Taking Stock: Securities Regulation and the Division of Powers

Dalhousie Law Journal, Vol. 22, No. 2, pp. 250-91, 1999

43 Pages Posted: 4 Apr 2011  

Robert Leckey

McGill University - Faculty of Law

Eric Ward

Government of Canada - Department of Justice

Date Written: September 2, 1999

Abstract

Recent developments in Canada’s securities markets highlight their national character and call for a fresh consideration of the question of federal securities regulation. Developments in the constitutional case law have changed the legal context, such that the trade and commerce and the peace, order and good government powers under the Constitution Act, 1867 would likely support federal securities legislation. The existing level of inter-provincial cooperation regarding securities shows the need for national regulation.

Keywords: national securities regulation, Canada, division of powers, federalism, trade and commerce

JEL Classification: K10, K19, K22

Suggested Citation

Leckey, Robert and Ward, Eric, Taking Stock: Securities Regulation and the Division of Powers (September 2, 1999). Dalhousie Law Journal, Vol. 22, No. 2, pp. 250-91, 1999. Available at SSRN: https://ssrn.com/abstract=1801584

Robert Leckey (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514-398-4148 (Phone)
514-398-4659 (Fax)

Eric Ward

Government of Canada - Department of Justice ( email )

Ottawa, Ontario K1A 0G5
Canada

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