Reference Re Farm Products Marketing Act (Ontario)

198 is a leading Supreme Court of Canada decision on the Trade and Commerce power allocated to the federal government under section 91(2) of the Constitution Act, 1867.

The Ontario Farm Products Marketing Act was challenged as ultra vires the province.

Rather, the Act concerned the "flow of goods" which was part of the Trade power.

Rand J., in a concurring opinion, added that the demarcation between trade, production, and manufacturing must be considered.

It is one of the earliest cases following the abolition of appeals to the Privy Council in 1949, in which the Supreme Court did not consider itself bound by its own past decisions.