When the threat of arrest was extended to her staff, Baddeley closed the facility for the rest of day and again when the Nantucket returned on July 31.
This last visit was "the Sunday of the long weekend and there were a lot of disappointed boaters," said Baddeley who estimates that about $11,000 in fuel sales was lost during the two days the facility was closed.
The International Ship and Port Security Code (ISPS) was developed in response to perceived threats to ships and port facilities. It came into effect July 1, 2004, and is being enforced in Tobermory because the fuel tanks are too close to where the Nantucket docks, said Transport Canada spokeswoman Paula Fairfax.
But Baddeley said it simply does not make any sense since the celebrated Chi-Cheemaun ferry to Manitoulin Island docks just a sidewalk width away from the fuel tanks.
The Nantucket, owned by Clipper Cruise Lines of St. Louis, Missouri, is a foreign ship that is ISPS Code compliant and therefore its ports of call must be ISPS code approved, said Transport Canada's regional director Lucy Butts.
That means the fuel facility must be closed one hour prior to the ship arriving and one hour after it departs which is usually six hours after it docks.
Initially Baddeley was told she and her staff personally faced prosecution, but was subsequently told that because the town runs the dock, the municipality would face a $100,000 fine if it refused to close the fuel facility.
Tobermory has the only public dock in Ontario owned by Transport Canada where there is also a fuel facility, so it is the only port where the ISPS regulations are being enforced by Transport Canada, said Butts.
Miller also questions why operating the fuel facility is deemed unsafe while U.S. tourists are in port, but not dangerous for the 300 to 500 passengers who board the Chi-Cheemaun four times daily.
-30-
This item first seen in our local paper and found on line at
http://www.ratemyprofessors.ca/jive/vodka/viewThread.jsp?forum=2&thread=15502
[Proofreader's note: this article was edited for spelling and typos on August 7, 2005]
Note: http://www.ratemyprofes...
Terrorists In Tobermory?
Posted on Saturday, August 06 at 13:07 by RuralContributed By
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When you are up to your ass in alligators it is difficult to remember that the initial objective was to drain the swamp
This is just another example of how the gov. often imposes laws without first asking those who will be impacted by them the most! However, I must admit that I am not really surprised that the gov. would fail to make arrangements with Tobermorians beforehand. After all, last year during the 38th General Election of June 28th, I had to drive almost an hour out of town to be able to vote since Tobermory shares the Grey-Bruce-Owen Sound municipality, closest polling station being in Lyon's Head.
Furthermore, I would like to add that if the terrorist squad wants a docking spot in this town, they will have to share it with everyone else...my apologies for living in a democratic country (I think?).
Tobermory Fuel Facility ordered to cease operations under threat of jail
Press Release
7/29/2005
Owen Sound – A battle between Transport Canada and the Municipality of Northern Bruce Peninsula, operators of the Tobermory Fuel Facility over fuelling of vessels during the docking of the cruise ship Nantucket Clipper reached new heights Monday (July 25), when staff at the facility was ordered to stop fuelling or be arrested. According to Larry Miller, MP for Bruce-Grey Owen Sound, “this battle is unnecessary, but it is one that the municipality and I are prepared to fight.”
The Municipality had been told it was not allowed to fuel vessels beginning one hour before and ending one hour after the Clipper’s arrival. As such, it has been in constant communication with Transport Canada for the past month, working feverishly to make changes to the facility as required including erecting a security fence and incurring an expenditure of over $5,000. Working under the assumption that they had complied, (and with a letter from an engineering firm confirming that fact), staff opened for business Monday morning and welcomed the Clipper.
However, they were quickly met by Transport Canada staff who advised them they were not to fuel any yachts or boats entering the harbour. By 1:30 p.m., Kathryn Baddeley (Municipal Clerk) was threatened by the Manager of port operations, that Transport Canada would take action to have her and her staff arrested and charged under the Marine Transportation Act. Operations were then shut down. However, Transport Canada showed inconsistency and allowed the Clipper to use the water and office services available at the Port Authority.
“As far as the municipality of Northern Bruce Peninsula is concerned, all regulations have been complied with. There should be no reason for them to cease operations. And in fact yesterday the site was inspected by Technical Standards Branch (TSSA) and was found to be in 100 per cent compliance. Further, what is truly ironic about this whole fiasco is this facility was approved and partially funded by the Federal Government one year ago and now they say (verbally) it does not meet safety and security concerns. If this is the case then someone in the Federal Government did not to their job very well last year,” Miller said.
Miller sent a letter to Transport Minister Jean Lapierre outling his concerns and emphasizing the urgency of the issue, and the two spoke briefly on July 21. “He assured me the situation would be resolved,” Miller said.
The Municipality has asked Transport Canada staff for a list in writing of any other things that must be done in order to resume operations and has been told by a Transport Canada employee that they are “too busy” to produce the list.
“Until Transport Canada and that particular employee find the time to produce the list, the municipality will carry on with business as usual at the Tobermory Fuelling Facility. Government officials have been extremely heavy handed and uncooperative in this matter and it means a huge loss of tourism business in the area. The Clipper is scheduled to dock again this Sunday, July 31 and I will be there to welcome it and to support the municipality and its staff. This is just another example of a ministry bureaucracy showing a complete disregard for rural Canada,” Miller concluded.
Posted by Rural