Proposed Modifications to the Coasting Trade Guidelines

The Canadian Transportation Agency is soliciting comments as part of its review of the proposed modifications to the Guidelines Respecting Coasting Trade Licence Applications.

Please be advised that the deadline for participating in the consultation process and to provide written submissions is now extended to February 26, 2010. All comments received will be posted on the Agency's Web site. At the close of this period, all stakeholders will then have until March 8, 2010 to submit final comments in reply to any comments filed during the consultation, including those submissions filed during the initial consultation period. These comments will also be posted on the Agency's Website.

For more on this consultation, please read the information below:

Introduction

Following consultations with interested parties, the Canadian Transportation Agency issued the Guidelines Respecting Coasting Trade Licence Applications in 2003. That document serves to clarify, among other things, the Agency's mandate under the Coasting Trade Act, the roles and responsibilities of parties involved in the application process before the Agency, as well as the Agency's administrative process.

The Agency is now taking this opportunity to consult with stakeholders on proposed modifications to the existing Guidelines, which more clearly communicate the expectations of the Agency with respect to the timing of applications and offers as well as the content of those submissions to ensure that they contain all relevant facts and circumstances. The proposed modifications to the Guidelines also more clearly describe the roles and responsibilities of the applicant, the offeror and the Agency throughout its decision making.

The Agency is also considering requiring a minimum of 30 business days advance notice for all applications other than those subject to processes requiring a minimum advance notice time of 8 days (for oil tankers), fast-track or urgent treatment. The objective is to allow for a fair and reasonable response period for Canadian operators while continuing to recognize that there may be instances when an application needs to be fast-tracked or treated urgently. Currently urgent applications are not recognized formally and treated on an ad-hoc basis. The proposed amendments would result in the existing fast-track process being broken down into a fast-track and an urgent process, each with their own strict definitions, precise information to be included in the applications, and well defined processes. Also proposed is the elimination of the minimum advance notice period of 15 business days.

The proposed Guidelines also reflect changes since they were issued 6 years ago which include a list of the names and contact information of the various agencies and departments involved in the coasting trade licence application process. They also include summaries of some of the Agency's more recent determinations in respect of these applications.

The proposed modifications to the Guidelines clearly remind applicants to take into account the time required for each relevant federal government authority to carry out its obligations for coasting trade applications. To assist applicants in their planning, the Agency has expanded the Guidelines to include more information about the involvement of the other key federal agencies and departments involved in the coasting trade licence application process as well as their approximate time lines to carry out their respective obligations.

Lastly, the Agency is considering revising its coasting trade licence application notification process and is taking this opportunity to inform stakeholders of the approach being considered and to obtain further information. Subsequent to a coasting trade licence application being filed with the Agency, operators of Canadian-registered ships (operators) are notified by way of the Notice of Coasting Trade Licence Application (Notice of Application).  Currently, PROTUS, a web-based Internet fax service that is designed for multiple fax broadcasts, is used to send the Notice of Application. Over the years, parties have raised concerns about the length of the facsimiles received.  In addition, there have been failed transmissions due to the fact that many operators are registered with the National Do Not Call List (DNCL), even though the operator has indicated that it wishes to receive the Notice of Application.  Failed transmissions result in Agency staff attempting to notify the operator using alternative means which delays the process. As a result, the Agency is seeking comments of the operators and all other interested parties as to whether they have both e-mail and Internet access. This will permit an assessment of alternatives to the current notification process.

Objectives

The objectives of the consultations are to gather written comments from the interested parties on:

1. the proposed Guidelines;
2. a revised notification process involving e-mail or Internet;
3. any other matters related to the Agency coasting trade process.

All the information gathered will be considered by the Agency in the preparation of the revised Guidelines, as currently drafted. As well, information pertaining to the e-mail and Internet access will be considered when examining alternatives for the notification process.

The Agency encourages the participation of the interested parties as the principal objective of the revised Guidelines is to make the process more effective and efficient for everyone concerned.

Key Issues

The Agency has identified the key issues noted below that require particular attention during the consultations. The topics of discussion during the planned written consultations will be limited to the Agency's mandate and will not address those of the other government agencies or departments involved directly or indirectly in the coasting trade licence application process.

1. Advance notice for applications (Section 2.2)
   • Are the minimum advance notice periods by category adequate to meet the needs of interested parties?  If not, provide full reasons and state what would be considered reasonable time periods.
2. Content of applications and offers (Section 2.3 and 3.4)
   • Should the revised Guidelines include any other type of information or detail required from applicants and offerors in order to provide all of the relevant facts and circumstances needed by parties to assess the application and offers and thereby minimize the time required to exchange such information during pleadings?
3. Time Limits for Pleadings (Section 3.2)
   • Are the proposed time periods allowed for the pleadings related to the application process for fast track considered reasonable? If not, provide full reasons and state what would be considered reasonable time periods.
4. Other coasting trade issues
   • Any other coasting trade issues that may be raised during the consultations.
5. E-mail and Internet access
   • If the Agency were to implement a notification process involving e-mail or Internet, do you currently have access to e-mail or Internet? If so, would you prefer to use e-mail or Internet for notification purposes?  If not, describe any real impediments to your obtaining e-mail or Internet access? If you do not presently have email or Internet access, how long would you require to obtain it if the Agency decided to change its notification process to an e-mail- or Internet-based mechanism?

Process

On November 18, 2009, the Agency initiated consultations soliciting comments as part of its review of the Guidelines Respecting Coasting Trade Licence Applications. At that time, the deadline for stakeholders to provide their written submissions on the Guidelines was established as December 18, 2009. Parties then had until January 7, 2010 to submit any final comments.

Please be advised that the deadline for participating in the consultation process and to provide written submissions is now extended to February 26, 2010. All comments received will be posted on the Agency's Web site. At the close of this period, all stakeholders will then have until March 8, 2010 to submit final comments in reply to any comments filed during the consultation, including those submissions filed during the initial consultation period. These comments will also be posted on the Agency's Website.

Comments should be clearly identified with your name, address, organization that you represent, a telephone number, and an e-mail address. Please indicate clearly: Consultation – Proposed Modifications to the Guidelines Respecting Coasting Trade Licence Applications.

Parties are encouraged to submit their written comments:

Electronically via e-mail at: consultations-marine@otc-cta.gc.ca

Alternatively, comments may be sent by mail, with an electronic copy, to the following address:

Canadian Transportation Agency
Attention: Melanie Nera, Manager, Insurance and Marine Determinations Division (IMDD)
Ottawa, Ontario K1A 0N9

Following the consultations, the information gathered will be analyzed and, where deemed appropriate, will be incorporated into the revised Guidelines. The amended Guidelines will then be placed on the Agency's Web site.

Link to the Proposed Coasting Trade Guidelines

Please follow this link to view the entire Proposed Modifications to the Guidelines Respecting Coasting Trade Licence Applications.

Subscribe to Updates

To receive e-mail updates on this consultation, visit the Mailing List page. Follow the instructions to set up a subscription account and to choose your e-mail update preferences.

Stakeholders' Comments

The following material has been submitted by organizations not subject to the Official Languages Act and is provided to the public solely in the original language.

Submissions from external organizations posted on this page are generally posted in the original format as provided to the Agency. If a document is not accessible to you because of its format, please contact the Agency at the above coordinates.

Additional Documentation

• Current Guidelines Respecting Coasting Trade Licence Applications (2003)
• Previous Coasting Trade Licence Guidelines consultation (Archives)