A. Introduction

• Author: Patrick J. Monahan - Byron Shaw
• Pages: 377-377

Page 377

"Transportation" is not an enumerated head of power assigned exclusively to Parliament or the provincial legislatures. Rather, transportation is regulated by federal and provincial governments pursuant to various provisions of the Constitution Act, 1867.¹This chapter examines the relevant provisions in the Canadian constitution that allocate jurisdiction over the field of transportation. It considers the extent to which the courts have modified or supplemented the original division of powers of transportation contemplated by the Constitution Act, 1867. It also examines the extent to which the division of powers has constrained the ability of governments to respond to changing circumstances in transportation. Finally, it considers how legislative jurisdiction has been exercised in practice by...