Decision No. 274-W-2005
May 5, 2005
APPLICATION by Halifax Regional Municipality, pursuant to the Coasting Trade Act, S.C., 1992, c. 31, for a licence to use the "WHALING CITY EXPRESS", an American passenger ferry, to conduct sea trials in the Bedford Basin and Halifax Harbour as preliminary testing of a high speed passenger ferry project, during the period commencing on or about April 30, 2005 and ending on or about May 10, 2005.
File No. W9125/C51/05-1
Halifax Regional Municipality (hereinafter the applicant) has applied to the Minister of National Revenue for a licence to operate the service set out in the title. The matter was referred to the Canadian Transportation Agency (hereinafter the Agency) on April 18, 2005.
The Agency conducted a search of the relevant portion of the marine industry. On April 22, 2005, Groupe Dufour replied by offering its Canadian vessel "Famille Dufour II".
By letter dated April 28, 2005, the applicant requested an extension of time to comment on the vessel offer, and by Decision No. LET-W-134-2005 dated April 28, 2005, the Agency granted the applicant until April 29, 2005 to file comments, and Groupe Dufour until May 2, 2005 to reply. The applicant filed its comments on April 29, 2005. On May 3, 2005, Groupe Dufour forfeited its opportunity to reply stating that "we can cleary see that our vessel will never be considered" (translation).
In light of the foregoing, the Agency has determined pursuant to subsection 8(1) of the Coasting Trade Act that there is no suitable Canadian ship available to provide the service or perform the activities described in the application, and that there is no identical or similar adequate marine service available from any person operating one or more Canadian ships.
This determination will be provided to the Minister of National Revenue for any necessary action as provided for in the Coasting Trade Act.
This Decision does not constitute an authority to commence operations in respect of the service for which application has been made.
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