POGG

residuary power --> any matter that does not come within a provincial head of power must be w/in the power of the fedl parlt

3 branches:gap branch --> const incompl in allocation of power -eg. power outside provl auth goes to fedl parlt.

National concern branch --> Anti-Inflation Ref:

1. Important to all parts of Canada2. failure of one prov to act could injure others (or beyond provl power to deal with it)3. a distinct topic (not too broad or diffuse to be a “matter”)

Examples:aeronautics – Johanneson v West St Paul(on the basis of traffic growth and mail delivery) marine pollution – Zellerbach (predom extra prov; intl character)National Capitol Region – Munro(beyond local/provl interests; failure of prol cooperation)

Emergency branch -->

Insurance Ref – confirmed POGG could not be used to regulate a particular industry-result: most regulation of industry has to be provincial

Emergency Test ( Anti-Inflation Ref ): Law must be temporary and there must a rational basis for the legislation

-even peacetime legislation as long as test met-not nec to declare it is in response to a national emergency-just need rational basis for finding “emmergency” exists-onus is on party alleging there is no emergency (very hard to do)Anti Infl Ref – wage and price controls upheld on emergency basis – 20 months of double digit inflation and unemployment – enough to constitute an “emergency” - law was set to expire in 2 yrs

POGG Power limited to: 1. Permanent jurisdicition can only be in relation to - distinct matters- not found in s92 (provl enum. powers)- that are of national concern

2.Temporary jurisdiction can be in relation to all matters needed to deal with an emergency.

For powers not specified in the Constitution – use the Gap branchFor specific matters which require federal regulation – use the National Concern branchFor unlimited (temporary) powers in emergencies – use the Emergency branch

Leading “Emergency” Cases: legislation involved sweeping new category of Fedl power over property, prices, wages, or pensions:Board of Commerce – Unionization, hoarding, prices and profitsFort Frances – profitsSnider, Labour Coventions – labour relations, labour stadardsNatural Products marketing – nat prod marketingWartime Leasehold Regs – rents

--> so legisl could only be upheld of there was an emergency

Leading “National Concern” Cases: involved more distinct + specific subject matter:Aeronautics – JahannessonThe national capital – MunroAtomic Energy – Ontario HydroMarine Pollution – Crown Zellerbach

--> so required no emergency, only that the subject matter be of “national concern”