We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
Constitutional Law – Division of Powers –
Aerodrome
This case concerns an aerodrome built by two private citizens on
lands zoned "agricultural" in Québec. The Province
argued that the placement of the aerodrome at issue violated its
planning law, namely that land designated "agricultural"
by the Province had to be used for that purpose, subject to prior
authorization from a provincial board for other uses.
The Court applied the doctrine of interjurisdictional immunity,
even though the doctrine received much theoretical diminishment by
the Court in Canadian Western Bank v. Alberta, 2007 SCC
22. Interjurisdictional immunity may render an otherwise valid
provincial law inapplicable as the effects of its application
entrench on the core of a protected power within Parliament's
jurisdiction. The test is whether the impugned law comes within the
"basic, minimum and unassailable content", or essential
jurisdiction, of the legislative power in question.
The Majority found that the provincial laws designating
agricultural land were in pith and substance intra vires
provincial jurisdiction, by virtue of ss. 92(13), (16) and 95 of
the Constitution Act, 1867, but that the incidental
effects of its application impaired the well-established
"core" of the federal jurisdiction over aeronautics under
the POGG power, which has been identified in Supreme Court
jurisprudence to include the ability to determine the location of
airports and aerodromes. The provincial law was therefore deemed
inapplicable, by virtue of the doctrine of interjurisdictional
immunity, to the extent that it prohibits aerodromes on lands zoned
agricultural.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
SIGNIFICANCE OF DECISION
This is the first appellate decision to interpret subsection 43(2) of Canada’s Marine Liability Act, which makes the Hague-Visby Rules apply compulsorily to certain contracts of carriage by water between places in Canada.
The Supreme Court of Canada announced today that it will hear an appeal of a case which considered the interaction and potential conflict between the Montreal Convention (a treaty governing international air travel) and Canadian language law rights.
Canada’s Minister of State has recently announced that new software will be deployed on Canada’s full-body scanners that will enhance passenger privacy at airports.
Most business lawyers would be familiar with the standard types of legal due diligence carried out in the usual commercial purchase and sale or financing transaction.
Bill C-11, now proclaimed into law, has significantly changed the operation of the Canada Transportation Act (the "CTA"), including changes to the process of notification and review of mergers involving transportation undertakings
The Canadian government has tabled draft amendments to the Canada Transportation Act that would introduce a new "public interest review process" for mergers and acquisitions involving federally regulated "transportation undertakings."
On January 25, 2013, the Minister of Transportation signed a regulation amending the Minimum Maintenance Standards for Municipal Highways, O. Reg. 239/02 ("MMS"), under the Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal Act").
