[2011] 3 F.C.R. D-4
Transportation
Motion on consent for preliminary determination of law under Federal Courts Rules, SOR/98-106, r. 220 as to whether icebreaking services fee fixed pursuant to Oceans Act, S.C. 1996, c. 31, s. 47 applying to operations of defendant Detroit-Windsor Truck Ferry Inc. (DWTF)—DWTF providing truck ferry service running on Detroit River between ports of Windsor, Ontario, Detroit, Michigan—Plaintiff commencing action for unpaid icebreaking services fees—Minister of Fisheries and Oceans having authority, pursuant to Act, s. 47 to fix fees to be paid for icebreaking services provided by Canadian Coast Guard—Icebreaking Services Fee Schedule, s. 3 providing that fee payable for icebreaking services by ship for each transit to or from Canadian port located in ice zone—Word “transit” defined in Schedule as any movement by ship which includes one port of departure, one port of arrival and no intermediate port calls in between—Definition of “transit”, words in s. 3(1) not alluding to where ship coming from or where it is going but excluding ship remaining entirely within boundaries of single port—Because English version of word “transit” not ambiguous, French version thereof not prevailing—DWTF’s argument that transit must be between two Canadian ports to attract icebreaking fees rejected—Icebreaking services fee applying to DWTF’s operations because movement of tugboat from outside port of Windsor to Windsor, Canadian port of arrival—Same reasoning applying when tugboat’s movement is from port of Windsor to another destination outside port of Windsor—Movements are to or from Canadian port located in ice zone—In both scenarios, movements of DWTF’s tugboat meeting definition of word “transit” in both languages.
Canada v. McKeil Marine Inc. (T-1683-05, 2011 FC 531, Beaudry J., judgment dated May 9, 2011, 22 pp.)