The amendment is drafted so as to require the making of regulations that would prohibit the deposit of raw sewage in waters under the jurisdiction of the port authority. While the waters may be under the proper federal constitutional jurisdiction, the question of who would be responsible for them is not specified here, and there's no regulatory authority using the language we discussed earlier about how the Governor in Council “may make regulations” to allow for that to be specified or for proper provisions to be in place to ensure that we know whose responsibility it is, who would enforce it, etc.
The constitutional jurisdiction may not be the issue so much as the wording of the amendment being rather limited in terms of what could be included in the regulations and the proper responsibility of the parties, or specifically the Department of Transport.