Case Law Update: 'Quebec (A.G.) v. Lacombe'

2010 SCC 38, Released October 15, 2010

Constitutional Law – Division of Powers – Aerodomes

This is the first of two decisions released concurrently by the Supreme Court of Canada assessing the constitutional authority of provincial regulation (and municipal land-use by-laws) impacting the field of aeronautics through the division of powers analysis.

In 1995, the municipality amended its zoning by-law to address aviation activity. The pre-amble of this amending by-law stated that it was passed to balance serenity for vacationers with commercial interests. The amendment divided Gobeil Lake's existing planning zone into two regions. A newly-created region, which did not include Gobeil Lake, was provided with the explicit authorization to have structures related to float planes. By contrast, the remaining zone, which contained Gobeil Lake, implicitly prohibited aerodrome activity. This implicit prohibition applied to most of the municipality through the by-law amendment.

In 2005, a properly-licensed numbered company started operating flight excursions from Gobeil Lake. In 2006, the municipality obtained an injunction based on the 1995 amending by-law ordering the numbered company to cease its activity on Gobeil Lake. The Quebec Court of Appeal overturned the lower court on division of powers grounds.

A 7-2 majority of the Supreme Court dismissed this further appeal. McLachlin C.J.C., writing for the majority, held that the municipal by-law was, in pith and substance, related to aerodromes, a matter exclusively within Parliament's power to legislate for "peace, order and good government". The by-law was invalid as ultra vires provincial jurisdiction and should be read down so as to not...