Aeronautics Jurisdiction

Summary of the Issue

From COPA's Legal Primer - Federal Aeronautics Power in Canada 2022

"We have heard repeatedly that aviation is federally regulated. We may have even read that aeronautics is under the exclusive jurisdiction of the federal Ministry of Transportation, a position that the Supreme Court of Canada reaffirmed in 2010. If so, then why are we still reading stories about municipalities issuing stop-work orders to air operators who are otherwise in full compliance with the Canadian Aviation Regulations? This is often because the exclusive federal jurisdiction over aeronautics is not understood by provincial or municipal regulators, or the matter is novel and the courts must determine whether the subject matter is within the protected “core” of federal aeronautics power or, sadly, in my experience, that
provincial/municipal authorities are simply exceeding their jurisdiction, often for local political reasons, and at the expense of the strained resources of the aviation sector."

What is COPA doing?

Since the Johannesson v Municipality of West St. Paul case in 1952, the question of the exclusive federal jurisdiction over aeronautics has often been challenged by other levels of government. COPA has been an active participant in protecting the exclusive power of the federal government, and in 2010, COPA was successful at the Supreme Court of Canada level with a ruling reinforcing this jurisdiction.

Since that time, there have been further challenges to federal jurisdiction, particularly in Quebec, which have introduced some problematic rulings, and proposed that provincial or municipal government jurisdiction may apply in some cases. COPA disagrees with these rulings and continues to monitor the legal landscape. Understanding that there may be a future requirement to challenge provincial and municipal jurisdictional claims, COPA remains vigilant to safeguard aeronautics solely under federal jurisdiction. 

For anyone wishing to learn more about this issue, please refer to the full legal primer, Federal Aeronautics Power in Canada 2022, available on COPA's website.