Determination No. W-2020-114

Mowi Canada East applied , through its representative, to the Minister of Public Safety and Emergency Preparedness (Minister), for a licence to use the "VIKTORIA VIKING", a well-boat registered in Norway, to transport live salmon between all Mowi Canada East fish farms off the coast of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick, in multiple voyages. The ship also carries out size-grading operations of salmon and bath treatment operations for diseases. The proposed period for the activity set out in the application was from on May 9, 2020, and will end on May 8, 2021.

On March 31, 2020, the Canadian Transportation Agency (Agency) determined, in its Determination No. W‑2020-50 (Determination), that there was no suitable Canadian ship available to perform the activity described in Mowi Canada East's coasting trade licence application.

On June 10, 2020. Mowi Canada East applied to the Agency, pursuant to section 32 of the Canada Transportation Act, SC 1996, c 10 (CTA), for a review of Determination No. W-2020-50 on the basis that it needed to add two additional ports, in Georgetown and Charlottetown, Prince Edward Island, which were not part of the original application, as Mowi Canada East no longer has access to the Port of Souris, Prince Edward Island.

Mowi Canada East maintains that its ship cannot access the Port of Souris due to regulations found in the International Ship and Port Facility Security Code (ISPS Code) and the fact that this port is not compliant with the ISPS Code. The Port of Souris formed part of the activity included in Determination No. W-2020-50.

Pursuant to section 32 of the CTA, the Agency may review, rescind or vary any decision made by it if, in the opinion of the Agency, since the issuance of the decision, there has been a change in the facts or circumstances pertaining to the decision.

The Agency has considered the application and finds, pursuant to section 32 of the CTA, that there has been a change in the facts and circumstances pertaining to the Determination since it was issued and that it should be varied.

The Agency notes that other than adding these two ports, there are no other modifications to the nature or scope of the proposed activity.
Accordingly, the Agency, pursuant to section 32 of the CTA, varies Determination No. W-2020-50.