Determination No. W-2018-208
APPLICATION by Algoma Tankers Ltd., pursuant to the Coasting Trade Act, S.C., 1992, c. 31, for a licence.
Algoma Tankers Ltd. (Algoma) applied, through its representative, for a licence to use the "HARBOUR FEATURE", a petroleum/chemical tanker registered in Portugal, to transport clean petroleum products, in multiple voyages of approximately 10,000 to 16,000 cubic metres each, on the St. Lawrence Seaway, starting on or about October 1, 2018 and ending on or about November 30, 2018.
Is there a suitable Canadian ship available to perform the activity?
On August 13, 2018, Canadian Transportation Agency (Agency) staff gave notice of the application to the Canadian marine industry. Pursuant to the notice, operators of Canadian-registered ships who intended to file with the Agency an objection to the application or an offer of a ship to perform the activity described in the application were required to do so by August 15, 2018.
On August 17, 2018, Woodward Group of Companies (Woodward) offered the "KIVALLIQ W." to perform the activity described in Algoma's coasting trade licence application. The Agency, in Decision No. LET-W-56-2018, stated the following: "While the objection was filed after the notice's deadline, the Agency has considered that Woodward was in negotiation with the applicant prior to August 15, 2018, and continue to be in negotiation to determine if the Canadian vessel can undertake the activity, as well as that the applicant and the offeror have requested that the application be placed in abeyance pending the negotiations. As such, the Agency accepts Woodward's offer, allowing it to be part of the public record and to be considered by the Agency in making its determination."
Between August 17 and September 7, 2018, the Agency granted two requests for abeyance presented by Algoma and Woodward to suspend the pleadings process while they were in negotiations.
On September 13, 2018, Algoma advised the Agency that the parties have come to an agreement. Woodward indicated that it will not be available from October 1 to October 19, 2018, and that it had no objection to this period of the activity.
In light of the above, the Agency determines that there is no suitable Canadian ship available to perform the activity from October 1 to October 19, 2018, and that there is a suitable Canadian ship available to perform the activity from October 20 to November 30, 2018. As a result of both parties agreeing, no further assessment is necessary from the Agency.
The Agency is providing this Determination to the Minister of Public Safety and Emergency Preparedness to consider whether to issue the licence. This Determination is not an authority to operate.
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