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ARTICLE · 04 JULY 2025

Federally Regulated Industries: The SCC Reaffirms And Clarifies The Interjurisdictional Immunity Doctrine

Borden Ladner Gervais LLP
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The Supreme Court of Canada (SCC) recently rendered a unanimous and consequential judgment in Opsis Airport Services Inc. v. Québec (Attorney General)1 that refined the doctrine of interjurisdictional...

CanadaLitigation, Mediation & Arbitration
Nadia Effendi
Nadia Effendi
Julien Boudreault
Julien Boudreault
Guillaume Chabaud-Proulx
Guillaume Chabaud-Proulx
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The Supreme Court of Canada (SCC) recently rendered a unanimous and consequential judgment in Opsis Airport Services Inc. v. Québec (Attorney General)1 that refined the doctrine of interjurisdictional immunity (IJI) while confirming its continued relevance in protecting core federal legislative powers. This decision holds important lessons for federally regulated entities, in areas like aeronautics and interprovincial or international transportation, that seek to determine whether provincial regulatory regimes apply to them.

BLG acted for an intervener in this significant appeal on the constitutional division of powers.

Background

Opsis Airport Services Inc. (Opsis), a federally regulated enterprise, provides airport security services at aerodromes across Canada. After being charged for failing to obtain a permit under the Québec's Private Security Act (PSA),2 it challenged the applicability of the legislative scheme by relying on IJI,3 arguing that the PSA

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