Determination No. W-2023-179
APPLICATION by Desgagnés Transarctik Inc., pursuant to the Coasting Trade Act, SC 1992, c 31 (Act), for a licence.
Desgagnés Transarctik Inc. applied to the Minister of Public Safety and Emergency Preparedness (Minister) for a licence to use the M/V Andesborg, a multipurpose ship registered in the Netherlands, to transport dry cargo in multiple voyages between Bécancour, Quebec, and/or Rankin lnlet, Nunavut, and/or Valleyfield, Quebec, and/or Bathurst lnlet, Nunavut. The activity started on or about July 10, 2023, and will end on or about October 10, 2023.
On June 19, 2023, the Canadian Transportation Agency (Agency) determined, in Determination W 2023 131, that there was no suitable Canadian ship available to perform the activity described in Desgagnés Transarctik Inc's coasting trade licence application.
On September 14, 2023, Desgagnés Transarctik Inc, pursuant to section 32 of the Canada Transportation Act, SC 1996, c 10, (CTA), applied for a variance of Determination W 2023 131, seeking permission to deviate the M/V Andesborg from Bathurst Inlet to Wise Bay, Northwest Territories, to pick-up critical cargo that did not make it to Valleyfield in time for the M/V Andesborg's departure.
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 Determination W 2023 131 since it was issued and that it should be varied, particularly because the critical cargo did not reach Valleyfield in time. The Agency considers that this change in facts and circumstances was not known to Desgagnés Transarctik Inc. at the time of application for a coasting trade licence.
The Agency notes that other than adding one stop for Desgagnés Transarctik Inc., there are no other modifications to the nature or scope of the proposed activity.
Desgagnés Transarctik Inc. has confirmed to the Agency that there are no other Canadian operators available for the required critical cargo activity.
Accordingly, the Agency, pursuant to section 32 of the CTA, varies Determination W 2023 131.