Port Security Affirmed as a Federally Regulated
Quebec Maritime Services Inc. provides security services to
the port of Malbaie. It, and its employee, were charged with having contravened
the provisions of the Private Security Act (“PSA”), a statute enacted by the
Quebec legislature, that required them to hold a licence to carry on a private
security activity. They fought that charge on the basis that they were
federally regulated such
that the PSA did not apply to them.
The Supreme Court of Canada agreed with that argument, stating
that:
As for the case involving QMS and F, the Court has held in
its jurisprudence that dockside unloading and storage operations are integral
to shipping. Even without any specific precedent in this regard, there is no
doubt that the security of marine facilities and their operations is at the
core of the federal navigation and shipping power under s. 91(10) of the
Constitution Act, 1867. QMS’s activities at the terminal — and by extension the
activities carried on by its employee, F — fall squarely within the core of
this exclusive federal power. The application of the PSA to QMS and F thus
constitutes an intrusion on the core of an exclusive head of power.
See more here: Opsis Airport Services Inc. v. Quebec
(Attorney General), 2025 SCC 17.