Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Municipal law — Bylaws — Validity — Municipality passing bylaw concerning extractive facilities associated with quarry — Whether bylaw infringed on provincial jurisdiction over location of quarries — Whether the Court of Appeal erred in its application of the law as set out in United Taxi Drivers’ Fellowship of Southern Alberta v. Calgary (City), 2004 SCC 19, and its analysis of the Halifax Regional Municipality Charter, S.N.S. 2008, c. 39, including, but not limited to, ss. 2, 187, 188, 208, 209(c), 213, 228, and 235 — Whether the Court of Appeal erred in limiting its consideration of the statutory scheme to the four corners of the municipal Charter, and failing to give consideration to provisions contained in the Environment Act, S.N.S. 1994-94, c. 1, and its regulations and guidelines — Whether the Court of Appeal erred in concluding that if municipality was allowed to regulate extractive facilities it could completely prohibit the use anywhere within its boundaries — Whether the Court of Appeal erred in relying upon provincial interest to narrow the application of municipal powers under Part VIII of the municipal Charter, when the Province of Nova Scotia had not issued a statement of provincial interest in relation to quarries or extractive facilities under Part VIII.

Northern Construction Enterprises Inc. wanted to open and operate a quarry within the airport industrial designation. The quarry was to be accompanied by crushing and screening equipment and other elements for processing of the extracted rock. Northern applied for a municipal development permit for the processing elements. Halifax refused Northern’s application on the basis that the proposed quarry comprised an “extractive facility” and was prohibited under s. 2.29 of the Land Use By-law for Planning Districts 14 and 17. Northern appealed that refusal to the Nova Scotia Utility and Review Board, which upheld Halifax’s interpretation of s. 2.29 and dismissed the appeal. The Board found that it did not have jurisdiction over whether passing the by-law was within Halifax’s jurisdiction. The by-law was found to be within Halifax’s jurisdiction by the Supreme Court of Nova Scotia. The Court of Appeal concluded that that the province had retained control over the location of quarries and declared s. 2.29 of the municipal Charter invalid to the extent to that it trespassed into provincial jurisdiction.