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Caloil Inc v Canada (AG)
''Caloil Inc v Canada (AG)'' is a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91(2) of the ''Constitution Act, 1867''. The Court upheld a federal law prohibiting the transport or sale of imported oil in a certain region of Ontario.
==Background==
In 1970' the ''National Energy Board Act'' was amended to extend its scope to cover oil, and regulations were issued to provide that an importer of gasoline could not transport it across a line generally coinciding with the Ontario-Quebec border without a license from the Board. Upon being refused a new license because of failure to comply with terms attached to previous licenses, Caloil obtained a declaration from the Exchequer Court stating that the regulatory scheme was unconstitutional, within the framework previously determined in the ''Margarine Reference.〔() ExCR 512〕
The regulations were subsequently revised to provide that imports of gasoline could be shipped into an area of Canada specified in the conditions of a license granted by the Board. Caloil returned to the court for a declaratory action for avoidance, with the Attorney General of Canada as defendant and the National Energy Board as ''mis-en-cause''.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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