Myth 4: The federal government has at its disposal the "nuclear option" - the declaratory power - that could quickly shut down B.C.
to be for the general advantage of Canada or for the advantage of two or more of the provinces." But constitutional power is not always political power: in political practice the declaratory power is a dead letter.
(29) As Peter Hogg suggested, "[i]t appears, however, that the federal government and Parliament are sensitive to the anomalous character of the power and are now inclined to use the power only sparingly." (30) Referring to the powers of disallowance and reservations, and the declaratory power, La Forest J.
Even if it were the case that the federal declaratory power had not fallen into desuetude, the Supreme Court, 20 years ago, limited the scope of this power of "exceptional nature".
It is entirely possible that the declaratory power of s 92(10)(c) would one day be limited to works that qualify under a test similar to the "provincial inability" criteria used under of the "national concern" doctrine of the POGG.
Infringements upon the negative autonomy of provinces through the "national concern" doctrine, the federal declaratory power and the general federal paramountcy rule are probably all better understood not as a mere privileging of the positive autonomy of the Parliament, but rather as a consequence of the subsidiarity principle.
If a producer's bidding price is lower than or equal to the clearing price, he can sell out all the declaratory power
generation at the unified clearing price.
perspective, possess declaratory power over the question of law
preserve the declaratory power of the federal courts over the
the federal courts require declaratory power to vest federal question
Tom Flanagan has proposed dusting off the disused "declaratory power
" in the BNA Act that would permit the federal government to simply override any B.C.
It will also expand a judicial court's authority to include injunctive and declaratory powers
, and to enforce such orders.