Munro v. National Capital Commission
Encyclopedia
Munro v. National Capital Commission [1966] S.C.R. 663 is a leading Supreme Court of Canada
decision on the federal peace, order, and good government power, where the Court held that the zoning
, expropriation and renovation of land within the National Capital Region, in the vicinity of Ottawa
, is a matter under the authority of the federal government.
Typically, matters of city improvement, zoning and bylaws are in the exclusive power of the provincial government under the property and civil rights
power of the Constitution Act, 1867
. However, the unique nature of the City of Ottawa in relation to the federal government was the basis of giving authority to the federal government. The interpretation of the "national concern" branch of the peace, order, and good government clause is a significantly broad one.
The National Capital Commission
, a federal body, sought approval from the Governor General to expropriate land for the creation of a green belt around Ottawa. The proposal was challenged as being beyond the power of the NCC.
A unanimous Court held that the NCC plan falls within the "national concern test" of the peace, order, and good government clause. To reach this conclusion the Court examined the pith and substance
of the empowering legislation and found that the law was in relation to establishing the national capital region “in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.” The Court then allocated the matter to a Constitutional head of power but found that it did not come within either section 92 (the provincial head of power) or section 91(1) (the federal head of power). Instead the Court held that it fell within Section 91 and the "national concern" branch of POGG as it deals with a “single matter of national interest” as in Canada Temperance Federation case
In short, Munro v. NCC confirmed an earlier ruling by the Court of the Exchequer which had declared that the NCC has power to implement its plans.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the federal peace, order, and good government power, where the Court held that the zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
, expropriation and renovation of land within the National Capital Region, in the vicinity of Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, is a matter under the authority of the federal government.
Typically, matters of city improvement, zoning and bylaws are in the exclusive power of the provincial government under the property and civil rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
power of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. However, the unique nature of the City of Ottawa in relation to the federal government was the basis of giving authority to the federal government. The interpretation of the "national concern" branch of the peace, order, and good government clause is a significantly broad one.
The National Capital Commission
National Capital Commission
The National Capital Commission , is a Canadian Crown corporation that administers the federally owned lands and buildings in Canada's National Capital Region, including Ottawa, Ontario and Gatineau, Quebec.The NCC was created in 1959, replacing the Federal District Commission , which had been...
, a federal body, sought approval from the Governor General to expropriate land for the creation of a green belt around Ottawa. The proposal was challenged as being beyond the power of the NCC.
A unanimous Court held that the NCC plan falls within the "national concern test" of the peace, order, and good government clause. To reach this conclusion the Court examined the pith and substance
Pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
of the empowering legislation and found that the law was in relation to establishing the national capital region “in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.” The Court then allocated the matter to a Constitutional head of power but found that it did not come within either section 92 (the provincial head of power) or section 91(1) (the federal head of power). Instead the Court held that it fell within Section 91 and the "national concern" branch of POGG as it deals with a “single matter of national interest” as in Canada Temperance Federation case
In short, Munro v. NCC confirmed an earlier ruling by the Court of the Exchequer which had declared that the NCC has power to implement its plans.