Transport Canada: The site in question is non-federal land held by the Vancouver Port Authorithy VPA, rather than the federal crown, and, as such, it is possible that provincial and municipal legislation applies to some extent. Whether there is an exemption depends on the nature of the specific activity and whether the activity is being conducted by the VPA or a private sector entity. If the VPA is conducting the activity, it depends on whether or not the VPA is acting as an agent of the crown in respect of the activity. It also depends on the nature of the use and the nature of the provincial or municipal legislation and its impact on the use.
Transport Canada is not aware of the VPA requesting a legal opinion on this issue, and while appropriate officials, including those of the Department of Justice have been consulted on this matter, the department has not requested an opinion on this issue.
The Federal Real Property and Immovables Act does not define “Other Real Property”, but the Canada Marine Act does permit theVPA to hold property other than federal real property , provided that property is set out in the VPA's letters patent. There are several provisions of the letters patent which suggest that the VPA is authorized to construct the proposed plant.