Decision No. 64-W-1993

February 3, 1993

February 3, 1993

IN THE MATTER of Decision No. 466-W-1992 dated July 22, l992 of the National Transportation Agency which denied an application by John R. Inglis carrying on business as Lake Athabasca Transport for a licence to provide a resupply service for the transport of goods on an unscheduled basis, serving Fort Chipewyan, Fort Fitzgerald, Moose Island Landing, Fort Mackay (Shell Landing) and any ports on the Athabasca River, Slave River and Peace River, Alberta using one tug and two barges having a gross register tonnage of 277.46 tons; and

IN THE MATTER of P.C. Order 1992-2582 dated December 10, 1992 which rescinded the National Transportation Agency Decision No. 466-W-1992 dated July 22, 1992 and ordered the National Transportation Agency to issue to John R. Inglis carrying on business as Lake Athabasca Transport a marine resupply licence commencing at the start of the 1993 navigation season.

File No. M4255/L9-1

Docket No. 930012M


On March 18, 1992, John R. Inglis carrying on business as Lake Athabasca Transport (hereinafter the applicant) applied to the National Transportation Agency for a licence to operate the service set out in the title.

By Decision No. 466-W-1992 dated July 22, 1992, the Agency denied the application by the applicant for a licence to provide a resupply service for the transport of goods on an unscheduled basis serving Fort Chipewyan, Fort Fitzgerald, Moose Island Landing, Fort Mackay (Shell Landing) and any ports on the Athabasca River, Slave River and Peace River, Alberta, using one tug and two barges having a gross register tonnage of 277.46 tons.

The applicant petitioned the Governor in Council to rescind, pursuant to section 64 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), Decision No. 466-W-1992 dated July 22, 1992 wherein the Agency denied its application for a marine resupply licence.

By P.C. Order 1992-2582 dated December 10, 1992, His Excellency the Governor in Council, on the recommendation of the Minister of Transport, pursuant to section 64 of the NTA, 1987, rescinded Decision No. 466-W-1992 dated July 22, 1992 and ordered the Agency to issue to the applicant a two year marine resupply licence commencing at the start of the 1993 navigation season.

Acting upon the direction of the Governor in Council, the Agency shall, pursuant to the provisions of the NTA, 1987, and more particularly section 212 thereof, issue a licence to John R. Inglis carrying on business as Lake Athabasca Transport to provide a resupply service for the transport of goods on an unscheduled basis serving Fort Chipewyan, Fort Fitzgerald, Moose Island Landing, Fort Mackay (Shell Landing) and any ports on the Athabasca River, Slave River and Peace River, Alberta using one tug and two barges having a gross register tonnage of 277.46 tons.

The Agency is of the opinion that the licence to be issued should be subject to the following conditions, respecting the quality and efficiency of resupply services that must be provided by the applicant:

The Licensee shall make available, at all times, for inspection by the Agency, or its representatives, any information respecting each and every shipment by origin and destination.

The Licensee is required to notify the Agency, in writing, ten (10) days prior to the coming into effect of any cancellation or material alteration in the insurance policies relating to its resupply service.

This licence expires December 31, 1994.

In addition, since there is no year round service being provided for the transport of goods by land to the communities of Fort Chipewyan, Fort Fitzgerald and Moose Island Landing, Alberta, the licence will be subject to the following additional condition:

The Licensee shall notify the Agency, in writing, one hundred and twenty (120) days prior to ceasing to provide the licensed resupply service to Fort Chipewyan, Fort Fitzgerald and Moose Island Landing, Alberta.

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