1198[1] is a landmark constitutional decision of the Supreme Court of Canada on cooperative federalism where the Court unanimously upheld the validity of various Acts passed by the Parliament of Canada and the Legislative Assembly of Ontario for establishing a national agricultural marketing scheme agreed upon by the federal and provincial governments.
[2] In 1949, the Parliament of Canada enacted the Agricultural Products Marketing Act[3] in order to regulate extraprovincial trade.
By the 1960s, Ontario and other provinces had settled on a model of marketing boards for specified agricultural products, while the federal government started to set up national schemes as with the Canadian Dairy Commission.
(b) Is S.O.R./73-1 section 10 ultra vires the enabling legislation the Farm Products Marketing Agencies Act, 19‑20-21, Eliz.
The approval that was given to the operation of federal-provincial schemes has also been called the cooperative federalism approach, which has been employed in other areas of shared jurisdiction, and how far that can go was recently discussed in Reference re Securities Act.