Applicants challenged environmental charges under the Ontario Environmental Protection Act, arguing that provincial environmental legislation should not apply to stevedoring activities on federal Crown property at the St. Lawrence Seaway.
The applicants invoked doctrines of interjurisdictional immunity and federal paramountcy, contending that the provincial provisions impaired federal jurisdiction over navigation and shipping and frustrated the purposes of the Canada Marine Act and Seaway Property Regulations.
The court dismissed the application, finding that neither doctrine applied.
The court held that stevedoring is integral to shipping but that environmental protection requirements do not impair the core federal power.
The court also found that provincial and federal environmental regimes can operate harmoniously without conflict.
