Société de transport maritime ace inc. v. Laurentian Pilotage Authority
T-1099-91
Dubé J.
30/7/93
10 pp.
Action to declare void and ultra vires s. 4(1) of Laurentian Pilotage Authority Regulations, by which ship N.M. Cicero subject to compulsory pilotage, to exempt vessel from compulsory pilotage in future and to obtain reimbursement of pilotage dues paid from July 29, 1990 to date of final judgment-S. 4(1) imposes compulsory pilotage on ships registered in Canada and operating within district No. 2 with over 2,000 registered tons -- As result of new measurement increasing tonnage of N.M. Cicero to 7,254.76 tons, Authority reimposed compulsory pilotage on ship for district No. 2 -- Clause challenged by plaintiff Oceanex not limited to registration -- Criteria associated with physical characteristics of ships, such as length and tonnage, cannot be dissociated from concept of navigational safety -- Fact no incident occurred when N.M. Cicero not subject to compulsory pilotage in district No. 2 does not mean Regulations unreasonable or arbitrary -- S. 4(1) valid and consistent with powers conferred on authority by legislation -- Action dismissed-Laurentian Pilotage Authority Regulations, C.R.C., c. 1268, s. 4(1).