What I think I can offer in this regard is.... Looking at NDP-16, it says, “for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.” The intent of the ministerial order is not to be invoked in any of those scenarios. First of all, the order can only be issued to a Canada port authority or a person in charge of a port facility. The order power would not enable the minister to compel a striking labour group to return to work.
I would offer this, as well: Because this is under the CMA, the purpose is more related to shipping and navigation within navigable waters. A CPA is a natural harbour. I would offer that the relevance as it relates to a strike or lockout doesn't apply under the CMA. It was never the intent for this to apply in any sort of labour situation.