MARITIME LAW |
Pilotage |
Navigation Madeleine Inc. v. Canada (Attorney General)
A-81-04
2005 FCA 10, Desjardins J.A.
14/1/05
14 pp.
Appeal from Federal Court's ([2004] 245 F.T.R. 88) dismissal of application for declaratory judgment filed by appellant--Defendant refusing to acknowledge vessel C.T.M.A. Vacancier ferry within meaning of Pilotage Act, Laurentian Pilotage Authority Regulations--Whether Vacancier ferry operating "in the passenger carrying trade on a regular schedule between two or more terminals" in accordance with Regulations, s. 4(3)(b)--If corresponding to that definition, ship exempt from compulsory pilotage--Act, s. 20 authorizing Authority to create compulsory pilotage areas, ships, classes of ships subject to compulsory pilotage, to prescribe circumstances under which compulsory pilotage may be waived--Ferries operating in passenger carrying trade on regular schedule between two or more terminals exempt from compulsory pilotage--Vacancier operating from May to December between ports of Montréal and Cap-aux-Meules, in Îles-de-la-Madeleine, with stops at Québec and Matane-- Received payment for doing so, operating on regular schedule --Vessel travelling in compulsory pilotage area about 76 times a year, along banks of St. Lawrence River--From Matane onwards, or from Des Escoumins, pilotage compulsory--Examples of legislation provided by appellant cannot be used as basis for interpreting word "ferry"--No constituting definition of word "ferry", and provisions suggested not uniform, but vary from one piece of legislation to another--In this case, scheme, object of Act, intention of Parliament not determining factors--Must accordingly look at wording of Regulations, s. 4(3)(b) to determine scope of exemption-- Words used to be given ordinary, grammatical sense--In English version, s. 4(3)(b) referring to "passenger carrying trade", thus movement of passengers--Automobiles, bicycles, baggage, etc. incidental to movement of persons-- Word "terminus" reflecting importance placed on movement of persons from one bank to other--Further, movement must take place on regular schedule--Word "ferry" meaning ship which, replacing road, provides communication over water between two points on land--Vacancier doing much more than providing service from Îles-de-la-Madeleine to mainland --Running along land on Gaspé coast to Matane, then stops at Québec before dropping anchor in Montréal--Thus not corresponding to usual meaning of word "ferry"--Appeal dismissed--Pilotage Act, R.S.C., 1985, c. P-14, s. 20-- Laurentian Pilotage Authority Regulations, C.R.C., c. 1268, s. 4 (as am. by SOR/97-565, s. 10; 2002-242, s. 2; 2002-346, s. 2).