Can-Du Air Ltd. v. Canada ( Minister of Transport )
T-2724-92
Joyal J.
30/3/94
14 pp.
Application for judicial review of Minister of Transport's decision denying request for certification of heliport-Application on ground Minister exceeded jurisdiction by unlawfully delegating authority-Minister refused certification relying upon Aeronautics Act, s. 6.71(1) and Air Regulations, s. 810-Whether Minister had authority to reject application for certification on grounds of public interest-Act, s. 4.2 elaborating duties of Minister in matters related to aeronautics; responsibilities of wide variety including aviation safety-Minister has statutory authority to refuse application for certification-Whether or not provisions enacted in 1992 could be used to refuse application filed in 1990-Court set three criteria to determine whether to grant adjournement and finally concluded to refuse request-Prima facie right of property owner to utilize property in accordance with existing zoning regulations not to be disturbed unless intent to rezone shown to exist prior to application for permit-Law applicable in case is law applicable at time of application-Whether Minister erred by delegating power and determining what constitutes "public interest"-Provision granting discretion to Minister not without limitations-Discretion must be exercised by authority to which granted, must be exercised in independent manner and not be dictated by another body-S. 6.71(1) and Regulation, s. 810 confer upon Minister discretion to refuse certification if not in public interest-Minister took final decision to refuse certification; not bound by any other authority's opposition or approval but could decide to agree or disagree with any other concerns-No unauthorized delegation of power, as Minister indicated considered grounds of formal opposition and as refusal of certification based on Minister's opinion-Minister cannot make determination in vacuum and must often rely on other sources or opinions in order to make clear and informed decision as to whether certificate should be granted-Exercise of discretion must be for purposes or policy objectives of granting legislation-Minister not relying on irrelevant considerations-Application denied-Aeronautics Act, R.S.C., 1985, c. A-2, ss. 4.2 (as enacted by R.S.C., 1985 (1st Supp.), c. 33, s. 1), 6.71(1) (as enacted by S.C. 1992, c. 4, s. 14)-Air Regulations, C.R.C., c. 2, s. 810.