Canadian National Railway Co. v. Board of Commissioners of Public Utilities (Nfld.) et al., (1973) 4 Nfld. & P.E.I.R. 501 (NFSC)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: July 20, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 501 (NFSC)

CNR v. PUB (1973), 4 Nfld. & P.E.I.R. 501 (NFSC)

MLB headnote and full text

Canadian National Railway Company v. Board of Commissioners of Public Utilities and Government of Newfoundland and City of St. John's, Interveners

Indexed As: Canadian National Railway Co. v. Board of Commissioners of Public Utilities (Nfld.) et al.

Newfoundland Supreme Court

Puddester, J.

July 4, 1973.

Summary:

This case arose out of an application under the Motor Carrier Act by the C.N.R. to the Newfoundland Board of Commissioners of Public Utilities for an increase in fares for its bus line in Newfoundland. The C.N.R. established the bus line in 1968 under the authority of section 27 of the C.N.R. Act and received a licence and fee structure from the Board under the Motor Carrier Act. The Board dismissed the application for the fare increase and C.N.R. appealed to the Supreme Court of Newfoundland. The Government of Newfoundland applied to the Supreme Court for an order determining the issues on appeal. Furlong, C.J., on July 20, 1972, in an unreported decision ordered, inter alia, that before the appeal was heard the Supreme Court should determine the question of whether the board had jurisdiction to fix and determine the rates charged by the C.N.R. on its bus line. In the judgment below the Supreme Court held that the Board had jurisdiction to fix the rates of the C.N.R. bus line.

The Supreme Court held that the bus line was a local undertaking and fell within provincial jurisdiction under section 92(10) of the British North America Act. The Supreme Court stated that, although the C.N.R. was under federal jurisdiction pursuant to the B.N.A. Act, 1949, the bus service was expressly excluded from federal jurisdiction by sections 18(3) and 27 of the C.N.R. Act.

Carriers - Topic 1425

Motor carriers - Jurisdiction of Newfoundland Board of Commissioners of Public Utilities - C.N.R. applied to Board for increase in fares on its bus line - Whether bus line was under jurisdiction of Board - Newfoundland Supreme Court held bus line was within provincial jurisdiction as a local undertaking and was not within federal jurisdiction as part of a railway - Appeal Court held Board had jurisdiction to fix the fares of the bus line.

Constitutional Law - Topic 7080

Enumeration in section 92 of B.N.A. Act - Local words and undertakings - Bus line of C.N.R. in Newfoundland - Whether Newfoundland Board of Commissioners of Public Utilities had jurisdiction to fix rates of bus line - Newfoundland Supreme Court held bus line was a local undertaking ad within provincial jurisdiction - Appeal court held board had jurisdiction to fix rates of the bus line.

Cases Noticed:

Quebec Railway Light and Power Company v. Town of Beauport, [1945] S.C.R. 16; [1945] 1 D.L.R. 145, dist.

Quebec Railway Light & Power Company v. Montcalm Land Co., [1927] S.C.R. 545; [1928] 1 D.L.R. 145, dist.

London City Council v. Attorney General, [1902] A.C. 165, folld.

Statutes Noticed:

British North America Act, 1867, sect. 91, sect. 92.

British North America Act, 1949, sect. 31, sect. 33, sect. 36.

Canadian National Railway Act, S.C. 1955, c. 29, sect. 18, sect. 27.

Motor Carrier Act, S. Nfld. 1961, c. 54.

Motor Vehicle Transport Act, 1953-54, c. 59, sect. 3(2).

Counsel:

P.J. Lewis, Q.C., for the appellant;

John W. Mahoney, Q.C., for the respondent;

John J. O'Neill, Q.C., with him Ronald S. Noseworthy, for the Government of Newfoundland;

Gerald F. Lang, Q.C., for the City of St. John's.