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In re Regulation and Control of Aeronautics in Canada : ウィキペディア英語版
Aeronautics Reference

''Canada (AG) v Ontario (AG)'', also known as ''In re the Regulation and Control of Aeronautics in Canada'' and the ''Aeronautics Reference'', is a decision of the Judicial Committee of the Privy Council on the interpretation of the Canadian Constitution. Lord Sankey decided in the case that the federal government has the authority to govern the subject of aeronautics, including licensing of pilots, aircraft, and commercial services and regulations for navigation and safety.
==Background==

In 1919, as part of the negotiations at the Paris Peace Conference, a convention relating to the regulation of aerial navigation was drawn up and signed by all parties, including Canada. It was ratified on behalf of the British Empire in 1922, and the Parliament of Canada subsequently passed legislation on the matter. In a federal-provincial conference in 1927, questions were raised as to whether there really was federal jurisdiction to regulate this field.
The following reference questions were posed to the Supreme Court of Canada:
# Have the Parliament and Government of Canada exclusive legislative and executive authority for performing the obligations of Canada, or of any province thereof, under the Convention entitled ''Convention relating to the Regulation of Aerial Navigation''?
# Is legislation of the Parliament of Canada providing for the regulation and control of aeronautics generally within Canada, including flying operations carried on entirely within the limits of a province, necessary or proper for performing the obligations of Canada, or of any province thereof, under the Convention aforementioned, within the meaning of section 132 of the ''British North America Act, 1867''?
# Has the Parliament of Canada legislative authority to enact, in whole or in part, the provisions of section 4 of the ''Aeronautics Act'', chapter 3, ''Revised Statutes of Canada, 1927''?
# Has the Parliament of Canada legislative authority to sanction the making and enforcement, in whole or in part of the regulations contained in the ''Air Regulations, 1920'', respecting—
::(а) The granting of certificates or licences authorizing persons to act as pilots, navigators, engineers or inspectors of aircraft and the suspension or revocation of such licences;
::(b) The regulation, identification, inspection, certification, and licensing of all aircraft; and
::(c) The licensing, inspection and regulation of all aerodromes and air stations?

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Aeronautics Reference」の詳細全文を読む



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