Registrar of Motor Vehicles v. Canadian American Transfer

Registrar of Motor Vehicles v. Canadian American Transfer

Vehicles used solely for carriage of goods from Ontario into the United States are extra‑provincial and do not fall within the provincial definition of "public commercial vehicle" in The Public Commercial Vehicles Act; consequently the provincial power under s.6(3) of The Highway Traffic Act could not be validly invoked to cancel permits of such extra‑provincial vehicles. Section 3(2) of the federal Motor Vehicle Transport Act merely designates provincial boards to issue federal licences and does not expand provincial legislative competence. The Minister's delegation to the Registrar was valid and procedural opportunities afforded were adequate, but on the core jurisdictional point the...

Citation
[1972] SCR 811
Parties
Appellant / Plaintiff: Registrar of Motor Vehicles; Respondent / Defendant: Canadian American Transfer Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 March 1972
Procedural Posture
Appeal / Final Decision on Appeal to the Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed
Legal Topics
Extra Provincial Undertaking, Jurisdictional Limits, Licensing and Permits, Delegation of Ministerial Authority, Natural Justice
Source Language
English
Constitutional Law Administrative Law Transportation Law Extra Provincial Undertaking Jurisdictional Limits Licensing and Permits Delegation of Ministerial Authority Natural Justice

Case Brief

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Parties

Registrar of Motor Vehicles

Appellant / Plaintiff

Canadian American Transfer Limited

Respondent / Defendant

Procedural Posture

Appeal / Final Decision on Appeal to the Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether s.6(3) of The Highway Traffic Act empowered the Minister or his delegate (the Registrar) to cancel vehicle permits of an operator engaged exclusively in carriage of goods from Ontario to the United States
  2. 2 Whether vehicles engaged solely in extra-provincial (export) carriage fall within the definition of "public commercial vehicle" under The Public Commercial Vehicles Act (Ontario)
  3. 3 Whether s.3 of the Motor Vehicle Transport Act (Canada) and its s.3(2) designation of provincial boards affects provincial legislative competence or validates provincial action against extra‑provincial undertakings

Ratio Decidendi

Vehicles used solely for carriage of goods from Ontario into the United States are extra‑provincial and do not fall within the provincial definition of "public commercial vehicle" in The Public Commercial Vehicles Act; consequently the provincial power under s.6(3) of The Highway Traffic Act could not be validly invoked to cancel permits of such extra‑provincial vehicles. Section 3(2) of the federal Motor Vehicle Transport Act merely designates provincial boards to issue federal licences and does not expand provincial legislative competence. The Minister's delegation to the Registrar was valid and procedural opportunities afforded were adequate, but on the core jurisdictional point the...

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs