What is the test for discriminatory provisions in municipal by-laws?
Alberta, Canada
The following excerpt is from 698114 Alberta Ltd. v. Banff (Town of), 2000 ABCA 237 (CanLII):
The principle was stated by Beetz, J. in Montreal v. Arcade Amusements Inc., supra, at (M.P.L.R.) 254: The rule that the power to make by-laws does not include that of enacting discriminatory provisions unless the enabling legislation provides the contrary has been observed from time immemorial in British and Canadian public law. It has been and still is applied in municipal law.
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