Federal Court


Respondent need not link fee to service in order to justify requiring applicants to pay fee

Application for judicial review challenging Gateway Infrastructure Fee imposed by Vancouver Fraser Port Authority on vessel owners in respect of containerized cargo. Application dismissed. Applicants had not established that Gateway Infrastructure Fee was not fair and reasonable. Fee sustainable under s. 49(1)(a) or (b) of Canada Marine Act. Respondent need not link fee to a service or benefit in order to justify requiring applicants to pay fee. Decision to levy fee against ship owner reasonable as ship is primary contact with port.

Shipping Federation of Canada v. Vancouver Fraser Port Authority

(Mar. 12, 2012, F.C., Phelan J., File No. T-953-11) 212 A.C.W.S. (3d) 3 (19 pp.).

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