REBUTTAL TO HAMILTON PORT AUTHORITY

To the Editor:

Thank you for the opportunity to respond to the Hamilton

Port Authority's letter

Step right up folks and see the shell game, is it in this hand

or the other?

First you will note a couple of things in the HPA's

response, not a word about anti-competition or, as they call

it, gratitude charge! Not a word! Simply put, the HPA has no

business eliminating competition or people's rights in the

industry. In Keith Robson's response he doesn't say they

are doing this, but doesn't answer to it either.

Whatever way you look at this, either they hold a federal

government office or their is a private sector business. It

can't be both. The government has certain obligations and

trust issues it must uphold. Anti-competition behaviour and

predatory practices are not part of any government office

that I know of. The conduct is clearly abuse of dominant

position in the market and should be dealt with. If theirs is a

private sector, then take away their government protection

and involvement. Let's see how long they last with the

private sector before a federal investigation is called.

This happens every time the government gets the brain

storms of how to merge private sector and the

government. Take Hydro, look how well that worked...a

good 50% of your hydro bill is to pay down a debt,

whose debt? And how did that become our debt? Was it

because they did market evaluations on their salaries! (I

couldn't stop laughing at this one!)

Let's break down the response by Mr. Robson the CEO of

HPA.. In his view "not excessive!." Most Canadians would

love to set their own salaries. On travelling the HPA Web

site, I wonder why their salaries aren't made public? Are

they? Next is the issue ofPILTS and stipends. Let me

suggest that if the HPA weren't there, the public sector

would be. Any revenue would support these people and

they would pay taxes on the revenue.

The port has monopolized the industry. In order to ship and

deal in these waters you have to do so, in one way or

another, with the HPA. If they weren't here, let's say, if Joe's

dock service wanted $50 to tie up and Mike down the shore

wanted only $40, Joe would have to adjust his fees or he

would soon be working for Mike.

The HPA is surviving on in-kind dollars that would have

normally gone to the private sector. But, HPA has the benefit

of government shelter with exclusive rights under the marine

act. To say they are "governed under their patents" falls

short of the full truth. For years they operated a sailing

school "outside" of their patents.. In fact, I have a copy of

the said patents and can't seem to find, specifically, either

marine sales or repairs.

The HPA is a federal body and as such can use resources of

Say you saw it in'Gam

the government that are not available to us.. They have the

trust issue and government guide lines, right? If you come to

customs needing a passport, the customs officer can't refer

you to his printer buddy because it is not allowed. Corruption

at that level of government would lead to an overall corrupt

system. To head this off, there are rules in place. Yet, I note that

in Robson's response there is no comment on the issue of

charging a percentage on work performed by outside

contactors. Further, tenders to services are not offered to the

industry, but just to the ex-employees of the HPA? Remember

they govern the waters on your behalf and then get to charge

you for it. Just explore the concept as to what else could be

going on!

Let's not forget the fuel dock. As motorists in Canada, a

percentage of our fuel cost is road tax, to go toward fixing our

roads. When you pull up to the HPA to get fuel, not only do

you pay that tax but the fuel is hiked another 10 to 20 cents a

litre. They don't pay higher cost for this fuel. If some of the

money went to cleaning up the waterways, I don't think you

would get a boater kicking about the issue. But, the fact is we

are charged the road tax plus being hit again. Doesn't the

government call this price gouging?

They do this because theirs is the only game for local fuel..

They also tell you "no fUeling up your boat at your dock with

your ownfuer' (probably a good policy if just for safety.)

Let's say Joe now wants to put in a fuel dock. Well, that

opens all sorts of problems with the environment. Let's not

forget who could have the final say on that! Yes, the HPA,

because they manage the waterway.

You might ask MacDonald Marine and Maccassa Bay Yacht

Club about doing things under the HPA control. They can't

remove weeds since it destroys fish habitat. Yet the port

dredges the area around the Burlington Bridge and back-fills

land at Windameir with no questions asked.

A winter or so ago, a 55 foot Ferro sailboat sank at the dock.

Think ofthe environmental issues!! Imagine the cleanup; fuel,

sewage and battery acid. The HPAjust pumped it overboard

and re-floated the boat. Calls went out to the environment-spill

people but, strangely; no one showed up. Do I have to tell you

why?

HPA is accountable to whom? In an email Andrea Findley tTom

Transport Canada, the government body that oversees the

port, writes, "As you are aware, the Hamilton Port Authority is

responsible for managing the day-to-day operations of the

port of Hamilton. As such, we have suggested that you discuss

this matter with the port operator directly. " She also suggests

we contact the Minister of Transport if we feel she helped. We

did and, to date, not so much as a peep.

We look at the board. Most are well-connected people who,

through one committee or another, know each other-mayor

March

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