Decision No. 289-W-2005

May 12, 2005

May 12, 2005

APPLICATION by Location de Bateaux AGM Inc., pursuant to the Coasting Trade Act, S.C., 1992, c. 31, for a licence to use the "EXOCET VI", a Canadian non-duty paid sailing catamaran to be chartered by only one customer and his family for a period of three months for the purpose of cruising in the Gulf of St-Lawrence, during the period commencing on June 15, 2005 and ending on September 15, 2005.

File No. W9125/L25/05-1

Location de Bateaux AGM Inc. (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 7, 2005.

The Agency conducted a search of the relevant portion of the marine industry and on April 27, 2005, École Croisière Mercator opposed the granting of the application, stating that it has a 42-foot Canadian sailing vessel that offers similar services. However, after discussions with the applicant, École Croisière Mercator, by letter dated May 6, 2005, informed the Agency that it no longer opposed the granting of the application.

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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