Province can't legislate to deprive federally incorporated insurer of status & capacity

Comments

• graham

  October 2021

  If a province makes a law that conflicts with a federal law then the federal law takes precedence. (At least regarding federally incorporated insurance companies.)
• mandatory_coverages

  January 28

  can you elaborate on why in CIC vs AG(AB) the BC legislature acted within its power? It sounds like BC leg wanted to make it harder for the insurer to participate in BC but is the key here that this doesn't prohibit the insurer from participating therefore its not conflicting with the federal law?
• Staff-TS

  January 28 edited January 28

  This case has a lot of legal details that I think might be too involved for this exam. I understand that the BattleCard keeps it brief, so here are some key points behind the ruling:

  • BC's primary intent was to regulate automobile insurance within the province. Regulation of insurance, a contractual matter, is intra-vires with respect to the provincial government.
  • Compulsory automobile insurance was considered a matter of local concern, directly tied to the safety and economic well-being of the province's residents.

  The dismissal of the appeal concluded that provinces have the authority to implement universal insurance schemes as part of their regulatory powers.