Scribd
Upload
384 views9 pages

Constitutional Law

The document discusses the division of powers between the federal and provincial governments in Canada related to transportation law under the Constitution Act of 1867. It outlines that legislative authority over transportation is divided between the two levels of government, with the federal government having jurisdiction over inter-provincial transportation while intra-provincial transportation falls under provincial jurisdiction. The document then examines this division of powers as it applies specifically to transportation by road, rail, water, and air.

Uploaded by

Ashwin Rajaratnam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
384 views9 pages

Constitutional Law

The document discusses the division of powers between the federal and provincial governments in Canada related to transportation law under the Constitution Act of 1867. It outlines that legislative authority over transportation is divided between the two levels of government, with the federal government having jurisdiction over inter-provincial transportation while intra-provincial transportation falls under provincial jurisdiction. The document then examines this division of powers as it applies specifically to transportation by road, rail, water, and air.

Uploaded by

Ashwin Rajaratnam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 9

z

Constitutional Law
z
Division of Powers

 Legislative authority to make laws dealing with transportation is


divided between the federal and provincial government under
the Constitution Act, 1867 (formerly known as the British North
America Act)

 Law is held to be “ultra vires” (beyond the powers) if a level of


government passes a law that it has no constitutional authority
to pass

 Section 91 – federal jurisdiction

 Section 92 – provincial jurisdiction


z
Federal Powers

 Preamble of section 91 – residual power for “Peace, order and


good government” for any area not assigned to provincial
government

 Section 91(10) – navigation and shipping


z
Provincial Powers

 Section 92(10) – laws respecting certain transportation entities

 Intra-provincial shipping, railways and other transportation is


provincial jurisdiction

 Therefore, anything not listed is governed by federal powers

 Federal jurisdiction over inter-provincial (including international)


shipping, railways, and other means of transportation

 NOTE: section 92(10)(c) – federal government can declare its own


jurisdiction in certain matters

 Work versus undertaking


z
Transportation by Road

 Winner case – constitutional authority over road transport

 Canadian constitutional law avoids divided jurisdiction over a transportation


enterprise

 Where a transportation enterprise has a continuous and regular inter-


provincial aspect, its whole operation will come under federal jurisdiction

 Undertaking – Winner’s bus line business was one “undertaking” – it was a


unified entity

 Introduction of the Motor Vehicle Transport Act, 1954

 Section 7/8 – delegation of federal licensing power to provincial officials


z
Transportation by Rail

 Local railways within a province come within provincial


jurisdiction

 Inter-provincial railways come under federal jurisdiction

 Physical and operational connection

 NOTE: section 92(10)(c) – some intra-provincial railways have


been brought under federal powers through this declaratory
power
z
Transportation by Water

 Federal government has general jurisdiction over inter-provincial


and international ship lines

 No federal jurisdiction over intra-provincial ship lines as


undertakings BUT

 Section 91(10) Authority over navigation and shipping


 Exclusive jurisdiction to the federal government over purely
navigational and shipping aspects of water transportation
 Harbours, maritime and admiralty law
 Liability for accidents at sea and liability for loss of cargo
z
Transportation by Air

 Exclusive Federal jurisdiction over aeronautics

 Re: Aerial Navigation – peace, order and good government

 Treaty making power – federal power – section 132 of the


Constitution Act, 1867

 Both navigational and economic aspects of air transport is


federal
z
Discussion Forum

 Is the case of Regina v. Toronto Magistrates consistent with the


decision in the Winner case? Why or Why not?

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy