ARCHIVED — Two Ontario Ferry Operators Remission Order

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Vol. 143, No. 13 — June 24, 2009

Registration

SI/2009-54 June 24, 2009

FINANCIAL ADMINISTRATION ACT

P.C. 2009-967 June 11, 2009

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Fisheries and Oceans and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), hereby makes the annexed Two Ontario Ferry Operators Remission Order.

TWO ONTARIO FERRY OPERATORS REMISSION ORDER

1. Remission is hereby granted to the Ontario ferry operators set out in column 1 of the schedule of the amounts set out in column 2, which are fees payable by those ferry operators for icebreaking services provided by the Canadian Coast Guard in the period beginning on April 1, 2001 and ending on May 15, 2009 under subsection 47(1) of the Oceans Act, and the amounts set out in column 3, which are a portion of the fees payable for icebreaking services in subsequent years, beginning on May 16, 2009.

SCHEDULE
(Section 1)

Column 1


Ontario ferry operator

Column 2

Remission amount ($)

Column 3

Subsequent annual remission amount ($)

Bluewater Ferry Inc.

213,280

21,700

Walpole-Algonac Ferry Line Ltd.

457,238

21,700

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order provides for the remission of the fees that are payable by Bluewater Ferry Inc. and Walpole-Algonac Ferry Line Ltd., which operate in the St. Clair River in Ontario, for icebreaking services provided by the Canadian Coast Guard in the period beginning on April 1, 2001 and ending on May 15, 2009 under the Icebreaking Services Fee Schedule made under subsection 47(1) of the Oceans Act, as well as a portion of the fees that are payable for those services in subsequent years.

The Department of Fisheries and Oceans was advised by Bluewater Ferry Inc. and Walpole-Algonac Ferry Line Ltd. that the payment of Icebreaking Services Fees (ISFs) to the Canadian Coast Guard was presenting the ferry operators with financial hardships. The findings of an economic impact assessment performed on each company confirmed that the ISFs were “unjust” and “unreasonable” for those companies. Specifically, the two ferry operators support cross-border commerce for surrounding communities with frail economies, and if the two companies were to cease operations during winter months, local populations would suffer undue financial hardship. In addition, residents of the Walpole-Island First Nations rely on the Walpole-Algonac Ferry Line Ltd. to travel to jobs off the reserve. It was subsequently confirmed by the Minister of Fisheries and Oceans that the ISFs represent an undue financial hardship on the operations of each company and that the public interest justifies the remission.

Footnote a
S.C. 1991, c. 24, s. 7(2)

Footnote b
R.S., c. F-11