Northern Construction Enterprises Inc. v. Halifax (Regional Municipality), 2014 NSCA 88 (CanLII)

This case was heard in the Nova Scotia Court of Appeal.

Northern Construction Enterprises Inc. (“Northern”) applied for a permit to develop an aggregate quarry in the Halifax Regional Municipality (“HRM”). When the HRM chose not to award the permit, Northern appealed to the Nova Scotia Utility and Review Board (“UARB”), arguing that the HRM had no jurisdiction to deny the permit because the Province of Nova Scotia, not individual municipalities, has the authority to determine the location of quarries. The HRM had enacted a by-law prohibiting all but the most basic quarrying activities, and it argued that it had the authority to do because although the Province had jurisdiction over quarries, the HRM had jurisdiction over “developments adjacent to…quarries.” Northern asked the UARB to declare that the HRM had no authority to enact that by-law, and it argued that the HRM’s decision to deny the permit should be overturned.

The UARB found that it had no jurisdiction to determine whether the HRM had the authority to enact the by-law at issue, and it upheld the HRM’s interpretation of the by-law. Northern appealed to the Supreme Court of Nova Scotia, which considered whether the HRM had the authority to enact the by-law itself. The Court held that the by-law was valid, and it affirmed the HRM’s interpretation of the by-law as well.

Northern sought leave to appeal both aspects of Court’s decision, and it filed a motion for consolidation so that the two issues could be considered together as one. In turn, the HRM filed a motion for a stay, arguing that the issue of whether the HRM interpreted the by-law correctly should not be considered until the Nova Scotia Court of Appeal had determined whether the by-law was valid. After considering the relevant law and legal principles, the Court denied the motion for consolidation and also denied the stay. It held instead that the two appeals would be heard sequentially before the same panel of the Court.

To read other decisions related to this case, go to:

Northern Construction Enterprises Inc. v. Halifax (Regional Municipality), 2014 NSSC 166 (CanLII)

Northern Construction Enterprises Inc. v. Halifax (Regional Municipality), 2015 NSCA 44 (CanLII)

Northern Construction Enterprises Inc. v. Halifax (Regional Municipality), 2015 NSCA 43 (CanLII)

Halifax Regional Municipality v. Northern Construction Enterprises Inc., 2016 CanLII 7603 (SCC)

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/2014/2014nsca88/2014nsca88.html

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