Agency Rulings

Order No. 1992-W-272

August 3, 1992

IN THE MATTER OF illegal operations by John R. Inglis carrying on business as Lake Athabasca Transport.

File No. M4255-L1

WHEREAS a complaint was filed with the National Transportation Agency (hereinafter the Agency) by A. Frame Contracting Ltd. alleging that John R. Inglis carrying on business as Lake Athabasca Transport (hereinafter Lake Athabasca) was transporting marine resupply goods without the benefit of holding a Northern Marine Resupply licence, as required by section 211 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.);

AND WHEREAS by letter dated June 16, 1992, Lake Athabasca was required to reply to the allegations of the complainant within ten (10) days from the date of receipt of the letter and to show cause, within that same period, why the Agency should not issue a Cease and Desist Order enjoining it from continuing such operations;

AND WHEREAS by letter dated June 25, 1992, John R. Inglis replied to the allegations of the complainant stating that the goods were substantially his own and that he did not invoice or receive remuneration for the transportation of this cargo. Mr. Inglis requested that this matter be put on hold until the Agency renders a Decision on his application for a resupply licence;

AND WHEREAS the investigation was referred to the Royal Canadian Mounted Police, who have confirmed the veracity of the original allegations made by A. Frame Contracting Ltd.;

AND WHEREAS Lake Athabasca is presently before the Alberta Provincial Judges Court on charges of operating an unlicensed marine resupply service to communities on the Athabasca system during 1991, and the case has been remanded to October 1, 1992;

AND WHEREAS charges are also pending against Lake Athabasca for its unlicensed operations in the current shipping season;

AND WHEREAS the Agency has considered the matter and is of the opinion that Lake Athabasca is in fact transporting marine resupply goods without the benefit of holding a Northern marine resupply licence. Lake Athabasca should be required to cease and desist operating any resupply services for which it is not licensed.

NOW THEREFORE, IT IS ORDERED THAT:

John R. Inglis carrying on business as Lake Athabasca Transport is hereby required to immediately cease and desist operating any resupply services for which it is not licensed.