Decision No. 447-W-2002
August 9, 2002
File No. W9125/P5/02-20
P.F. Collins Customs Broker Ltd. has, on behalf of Teekay Canadian Tankers Ltd., 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 on June 19, 2002.
The Canadian Transportation Agency (hereinafter the Agency) conducted a search of the relevant portion of the marine industry and notice of the application was given on June 20, 2002.
On July 3, 2002, Stikeman Elliot, Barristers and Solicitors, acting on behalf of Overseas Shipholding Group Inc. (hereinafter OSG), filed a late objection to the application advising that OSG had placed a bid with Petro-Canada to perform the coasting trade activity described in the application and that, subject to being awarded the contract, OSG intended to import the non-duty paid Canadian flagged vessel "OVERSEAS FRAN", or sister ship, after paying the required import duty.
By letter No. LET-W-190-2002 of July 9, 2002, the Agency accepted the objection filed on behalf of OSG and extended the pleadings into the application to July 17, 2002.
On August 1, 2002, and subsequent to the completion of the extended pleadings, Stikeman and Elliot advised the Agency that Petro-Canada had not accepted OSG's bid to perform the coasting trade activity described in the application and that, therefore, OSG was no longer taking a position with respect to the coasting trade application filed by P.F. Collins for the "AVALON SPIRIT".
CONCLUSION
In light of the above, the Agency determines, 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 activity described in the application.
This determination is valid for a period of one year from the date of issuance of the coasting trade licence and will be provided to the Minister of National Revenue for any necessary action as provided under the Coasting Trade Act.
This Decision does not constitute an authority to commence operations in respect of the activity for which the application is made.
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