[2012] 3 F.C.R. D-6
Transportation
Appeal from Federal Court decision (2011 FC 531) declaring appellants liable for icebreaking fees in relation to ferry business between ports of Windsor, Detroit—Appellants arguing, inter alia, that Canadian Coast Guard (CCG) not having authority to levy icebreaking fees within boundaries of Port of Windsor because that authority given to Windsor Port Authority; use of word “transit” as verb in English version of Fee Schedule for Icebreaking Services, C. Gaz. 1999.I.92 (Fee Schedule), s. 2 creating ambiguity as to whether only part or whole of “transit” occurring within ice zone, while use of “transit” as noun in French version making it clear that “transit” occurring within ice zone; icebreaking fees only applying where both ports of departure, arrival within ice zone; ice zone applying only to Canadian waters, therefore voyage from Port of Windsor to Port of Detroit not “transit”, not subject to icebreaking fees—Issue proper interpretation of Fee Schedule—Fee Schedule, s. 3 resolving any ambiguity arising from s. 2 by requiring only that either port of departure or port of arrival be in ice zone—Since Port of Windsor in ice zone, voyage beginning or ending in that Port “transit” subject to Fee Schedule—Minister’s obligation to provide icebreaking services not assigned to Windsor Port Authority—Oceans Act, S.C. 1996, c. 31, s. 41 not supporting argument that grant of power to fix fees to other agency depriving Minister, CCG of right to charge fees for services rendered—S. 41 not enabling section giving Minister discretion whether or not to provide icebreaking services but charging section providing that matters referred to in s. 41(1)(a) to (e) are not only powers but also duties of Minister—Parliament regarding icebreaking services as necessary, thus imposing on Minister duty to provide those services—In order for such duty to be assigned to other entity, other entity must also be under duty to provide icebreaking services—No dispositions found imposing on Port of Windsor icebreaking duties—Appeal dismissed.
Canada v. McKeil Marine Inc. (A-190-11, 2012 FCA 93, Pelletier J.A., judgment dated March 20, 2012, 12 pp.)