2003 Canadian Transportation Agency Guidelines Respecting Coasting Trade Licence Applications

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PART 1 INTRODUCTION

1.1 The Canadian Transportation Agency's Mandate

The primary intent of the Coasting Trade Act is to protect the interests of operators of Canadian registered ships while allowing access to foreign ships when suitable Canadian registered ships are not available. Under the Act, the Minister of Public Safety cannot issue a coasting trade licence authorizing a foreign ship or a non-duty paid ship to conduct a commercial activity in Canadian waters unless the Canadian Transportation Agency (Agency) has determined that no suitable Canadian ship or non-duty paid ship, where applicable, is available to perform the activity described in the application. If the coasting trade licence application is for the transportation of passengers, the Coasting Trade Act requires the Agency to also determine whether an identical or similar adequate marine service is offered. The provisions of the Coasting Trade Act relevant to the Agency's mandate, including some definitions, are attached as Appendix A.

1.2 Background on the Agency's Process for Coasting Trade Licence Applications

Applications for Vessel Temporary Admission to the Coasting Trade of Canada (applications) are filed simultaneously with the Canada Border Services Agency (CBSA) and the Agency using the CBSA C-47 form attached as Appendix B (48.0 Kb) (help on Adobe PDF files). Determinations of the Agency pursuant to the Coasting Trade Act are provided to the Minister of Public Safety for any necessary action under the Coasting Trade Act. An Agency Decision does not constitute an authority to commence operations in respect of the service for which the application has been made with the Minister of Public Safety. The licence issued by the Minister will constitute the authority.

While the Coasting Trade Act does not prescribe an advance notice time period for the submission of applications to the Agency or any other deadlines related to the pleadings in the application, the Agency's predecessor, the National Transportation Agency, issued on February 26, 1993 a notice entitled Notice to Persons Seeking Licences pursuant to the Coasting Trade Act informing the industry of the process for the consideration of applications. The notice stated that applications should be filed a minimum of 10 days in advance of the proposed start of the coasting trade activity but did not prescribe time limits for pleadings and did not provide a fast track process for urgent situations. Consequently, the content of the notice created confusion as to both the Agency process and the parties' responsibilities during the proceedings. The February 26, 1993 notice is being replaced by the present guidelines.

In the event of conflict between the Agency guidelines and the legislation, the latter shall prevail.

1.3 The Purpose of the Agency Guidelines

The present guidelines are intended to clarify the role and responsibilities of parties involved in the application process before the Agency, and to provide options for processing different types of applications. These guidelines also clarify the Agency's legislative mandate and administrative obligations and describe the information required by the Agency to make a determination pursuant to the Coasting Trade Act.

1.4 The Legislation

The Agency's mandate with respect to coasting trade licence applications is established by section 8 of the Coasting Trade Act. Subject to the Agency's determination as to whether a Canadian registered ship is suitable and available and, for the transportation of passengers, as to whether an identical or similar adequate marine service is available from any person operating one or more Canadian ships, CBSA issues the coasting trade licence required for the temporary importation of a foreign ship. Transport Canada is responsible for policy issues such as the determination of what activities require a coasting trade licence, and for the enforcement of this legislation.

Pursuant to section 9 of the Coasting Trade Act, the Agency may request from an applicant or from the owner of an offered Canadian ship such information and documentation as deemed necessary by the Agency. This provision takes precedence over the guidelines.

The temporary importation of a foreign ship to work in Canada also implies abiding by other legislation and requirements of other government departments such as Human Resources and Skills Development Canada and Citizenship and Immigration Canada for working visas for foreign crews, and Transport Canada for ship safety.

PART 2 ADVANCE NOTICE OF APPLICATION

2.1 General

Applications of a general and speculative nature are not encouraged in that they normally do not provide sufficient information to enable the Agency to determine whether a suitable Canadian registered ship is available to offer the service or perform the activity described in the application.

While applications should be filed with the Agency as early as possible prior to the start of the proposed service or activity, the present guidelines provide various minimum time periods for advance notice, depending on the nature or urgency of the activity.

2.2 Advance Notice

All time periods are in business days and, in all cases, the name of the proposed foreign ship may or may not be known.

30 days: For non-urgent, long-term services or activities, including, but not limited to, multi-trips or yearly operation. These applications are normally for pre-planned services or activities where specific dates and/or locations are known in advance and include activities related to offshore resource exploration and development, dredging, or passenger services such as sightseeing, cruises or tall ships.
15 days: For non-urgent, shorter term services or activities, including, but not limited to, single-trips, isolated or non-repetitive operations, including activities and services such as those described above. The 15-day notice is normally for pre-planned services or activities where dates and location are known in advance.
8 days: For the operation of oil tankers only.
Fast track:

This process only applies to urgent services or activities that cannot be accommodated under any of the above notices. Among others, it includes emergency situations other than those covered under section 3 of the Coasting Trade Act and other circumstances beyond the control of the applicant.

The fast track process may be used for unforeseen short-term commercial opportunities where the economic consequences would have a negative impact on a business or a community.

The above-noted advance notice periods are with respect to the Agency process only and do not take into account time constraints that may be imposed by other government departments or agencies.

PART 3 PLEADINGS

3.1 Conduct of Pleadings

Following the receipt of an application, a Notice of Coasting Trade Licence Application (Notice of Application) is issued requesting operators of Canadian registered ships identified by the Agency search in its data base[1] to advise, within the time frames provided, whether they have a suitable ship available to provide the service or perform the activity described in an application, and in the case of passenger ships, whether an identical or similar adequate marine service is offered.

Where no objections or offers are received, the Agency determines that there is no suitable Canadian registered ship available and issues its decision as quickly as possible.

Objections and offers of Canadian registered ships filed with the Agency need to be simultaneously copied by the party filing the offer to the applicant for comments within the deadline prescribed in the Agency's notice of application. Any comments submitted by the applicant then need to be copied to the operator of the Canadian registered ship for reply, if any, within the deadline established in the Agency's notice of application.

Following its consideration of the information submitted by the interested parties in the application, the Agency determines whether the offered ship(s) is(are) suitable and available to provide the service or perform the activity described in the application, and in the case of passenger ships, whether an identical or similar adequate marine service is offered. The Agency will make its determination on the basis of the evidence submitted within the context of the application.

The length of time required for the pleadings and the Agency decision is normally related to whether a Canadian registered ship has been offered and to the supporting information submitted by each of the parties during the pleadings. The Agency needs sufficient time to assess the evidence submitted and its determination may be delayed if the Agency needs to request additional information from the parties.

With respect to the fast track processing of urgent applications related to a sudden and unforeseen short-term commercial opportunity, the applicant must obtain a list of potential operators of Canadian registered ships from the Agency and conduct its own search by contacting the operators identified on the list. Further, the applicant must ask the contacted parties to advise the Agency by fax or e-mail whether they can offer a Canadian registered ship or not. With respect to all other urgent applications, the Agency will perform the data base search to establish the list and will contact the operators. An urgent application can be processed in the fast track in a day or less if no suitable Canadian registered ship is available to perform the activity or provide the service described in the application. However, if an offer for such a ship is filed, the fast track process may no longer be feasible.

3.2 Time Limits

The time periods, in business days, allowed for the pleadings related to each application process are as follows:

Advance notice:30 days15 days8 daysFast track

1st answer from respondent
(offer, if any):

8 days 3 days 2 days *
Applicant's (comments): 5 days 3 days 2 days *

2nd answer from respondent (reply):

2 days 1 day 1 day *

* Fast track time limits will be assessed on a case-by-case basis.

Note: The above time periods and the timing of the Agency's decision are subject to the nature of the issues raised during the pleadings.

3.3 Content of Pleadings

Under section 9 of the Coasting Trade Act, the Agency, in making its determination on an application, may request any information and documentation related to an application from the applicant and from the operator of an offered Canadian registered ship, as deemed necessary. However, it is suggested that the parties readily bring forward all pertinent information.

3.3.1 Applications

As required by the Coasting Trade Act, applications must be signed by a Canadian resident. As the onus is on the applicant to justify the need to import a foreign ship, the application must clearly state all the relevant facts and circumstances and the grounds for the application. The application must provide comprehensive justification as to why a foreign ship must be imported to perform the proposed activity or provide the proposed service. When applicable, the justification should focus mainly on the nature of the proposed service or activity and include, but not be limited to the following information:

  • a detailed description of the activity or service identified in the application;

  • the type of ship required, size, capability and any other specifications that are pertinent to the proposed activity or service;

  • reasons for the proposed dates and why they cannot be changed, if applicable;

  • identify operators of Canadian registered ships who have been contacted before the filing of the application;

  • why the applicant determined that there was no alternative but to import the foreign ship identified in the application;

  • any other relevant information supporting the application.

3.3.2 Offers, Objections, and Related Pleadings

Each party is responsible for presenting its case and making all pertinent arguments in its pleadings, as the Agency bases its decision on the information provided.

The party filing an offer in answer to an application must provide factual information and specifics with respect to the offered ship(s) or the service available. Such offer should include the following information:

  • name, description and specifications of the offered ship(s), including type, size, capacity, capability, on-board equipment, and any other relevant information justifying the offer;

  • how is(are) the ship(s) going to perform the activity or provide the service described in the application;

  • availability of the offered ship(s) with respect to the time period identified in the application, or its opinion with respect to another period when the activity could be performed;

  • in the case of an objection, all pertinent information on the deemed identical or similar adequate marine service.

When an offer for a Canadian registered ship is filed in response to an application, the onus is on the applicant to demonstrate that the ship offered is not suitable and/or not available for the activity proposed in the application.

3.4 Suitability, Availability, Identical or Similar Adequate Marine Service

The Coasting Trade Act does not define the terms "suitable", "available", or "identical or similar adequate marine service." Therefore, the Agency's consideration of applications is based on the merits of each application, including the offer and related pleadings as there are no unique criteria or standards to determine whether a Canadian registered ship is suitable and available or, in the case of passenger services, whether there is an identical or similar adequate marine service available. Subject to the nature of the proposed service or activity described in an application, the Agency takes into consideration various factors to determine whether an offered Canadian ship or non-duty paid ship is suitable and available to perform the service or activity. The factors to be considered may vary substantially between an application for a planned, long-term survey or resupply activity and an application for a short-term urgent activity. A summary of examples of Decisions where these factors were considered by the Agency is included under Appendix C. The complete Decisions as well as other Agency rulings with respect to coasting trade licence applications are listed in the Agency's Web site: www.cta.gc.ca.

3.4.1 Suitability

The Coasting Trade Act does not state that an offered Canadian registered ship must be identical to the foreign ship proposed in an application. The suitability of the Canadian registered ship is not assessed in relation to the foreign ship but rather in relation to the requirements of the activity and to whether the Canadian registered ship is capable of performing the activity. The assessing factors may include:

  1. technical suitability - technical characteristics of the ship and equipment;
  2. b) operational and commercial suitability - the operational and/or economic implications of using the foreign ship versus the Canadian ship offered.

With respect to operational and commercial suitability, the operation of Canadian registered and crewed ships implies costs and operating conditions that are not applicable to foreign ships and the onus is on the applicant to demonstrate the impact of using a Canadian ship on the viability of the project.

The Agency will only consider the suitability factors in (a) and (b) if they have been raised and substantiated during the pleadings.

3.4.2 Availability

The legislation does not state that an offered Canadian registered ship must be available on the dates stipulated in an application. A number of decisions have been issued where the Agency determined that the time period during which a proposed activity could take place could be reasonably flexible without affecting the parties' interests. Therefore, the Agency may use the following factors to determine availability:

  1. a) why the dates stipulated in the application are crucial and why alternatives could not be considered;
  2. b) the capability of the offered ship to be at the required site on time;
  3. c) location of the offered ship and repositioning delay.

3.4.3 Identical or Similar Adequate Marine Services

With respect to passenger services, and in addition to the suitability and availability test above, the Coasting Trade Act also requires the Agency to determine whether an identical or similar adequate marine service exists, using one or more Canadian registered ships. As for other types of applications, the Agency considers each application for passenger services on its own merit.

3.5 Deadline for Decisions

While the Agency is aware of the importance of the timing of coasting trade activities and is committed to processing such applications in a timely manner, there may be a few instances where, because of the complexity and/or controversial nature of an application, the Agency may take a 120-day time period to make a determination. Further, parties are reminded to submit clear and detailed information with respect to an application or the offer of a Canadian registered ship in order to minimize the length of the proceedings.

PART 4 GENERAL INFORMATION

4.1 Withdrawal or Modification of an Application or an Offer

An applicant may withdraw an application at any time before an Agency decision is issued which will terminate the Agency's processing of the file. Similarly, an offer of a Canadian ship may be withdrawn at any time before an Agency decision is issued.

Modifications to applications or offers are acceptable under certain circumstances provided the changes do not significantly alter the nature of the application or offer.

For example, modifications to applications or offers may be considered for the following elements:

  • nature of the proposed activity;

  • type of ship, characteristics, equipment;

  • area where the proposed activity will be performed;

  • starting/ending dates of the proposed activity;

  • dates of availability of the offered ship.

In all cases, the Agency would have to consider the proposed modifications to an application or offer and decide whether the changes are acceptable or whether a new application and Notice of Application are required.

4.2 Appeal and Review of Agency Decisions

Should a party disagree with an Agency decision, three avenues are open to contest the decision:

4.2.1 Under section 32 of the Canada Transportation Act, the Agency may review, rescind or vary any decision made by it or may re-hear any application before deciding it only if, in its opinion, there has been a change in the facts or circumstances pertaining to the decision. It should be noted that even though this may be done at anytime, the issue could be moot if a coasting trade licence has already been issued as the licence would not be revoked as a result of a review of an Agency decision. However, if there is an application for review of an Agency decision after the letter of authorization from the CBSA has been issued, but before a licence has been issued, the issuance of a licence could be suspended if the Agency decides that there are circumstances that justify the review of its decision.

4.2.2 Under section 40 of the Canada Transportation Act, a party can petition the Governor in Council to vary or rescind any decision made by the Agency.

4.2.3 Under section 41 of the Canada Transportation Act, a party can apply to the Federal Court of Appeal within 30 days of the issuance of an Agency decision for leave to appeal the decision on a question of law or jurisdiction.

4.3 The Agency's General Rules

The Agency's General Rules (Rules) contain provisions respecting practices and procedures followed in respect of proceedings before the Agency. Some provisions of these Rules are applicable to the coasting trade licence application process and may take precedence over any guidelines.

4.3.1 Confidentiality

All information filed with the Agency is normally placed on the public record. However, Section 23 of the Rules provides for the filing of confidential information and it explains the procedure to be followed for filing such information.

4.3.2 Extending or Abridging Time Limits

Section 5 of the Rules provides that the Agency may extend or abridge the time limits in any proceedings.

4.3.3 Oral Hearing

Part 3 of the Rules provides that the Agency may hold an oral hearing of the parties if it is deemed necessary.

4.4 Official Languages

Written information may be submitted in either official language.

4.5 Agency Web site

The Agency's Web site www.cta.gc.ca contains information related to the Agency's legislative mandate with respect to marine transportation, including coasting trade, as well as useful links to other legislation pertinent to the present guidelines, such as the Canada Transportation Act, the Canada Marine Act or the Agency's General Rules.

Agency's decisions and orders with respect to coasting trade licence applications are listed by year and by month in the "Rulings" part of the Web site. For ease of reference, the marine decisions are numbered chronologically and are identified by the letter W, e.g. No. 14-W-2003. As well, an Agency Decision can be found by using the search box and entering key words related to the Decision, e.g. name of applicant, proposed foreign ship, or nature of the proposed coasting trade activity.

4.6 Agency Contact Information

Any written information pertinent to the Agency consideration of a coasting trade licence application and its determination under the Coasting Trade Act must be sent by mail, fax, e-mail, or in person to:

General Information:
Tel.: 1-888-222-2592
Fax: 819-997-6727
TTY: 1-800-669-5575
E-mail: info@otc-cta.gc.ca

Postal:
Canadian Transportation Agency
Ottawa, Ontario
K1A 0N9

Office:
Canadian Transportation Agency
15 Eddy Street
Gatineau, Quebec
J8X 4B3

4.7 Other Departments Contact Information

Transport Canada

General Information:
E-mail: Questions@tc.gc.ca
Phone: 613-990-2309
TTY:1-888-675-6863
Fax: 613-954-4731 / 613-998-8620

Postal:
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5

Canada Border Services Agency

Carrier and Cargo Policy Section
150 Isabella Street, 4th Floor
Ottawa, Ontario
K1A 0L8

Telephone: 866-714-3231
Fax: 613-957-9717

Citizenship and Immigration Canada

Follow this link for information on how to contact Citizenship and Immigration Canada.


1 The Agency marine data base, which includes a compilation of Canadian registered ships, is an essential component of the processing of coasting trade applications and is continuously updated. In this regard, operators of Canadian registered ships are encouraged to notify the Agency of any changes to their fleet.


Appendix A - Coasting Trade Act Provisions establishing the Mandate of the Canadian Transportation Agency

Definitions

"Act" means the Coasting Trade Act

"Agency" means the Canadian Transportation Agency

"Canadian ship" means a ship

(a) registered under Part I of the Canada Shipping Act and in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid, or

(b) built in Canada and not required or entitled to be registered under Part I of the Canada Shipping Act;

"foreign ship" means a ship other than a Canadian ship or a non-duty paid ship;

"licence" means a document, issued pursuant to this Act, authorizing a foreign ship or a non-duty paid ship to engage in the coasting trade while in Canadian waters or in waters above the continental shelf of Canada;

"non-duty paid ship" means a ship registered in Canada in respect of which any duties and taxes under the Customs Tariff and the Excise Tax Act have not been paid;

Provisions

(Emphasis added)

3. (1) Subject to subsections (2) to (5), no foreign ship or non-duty paid ship shall, except under and in accordance with a licence, engage in the coasting trade

(2) Subsection (1) does not apply in respect of any foreign ship or non-duty paid ship that is

(a) used as a fishing vessel, as defined by the Coastal Fisheries Protection Act, in any activity governed by that Act and that does not carry any goods or passengers other than goods or passengers incidental to any activity governed by that Act;

(b) engaged in any ocean research activity commissioned by the Department of Fisheries and Oceans;

(c) operated or sponsored by a foreign government that has sought and received the consent of the Minister of Foreign Affairs to conduct marine scientific research;

(d) engaged in salvage operations, except where such operations are performed in Canadian waters; or

(e) engaged, with the approval of a pollution prevention officer, within the meaning of section 661 of the Canada Shipping Act, in activities related to a marine pollution emergency, or to a risk thereof.

(3) Nothing in this section precludes a foreign ship or a non-duty paid ship from rendering assistance to persons, ships or aircraft in danger or distress in Canadian waters.

(4) Subsection (1) does not apply in respect of operations permitted by the United States Wreckers Act.

(5) Subsection (1) does not apply to any ship that is owned by the Government of the United States and used for the sole purpose of transporting goods of Canadian or United States origin owned by the Government of the United States to supplyDistant Early Warning Sites.

4. (1) Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a foreign ship, the Minister of National Revenue shall issue a licence in respect of the foreign ship, where the Minister is satisfied that

(a) the Agency has determined that no Canadian ship or non-duty paid ship is suitable and available to provide the service or perform the activity described in the application;

(b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships;

(c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the foreign ship in relation to its temporary use in Canada;

(d) all certificates and documents relating to the foreign ship issued pursuant to shipping conventions to which Canada is a party are valid and in force; and

(e) the foreign ship meets all safety and pollution prevention requirements imposed by any law of Canada applicable to that foreign ship.

(2) For greater certainty, the issuance of a licence pursuant to subsection (1) does not affect the application of any law of Canada that imposes safety or pollution prevention requirements in respect of ships.

5. Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a non-duty paid ship, the Minister of National Revenue shall issue a licence in respect of the non-duty paid ship, where the Minister is satisfied that

(a) the Agency has determined that no Canadian ship is suitable and available to provide the service or perform the activity described in the application;

(b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships; and

(c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the non-duty paid ship in relation to its temporary use in Canada.

.................................................

8. (1) In relation to an application for a licence, the Agency shall make the determinations referred to in paragraphs 4(1)(a) and (b) and 5(a) and (b).

(2) The Governor in Council may make regulations prescribing the criteria to be applied by the Agency for the making of the determinations referred to in subsection (1).

9. In making a determination referred to in subsection 8(1), the Agency may request from the applicant for the licence to which the determination relates, and from the owner of any Canadian ship or non-duty ship to which the determination relates, such information and documentation as the Agency deems necessary.

10. In order to carry out its function under this Act the Agency may collect information and keep records concerning the characteristics and uses of Canadian ships and non-duty paid ships.

.................................................

18. No person shall knowingly make a false or misleading statement, either orally or in writing, as the case may be,

(a) in an application for a licence;

(b) to the Agency pursuant to a request under section 9; or

(c) to an enforcement officer while the enforcement officer is engaged in carrying out that enforcement officer's duties and functions under this Act.


Appendix B - Application for Vessel Temporary Admission to the Coasting Trade of Canada


Appendix C - Examples of Decisions on Suitability, Availability, and Identical or Similar Adequate Marine Service

The following is a summary of some of the Agency's key decisions pertaining to coasting trade licence applications. Interested persons are encouraged to consult the full text of the decisions on the Agency's Web site at www.cta.gc.ca under "Rulings." You may also obtain a copy of the decisions by contacting the Agency by phone at 1-888-222-2592, by fax at 819-997-6727 or electronically at info@otc-cta.gc.ca.

Suitability and Availability

Decision No. 447-W-2001 - Application for a foreign registered seismic research vessel to conduct 2-D seismic survey on the east coast of Canada from June 30, 2001 to November 30, 2001. In response to an offer filed for a Canadian vessel, the applicant submitted that the Canadian vessel was not technically suitable and that it would not be available for the proposed dates of the activity. The Agency found that the offered Canadian vessel was technically suitable and that it is not required that an offered Canadian vessel be identical to the proposed foreign vessel. With respect to availability, the Agency ruled that the applicant had failed to provide evidence substantiating its claim that the offered Canadian vessel was not available at the dates of the proposed activity. In light of the above, the Agency determined that there was a suitable Canadian vessel available to perform the activity.

Availability

Decision No. 250-W-2001 - Application to import a foreign vessel to conduct 2-D seismic survey off the east coast of Canada from April 16 to August 20, 2001. A Canadian vessel was offered to perform the activity starting on or about May 25, 2001. The Agency found the time period set in the application not crucial and that the proposed activity could be performed by a Canadian vessel at another date. The Agency therefore determined that a suitable Canadian vessel was available to perform the activity.

Decision No. 500-W-2002 - Application to import a foreign vessel to conduct maintenance dredging activities at the Iles-de-la-Madeleine, Quebec from July 15 to September 30, 2002. A Canadian vessel was offered to perform part of the activity from September 15 to October 31, 2002. The Agency considered the arguments of both parties and determined that the specific dredging activities could be performed during the period of August 5 to October 31, 2002 and that a suitable Canadian vessel was available during part of that period to perform the activity.

Technical Suitability

Decision No. 298-W-2002 - Application to import a foreign registered vessel to conduct a pipeline route survey off the east coast of Canada from May to November 2002. A Canadian ship was offered to perform the proposed survey. The Agency stated that the Coasting Trade Act does not require an offered Canadian vessel to be necessarily identical to the proposed foreign vessel but rather that the Canadian vessel be suitable to perform the activity described in the application. The Agency determined that there was a suitable Canadian vessel available to perform the activity.

Decision No. 392-W-2002 - Application to import a foreign cargo vessel to carry a special shipment between Montréal, Quebec and Trail, B.C., during a one-month period commencing in August 2002. A number of Canadian vessels were offered in response to the application. The Agency stated that the Coasting Trade Act does not require an offered Canadian vessel to be necessarily identical to the proposed foreign vessel but rather that the Canadian vessel be suitable to perform the activity described in the application. The Agency therefore determined that there was a suitable Canadian vessel available to perform the activity.

Financial and Commercial Suitability

Decision No. 461-W-2001 - Application to import a large foreign oil tanker to rapidly transfer oil products between a refinery in Saint-John, New Brunswick and a terminal at Point Tupper, Nova Scotia from June 15 to November 15, 2001 for maintenance purposes. A smaller Canadian tanker was offered to perform the transfer. The Agency found that the smaller tanker offered would not provide sufficient capacity to suitably transfer the oil products between the refinery and the terminal and that its smaller capacity would require the lowering of the refinery throughput . The Agency therefore determined that there was no suitable Canadian ship available to perform the activity.

Decision No. 606-W-1996 - Application to import three foreign registered tugs to carry out assembly work of the Hibernia Production Platform from February 23 to April 30, 1997. In response to an offer of three Canadian tugs, the applicant stated that, while the Canadian vessels were technically suitable, their costs were excessive and not commercially acceptable. The Agency noted that the primary purpose of the Coasting Trade Act is to protect the interests of Canadian shipowners who have made significant investments through having Canadian built, registered and crewed vessels. The Agency further noted that Canadian operators are subjected to costs and operating conditions that are not applicable to foreign vessels but that are standards for operating in Canada. Based on its consideration of all the relevant information filed during the pleadings, the Agency found the rates of the Canadian vessels offered were not excessive and compared favourably with any other similar vessels'. In light of the above, the Agency determined that there were suitable Canadian ships available to perform the activity.

Identical or Similar Adequate Marine Service

Decision No. 230-W-1997 - Application to import a foreign sailing vessel for training and excursions purposes. Many operators of Canadian registered vessels objected to the proposed service. Further to its consideration of all the information filed during the pleadings, the Agency found that many of the activities to be performed by the proposed foreign sailing vessel, including sail training and excursions, are available from Canadian operators who provide identical or similar adequate marine services. The Agency therefore determined that there were Canadian vessels available to perform the activities and provide the service and that there were identical or similar adequate marine services available from operators of one or more Canadian vessels, with the exception of certain activities and services described in the application.

Decision No. 255-W-1998 - Application to import a foreign vessel able to carry 12 passengers for excursions and "thrill rides". The Agency found that an operator of Canadian registered vessels was operating a service similar if not identical in most aspects to the service described in the application and, therefore, determined that there was a similar adequate marine service available from a person operating one or more Canadian vessels.

Decision No. 63-W-1998 - Application to use a traditionally rigged schooner to offer a variety of excursions along the east coast of Canada from May 15 to October 10, 1998. In the presence of a number of underutilised services offered with different Canadian vessels, the Agency found that the existing services, if not identical to those described in the application, are similar in scope. The Agency determined that there were similar adequate marine services available from persons operating one or more Canadian vessels.

Decision No. 462-W-1999 - Application to import a foreign luxury cruise ship to carry 100 passengers. The Canadian ship offered had a capacity of 49 passengers and was not capable of providing the same level of service. The Agency therefore determined that there was no Canadian ship suitable and available and that there was no identical or similar adequate marine service available from any person operating one or more Canadian ships.

Date de modification :