F. Regulatory Framework
| Author | Patrick J. Monahan - Byron Shaw |
| Pages | 401-405 |
Page 401
It is evident that the courts have taken a much more expansive approach to federal authority over transportation matters than in other fields, such as trade and commerce. To what extent does the federal and provincial legislation enacted in the transportation field reflect the centralized scheme contemplated by the formal constitution? The short answer to this question is that the regulatory framework does recognize a leading role for the federal government over transportation matters. However, in certain instances, the federal government has chosen not to exercise the full range of authority it has been allocated under the constitution. What follows is a brief overview of the regulatory framework that has been put in place in the four principal modes of public passenger transportation: air, water, rail, and motor vehicle. The focus of this analysis is on particular modes of transportation or forms of regulation that have been an important source of litigation or court decisions in the past. As such, we do not attempt to provide a comprehensive outline
Page 402
of federal or provincial legislation relating to transportation matters.100
The main purpose of including this overview is to allow for a more complete understanding of how governments have actually used their formal powers set out in the constitution.
The federal government currently dominates the regulation of all air passenger transportation in Canada. Under the Canada Transportation Act,101Parliament has exclusive responsibility for regulating the provision of all air services in Canada; and under the Aeronautics Act,102it
regulates the safety and security of passengers, aircraft, and airport and aviation facilities. All air carriers in Canada are subject to exclusive federal regulation under these statutes, including carriers engaged in purely local transportation. The provincial role in the transportation field is currently limited to establishing and directly operating certain airports as well as subsidizing some air passenger services. Almost all the airports and airstrips owned and operated by provincial governments are located in remote, northern areas of the provinces. Moreover, all provincially operated airports as well as all air passenger services must be federally licensed and must meet relevant federal regulatory requirements. In short, the regulatory framework governing aeronautics reflects the centralized interpretation developed by the Supreme Court in this area.
The primary public mode of marine passenger transportation is provided by passenger and automobile ferries. The Parliament of Canada has established safety requirements under the Canada Shipping Act,103 which apply to all ferry services, including ferries operating within a province. This statute represents a codification of the rules of the "road" for all navigation and shipping within Canadian navigable...
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