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Notice of Hearing

May 2006 - Complaints by Neil Surry et al., Kenmore Air Harbor Inc., Amigo Airways Corp. and Seair Seaplanes Ltd. against the Nanaimo Port Authority

The following public notice appeared in the Nanaimo Daily News, the Victoria Times-Colonist and L'Express du Pacifique.

IN THE MATTER OF the complaints pursuant to subsection 52(1) of the Canada Marine Act, S.C., 1998, c. 10, filed by Neil Surry et al., Kenmore Air Harbor Inc., Amigo Airways Corp. and Seair Seaplanes Ltd. regarding certain fees levied by the Nanaimo Port Authority on passenger ferry operators and float plane operators, the Canadian Transportation Agency will hold a public hearing commencing on May 9, 2006, at 10:00 a.m. (local time), in Nanaimo, British Columbia.

According to the Canada Marine Act, any interested person may at any time, under subsection 52(1), file a complaint with the Agency that there is unjust discrimination in a fee fixed by a port authority under subsection 49(1), and the Agency shall consider the complaint without delay and report its findings to the port authority, and the port authority shall govern itself accordingly. In October 2005, the Agency received a number of complaints that there was unjust discrimination in fees levied by the Nanaimo Port Authority on passengers travelling on passenger ferry services and float plane services. The hearing is part of the Agency's investigation of these complaints.

Participation at the hearing

Anyone wishing to participate at the hearing may do so as an intervener by notifying the Agency on or before April 28, 2006, and by providing the Agency with a summary of their presentation by May 3, 2006. This summary shall outline the issues to be addressed, indicate the approximate duration of the presentation and specify which official language will be used in addressing the Agency. Any documents referred to in the summary shall be forwarded to the Agency along with the summary.

Persons who are interested in the hearing but who do not want to attend may file written comments with the Agency by May 3, 2006.

Additional information

Detailed procedural directions for this hearing are available from the Agency on request.

Written communications may be filed by mail at the address set out below; by fax to (819) 934-0631; or by e-mail at marine.cta@cta-otc.gc.ca. Submissions filed after the deadlines noted above may not be accepted by the Agency and, thus, may not form part of the record of the Agency's investigation.

Anyone requiring particular facilities or services at the public hearing should notify the Agency no later than April 28, 2006 in order that the necessary arrangements may be made. Such notification may be by e-mail or by fax (as noted above), by telephone at the numbers shown below or by regular mail at the address shown below.

Further information about this matter may be obtained by calling Agency Counsel Ron Ashley (819-997-9324) or Andray Renaud (819-953-8941). Alternatively, a message may be left at the Agency's toll-free numbers (1-888-222-2592; TTY: 1-800-669-5575).

DATED April 17, 2006

Claude Jacques
Secretary
Canadian Transportation Agency
Ottawa, Ontario K1A 0N9