British Columbia Ferry and Marine Workers’ Union v. Canada (Transport)

BC Ferries, Canada's largest ferry operator, received two new Island Class ferries as part of its fleet renewal program. They applied for Safe Manning Documents (SMDs) and proposed different crew levels for passenger capacity. Transport Canada issued SMDs with slightly higher crew levels than proposed. BC Ferries later applied for a new SMD, proposing a crew of five for up to 150 passengers due to automation and advanced technology. Transport Canada approved the application, stating it met safety standards. The union representing crew members sought a judicial review, but the court dismissed the application. BC Ferries voluntarily developed a Safety Management System (SMS) in compliance with international standards. Transport Canada revised its methodology for determining crew levels and adopted a new MSM assessment process. The process considered vessel-specific information and no longer required live on-board drills. BC Ferries used Application Form A, highlighting the vessels' advanced features and automation. Transport Canada assessed the applications using a matrix and determined the MSM levels. The court upheld Transport Canada's decision, stating it was reasonable, and that the applicant must pay $5,000 in costs to each respondent.