Reference to the Court of Appeal of Quebec concerning the constitutionality of the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the « Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory system », and the authority of the Parliament of Canada to adopt the draft of the « federal Capital Markets Stability Act » under the general branch of the trade and commerce power (section 91(2) of the Constitution Act, 1867)

MONTREAL, Aug. 18, 2015 /CNW Telbec/ - By Order in Council of the Government of Quebec bearing number 642-2015, the following constitutional questions are referred to the Court of Appeal for hearing and consideration:

1. Does the Constitution of Canada authorize the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the most recent publication of the « Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory system »?
2. Does the most recent version of the draft of the « federal Capital Markets Stability Act » exceed the authority of the Parliament of Canada over the general branch of the trade and commerce power under section 91(2) of the Constitution Act, 1867?

This Order in Council was filed with the Office of the Court of Appeal for the District of Montreal under docket No. 500-09-025430-158 on July 15, 2015.

Pursuant to Section 4 of the Court of Appeal Reference Act, all Attorneys General have until September 30, 2015, to file a written appearance with the Office of the Court of Appeal.

Any other intervention must be effected by a written request to the Chief Justice or to a judge designated by the Chief Justice and filed with the Office of the Court of Appeal by no later than September 30, 2015.

Subsequently, the Chief Justice will hold a preliminary session to determine, if necessary, the conditions of intervention in this matter and to prepare a timetable for the conduct of the case.

Nicole Duval Hesler
Chief Justice of Quebec

SOURCE Quebec Court of Appeal

Source: Office of the Honourable Nicole Duval Hesler, Chief Justice of Quebec; For information: Mtre Julie Devroede, 514-393-2022 ext. 51259