Bice v. Council of the Mississaugas of the New Credit
T-1410-96
Jerome A.C.J.
25/3/98
9 pp.
Application for judicial review of decision denying applicant permission to establish gas station on Indian reserve-Applicant purchasing parcel of land on reserve in order to construct gasoline station to sell gasoline products to public-Although denied permission to build gasoline station, applicant installed gasoline tanks, poured concrete kiosk-On February 9, 1996, respondent approved zoning by-law passed under Indian Act prohibiting operation of gasoline station on land-Respondent conceding gas bar began construction before by-law passed-Gas bar currently in contravention of terms of by-law-Although applicant does not own land, actions directly in issue-"Matter" in issue applicant's use of land-Applicant directly affected by it, should be entitled to seek relief-Main issue whether applicant had established legal non-conforming use before by-law came into effect-Provincial laws apply to Aboriginals, Aboriginal lands unless they fall under exceptions carved out in case law-Pith and substance of Gasoline Handling Act safe handling of gasoline-Gasoline Handling Act law of general application concerned with safety in handling of gasoline, should apply on Indian reserve-No evidence applicant had received certification for any of other requirements under Gasoline Handling Act-Record devoid of evidence of inspections-Applicant has not met evidentiary burden required to prove existence of non-conforming use which would exempt him from application of by-law-Application dismissed-Indian Act, R.S.C., 1985, c. I-5-Gasoline Handling Act, R.S.O. 1990, c. G.4.