McD.Intro Flashcards
Identify 4 federal areas of exclusive authority.
- Regulation of trade & commerce
- Taxation
- Banking
- Bankruptcy & insolvency
- Aliens & naturalization
- Criminal Law
Identify the 4 provincial areas of exclusive authority.
- Provincial taxes
- Civil property rights
- Hiring & supervising provincial employees
- Operating jails & hospitals
Briefly explain the term ‘intra-vires’
Within the powers of a particular government
Briefly explain the term ‘ultra-vires’.
Beyond the powers of a particular government.
Identify the 2 areas/matters under provincial insurance regulation.
- Contract matters
2. Transaction matters
Identify 4 examples of contract matters under provincial insurance regulation.
- Policy contents
- Policy terms (includes effective date)
- Premium payment
- Insurable interest
- Reinstatement
- Designation of beneficiaries
Identify the 3 transaction matters under provincial insurance regulation. (Hint: AUC)
- Agent licensing
- Unfair practices
- Claims handling
True or False?
It would be feasible to replace provincial regulation of auto with federal regulation.
False:
- This would be ultra-vires for the federal government
- Insurance Reference Case says regulation of commerce doesn’t cover licensing a particular trade
What was the ‘Citizen’s v Parsons’ case about?
Province ability to pass legislation that applies to a federally regulated insurer
Insurer disputes ON’s Fire Insurance Act
The Act is required certain statutory conditions for fire policies in ON
What were the issues in the ‘Citizen’s v Parsons’ case?
Is ON Fire Act ultra-vires?
(relates to regulation of trade, which is federal)
Insurer claims province can’t legislate to deprive federally incorporated insurer of status & capacity
What was the JCPC ruling of the ‘Citizen’s v Parsons’ case?
The Ontario Fire Insurance Policy Act was deemed to be intra‐vires
All insurers are treated equally
Trade is inter‐provincial, not intra‐provincial
Briefly describe the Insurance Reference Case (AG Can v AG AB).
Ability of insurers to operate in more than 1 province
The Federal Insurance Act required a Federal license of all insurers except if incorporated by Province and operating solely in Province.
What was the issue in the Insurance Reference Case (AG Can v AG AB)?
Is this version of the Federal Insurance Act intra-vires?
What was the JCPC ruling in the Insurance Reference Case (AG Can v AG AB)?
Licensing provisions are ultra-vires.
Regulation of trade/commerce did not extend to a licensing system of a particular trade.
Trespasses on provincial authority in civil rights.
In the Insurance Reference Case, what was the conclusion regarding an insurer’s right to operate in other provinces?
Provincial insurer has the capacity, but not the right to operate in another province if he has the permission to do so by the other province.
Federal insurer has both the capacity and right to operate in any province.