Fed Ag Products Marketing Act (1949) was impugned legislation.
Feds could delegate power to reg interprov marketing to a prov bd
Federal Order in Council in 1950 delegated interprov power to reg PEI pot’s to PEI Potato Marketing Board
PEI ref’d Q of validity to PEI Sup Ct in banco.  Conclusion:  ultra vires, following NS InterDel.
In SCC:  NS InterDel disginguished. 9 js participated and they wrote 6 dec’s.
Rinfret:  Act clearly in fed juris (T&C: int, Ag)
NS Case just applies to del to legislatures.
Feds can choose own board or agency (precedents)
Praises fed-prov cooperation
PEI Potato Marketing Bd cont’d
Rand:  would be valid if Feds created a separate interprov marketing bd, and appointed same people to it as on PEI Bd.
“Twin phantoms of ths nature must, for practical purposes, give way to realistic necessities.”
 

Last JCPC decision:  Winner (1954) (The appeal was initiated before appeals to JCPC were abolished in 1949).  It declared that only feds can license vehicles for interprovincial purposes.  Feds delegated interprov transport regs to prov. transport boards.

Couglin (1968):  Fed transport delegation upheld.

As a result of the Willis and Coughlin decisions, there was no need for a const amen’t re interdelegation.