Monday, June 10, 2013

Applicability of a provincial regulatory scheme to the out-of-province appellants

Ontario College of Pharmacists v. 1724665 Ontario Inc. (Global Pharmacy Canada), 2013 ONCA 381 holds:

[67]       There is no dispute about the legal principles that apply when determining the applicability of a provincial regulatory scheme to the out-of-province appellants.  The question is whether there is a sufficient connection between those appellants and Ontario, such that the College has jurisdiction over them.  The first two propositions in para. 56 of Unifund provide the starting point for answering that question:

Consideration of constitutional applicability can conveniently be organized around the following propositions:

1. The territorial limits on the scope of provincial legislative authority prevent the application of the law of a province to matters not sufficiently connected to it;

2.  What constitutes a "sufficient" connection depends on the relationship among the enacting jurisdiction, the subject matter of the legislation and the individual or entity sought to be regulated by it; …   

[68]       Furthermore, as the application judge observed, there is no single standard defining what constitutes a sufficient connection: whether there is a sufficient connection depends largely on context. 

No comments: