The appellants challenged the validity of the Pacific Pilotage Regulations, specifically provisions that conditioned exemptions and waivers from compulsory pilotage on a ship being registered in Canada or the United States.
The Supreme Court of Canada held that the regulations were not invalid due to conflict of interest or bias.
However, the Court found that conditioning exemptions on a ship's flag was not relevant to safety and was therefore ultra vires the Authority's regulation-making power under the Pilotage Act.
The Court concluded that the invalid words relating to ship registration could be severed from the rest of the regulations.
