The National Battlefields Commission, a federal entity, provided a free sightseeing bus service in the Plains of Abraham Park using independent carriers who did not hold provincial transport permits.
The respondent sought a declaration that the carriers required permits under the Quebec Transport Act.
The Supreme Court of Canada held that the provincial permit system was constitutionally inapplicable to the federal service because it would subject vital and essential aspects of the federal undertaking to provincial discretionary control.
The appeal was allowed.
