[2012] 3 F.C.R. D-5
Maritime Law
Harbours
Judicial review of decision by Vancouver Fraser Port Authority (VFPA) to impose Gateway Infrastructure Fee (GIF) on vessel owners in respect of containerized cargo—GIF created to repay infrastructure projects under VFPA control, payable by owners of vessels in respect of containerized cargo, by owners of cargo in respect of non-containerized cargo—Applicants contending inter alia that GIF not just, reasonable as required by Canada Marine Act, S.C. 1998, c.10 (CMA), s. 49(3); constituting tax rather than user or regulatory fee; imposing undue administrative burden, costs not easily passed on to container owners benefiting from improved infrastructure; VFPA without jurisdiction to establish fee as against cargo ship owners—Applicants failing to establish that GIF not fair, reasonable—Falsely relying on administrative decisions taken under Pilotage Act, R.S.C., 1985, c. P-14, s. 33 in stating that GIF lawful only if direct link existing between fee charged, service provided or benefit received—CMA, s. 49 differently constituted, more expansive, less tied to services provided—No link between fees, services in CMA, ss. 49(1)(a),(b)—GIF therefore exigible against container ship owners by virtue of ss. 49(1)(a),(b)—No need for VFPA to link GIF to service or benefit to require container ship owners to pay fee—GIF not a tax—Regulation, operation of port authorities constituting national scheme for self-sufficient, independent, interrelated operations of ports—Users benefiting from regulation of ports—Regulatory scheme for operation of VFPA relevant to ships using VFPA’s port—Relationship existing between GIF, scheme for operation of port, efficient use of facilities, movement of goods through port—Application dismissed.
Shipping Federation of Canada v. Vancouver Fraser Port Authority (T-953-11, 2012 FC 301, Phelan J., judgment dated March 12, 2012, 18 pp.)