[Amgine]

Thanks Rex Delay for the link! that let me follow up on a number of questions and ascertain that, indeed, the Nanaimo Port Authority is acting outside it's legal authority. The authority they cite is Canada Marine Act, S.C. 1998, c. 10, paragraph 56(1)(b), which references Traffic control zones, specifically "for the purpose of promoting safe and efficient navigation or environmental protection in the waters of the port".

In addition to the fact this applies to the anchorage, rather than the traffic zones, there's paragraph 49(1)(c) which is the proper authority in this case (fees.) I suspect, however, they chose not to use that authority because para. 50 prevents exactly such discrimination as this set of procedures and rules cause.

On the other hand, it would seem para. 61 (1), as regards the order and safety, would be a perfect fit to support this. Except, of course, nothing in the CMA provides a support for creating a permitting protocol which is discriminatory in nature.

The only reason I can find for using 56(1)(b) as authority, in fact, is it allows the Port Authority to create officers to enforce the rules. In fact, it can sell certifications to do so.

And those officers would have authority to accuse and convict landowners as well as boatowners, without recourse to court. If you don't believe me, read 58(1) and 58(2).