance Act, 1927, Sects. 11, 12, 65, 66 - Special War Revenue Act, 1927, Sects, 16, 20, 21 - Whether unconstitutional and ultra vires - In answer to questions put by the Lieutenant-Governor in Council, held (1) that a foreign or British insurer who holds a licence under the Quebec Insurance Act to carry on business within the Province is not obliged to observe and is not subject to Sects. 11, 12, 65 and 66 of the Insurance Act and that these sections are unconstitutional and ultra vires as regards such insurer; (2) that Sects. 16, 20 and 21 of the Special War Revenue Act are not within the legislative competence of the Parliament of Canada and that there is no difference between the case of an insurer who has obtained or is bound to obtain under the provincial law a licence to carry on business in the Province and any other case.