Canadian Shipowners Ass. v. Canada
T-1864-94
Noël J.
26/10/95
15 pp.
Application for judicial review of Order in Council issued by Governor in Council pursuant to National Transportation Act, 1987 (Transportation Act), s. 64 to vary decision of National Transportation Agency denying pilotage tariff increase proposed by Laurentian Pilotage Authority (LPA)-Order in Council increased pilotage charges of LPA by 8.9 percent-Application for judicial review dismissed-Jurisdiction in Governor in Council under Transportation Act, s. 64 to rescind or vary decision made by NTA under Pilotage Act, ss. 34 and 35-Parliament did not indicate intention to limit scope of s. 64 only to decisions made under Transportation Act-Procedure followed by Governor in Council herein not infringing applicants' constitutional rights-Governor in Council's power of review, when taken together with power authorizing him to approve or reject any change in tariff, meaning power over rates exercised by him clearly legislative, not giving rise to duty to observe procedural fairness-Increase not unfair, unreasonable or prejudicial to public interest and so not unlawful, since Governor in Council having complete discretion so long as observes limits placed on jurisdiction by s. 64(1)-Finally, action moot as applicants failed to dispute tariff scheme (which awarded increase) approved by Governor in Council in second Order-Pilotage Act, R.S.C., 1985, c. P-14, ss. 3 (as am. by R.S.C., 1985 (4th Supp.), c. 1, s. 44,), 33, 34 (as am. by R.S.C., 1985 (3rd Supp.), c. 28, ss. 307, 359), 35-National Transportation Act, 1987, R.S.C., 1985 (3rd Supp.), c. 28, ss. 2, 64.