This letter was sent out as a complaint, to date they haven't done a thing due to the charge of trespass stating they would not interfere with the court system, should be interesting when the HPA gets tossed from court:

August 11, 2003

The Competition Bureau

Civil Department

Government Of Canada

By fax: 905-819-997-0324

I am writing to you with regards to a complaint against the Hamilton Port Authority pertaining to “Unfair Business practices” and Anti-Competition complaint among other things.

My current company “ YachtWare ” a legal Identity pursuant to the laws of Ontario. A used boat reseller registered for customs brokerage of these boats. 95% are from the US and approximately 30% are resold back to the US and some 25% are sold to Quebec and other provinces. I am not a large company by any means, we deal with a specialized niche market of lower end boat sales and boat inspections.

Be advised that The Port has intimidated people over the years with some of the conduct listed below. However with this matter being brought to the forefront you may find others coming forward with similar stories

The first issue is one of Anti-competition. The Port authority has a policy in force that there will be no competing business in the Hamilton Basin. Their scope of business was in repair, storage and sales, not to mention the management of the port. In my case I was evicted off the property with false complaints so that I could not sell boats from the marina. The marina of course is public lands and the eviction was unlawful. They had also refused to do business with my company in an effort to shut my company down at the public marina.

You will note that I wrote, “was in repair” they will say that they are no longer doing this type of work. However the fact is they still do direct referrals to their broker; mechanical repairs and painters past employee’s still on managed lands of the port.

Things like having a customer signing blank work orders before any work commenced is standard policy at The Port Marina.

One only has to look at the agreement struck in writing with the city and the port where they in fact endorse a None-competitive clause to see the type of atmosphere that in fact exists at the marina. I am not the first to be evicted from this marina for selling boats.

Their conduct in business is one of arrogance, that is if you don’t like how we do it whether it be their bill for services or quality of work or that they don’t like your attitude you are told to “Get out of their marina”. Fact is if they were just one of several most would say bye, bye. However the port has created a monopolized atmosphere. They have key location and specialized equipment and storage location based on in-kind tax dollars

Of the marinas located In Hamilton, The Royal Hamilton Yacht Club a member only with limited slips no storage and no haul out. Macassa Bay is a private club with no available slips. MacDonald Marine has limited equipment no secure storage, Laselle Park, no haul out, although a park like setting and outstanding staff, parking your car over night may get you a ticket. Did I also mention that the only “Public” mast hoist exists only at the Port Authority!

My view is that this organization is in fact a “public guardian” with the authority under the federal government “Marine Act” to manage the port and conduct itself pursuant to all laws of Canada whether provincial or federal.

The spirit of most acts governing organizations in Canada is to create fair market growth without monopolized behavior and or unfair practices.

There are two interpretations of the “competition issue”

1. That the city will not be able to use the lands to allow competition against the port, that is no other business can rent lands off the city nor can the City for the purpose of marine business. This of course is to protect the past employees of the port who have now set up shop on port land

2. The agreement for the city and the port states: the city can not compete with the Port in the same market, this eliminates the market of fair competition; that is to say if “The City” left rates as they are and the Port raised the rates, boaters would stay at the city. However its now set up that whatever the fees are at the new marina the city must keep its fees in line.

Did I mention that Laselle Park’s Landlord is The Port Authority?  What’s to say when the new marina opens that they wont raise their rents to have them brought in line rentals as well? This is clearly behavior that will control the industry.

Two years ago I was told that if I continued to sell boats that a percentage of those sales out of the marina would have to be paid to the Port Authority. Any work on the property that was done by other than a Port Authority employee would be charged a percentage on the amount they felt the job was worth.

This Marina as I have said is a public marina, the “Port” is empowered and in fact in existence to manage those lands. That is you and I as taxpayers would normally benefit in some way whether it be federal, provincial or municipal. If the port Authority wasn’t there. I can see them asking for proof of insurance but to ask a percentage kick back on businesses already paying taxes simply is outrageous!

To ask to be paid for haul outs or storage, things like that but no where in their letters of patent does it say we can charge a percentage kickback on work we had nothing to do with.

When you speak with the legal representative of the port your are told “If its all a lot of bother why would you not just go somewhere else ?”

I AM CANADIAN!! It is my right to access public lands without and atmosphere of a Gestapo regime

This conduct is affecting business in the area including mine, therefore it must be dealt with.

I note the following:

1.1            The purpose of this Act is to maintain and encourage competition in Canada in order to promote the efficiency and adaptability of the Canadian economy, in order to expand opportunities for Canadian participation in world markets while at the same time recognizing the role of foreign competition in Canada, in order to ensure that small and medium-sized enterprises have an equitable opportunity to participate in the Canadian economy and in order to provide consumers with competitive prices and product choices.

R.S., 1985, c. 19 (2nd Supp.), s. 19.

Discriminatory Business Practices Act

Amended by: 1999, c. 12, Sched. G, s. 22; 2001, c. 9, Sched. D, ss. 13, 14; 2002, c. 30, Sched. E, s. 6.

Purpose and intent of Act

2.     The purpose and intent of this Act is to prevent discrimination in Ontario on the ground of race, creed, color, nationality, ancestry, place of origin, sex or geographical location of persons employed in or engaging in business. R.S.O. 1990, c. D.12, s. 2.

The Hamilton Port Authority is governed by a federal act and is in fact for all purposes a federal Identity; surly this type of behavior cannot be tolerated by a branch of the government.

I wish to be contacted with regards to this, and have an investigation commenced into this matter

Sincerely,

Mr. M.J Randy Desnoyers