[2] The regulations were subsequently revised to provide that imports of gasoline could be shipped into an area of Canada specified in the conditions of a license granted by the Board.

Caloil returned to the court for a declaratory action for avoidance, with the Attorney General of Canada as defendant and the National Energy Board as mis-en-cause.

At the end of the hearing, Fauteux CJ immediately announced the Court's decision: We are all of the opinion that the appeal should be dismissed with costs.In subsequent written reasons, Pigeon J noted that Dumoulin J's comments with respect to the nature of jurisdictions had to be read with what Lord Tomlin had stated in the Fish Canneries Reference: (4.)

On the contrary, it is no objection when the impugned enactment is an integral part of a scheme for the regulation of international or interprovincial trade, a purpose that is clearly outside provincial jurisdiction and within the exclusive federal field of action.

[5]Pigeon held that the policy intended to be implemented was a control of the imports of a given commodity to foster the development and utilization of Canadian oil resources.