Canada Gazette, Part I, Volume 155, Number 21: COMMISSIONS
May 22, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEAL
Notice No. HA-2021-003
The Canadian International Trade Tribunal has decided, pursuant to rule 25 of the Canadian International Trade Tribunal Rules, to consider the appeal referenced hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal.
| Date of Hearing | June 22, 2021 |
|---|---|
| Appeal No. | AP-2020-012 |
| Goods in Issue | Torque ratchet handles, models RDTW150F and RDTW600F |
| Issue | Whether the goods in issue are properly classified as "hand-operated spanners and wrenches: non-adjustable" under tariff item No. 8204.11.00, as determined by the President of the Canada Border Services Agency, or should be classified as "interchangeable tools for hand tools" under tariff item No. 8207.90.90, as claimed by Entreprise Robert Thibert Inc. In the alternative, Entreprise Robert Thibert Inc. has claimed that the goods in issue should be classified as "tool holders" under tariff item No. 8466.10.00. |
| Tariff Items at Issue | Entreprise Robert Thibert Inc.—8207.90.90, 8466.10.00 President of the Canada Border Services Agency—8204.11.00 |
CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF EXCLUSIONS INQUIRY
Certain steel goods
On May 9, 2019, by the Order Referring to the Canadian International Trade Tribunal, for Inquiry into and Reporting on, the Matter of the Exclusion of Certain Steel Goods from the Order Imposing a Surtax on the Importation of Certain Steel Goods (Exclusions Inquiry Order), the Canadian International Trade Tribunal was directed by Her Excellency the Governor in Council, on the recommendation of the Minister of Finance, to conduct inquiries (Inquiry No. GC-2018-001-E4) regarding exclusion requests concerning certain heavy plate and stainless steel wire which are subject to safeguard measures enacted in the Order Imposing a Surtax on the Importation of Certain Steel Goods. Subject countries are all countries except the United States, Mexico, Chile, Israel, Korea, Colombia, Honduras, Panama, Peru and all countries benefitting from the General Preferential Tariff (GPT).
In carrying out its mandate, the Tribunal is to determine if there is at least one domestic source of supply for such goods, or if there is a firm and commercially viable plan to produce such goods domestically. If the Tribunal determines that there is no domestic source of supply or firm and commercially viable plan to produce such goods domestically, the Tribunal will, in accordance with the direction provided in the Exclusions Inquiry Order, recommend the exclusion of the goods from the application of safeguard measures. This is the Tribunal fourth inquiry in response to the Exclusions Inquiry Order. The Tribunal must report to the Minister of Finance by July 9, 2021.
Inquiry schedule
May 10, 2021
Notice of commencement of inquiry / Exclusion request and response forms posted
May 21, 2021
Notices of participation and representation, declarations and undertakings due
May 27, 2021
Exclusion requests due
June 7, 2021
Responses to exclusion requests due
June 14, 2021
Reply to responses to product exclusion requests
To be determined
Hearing (if needed)
July 9, 2021
Tribunal decision / Report to the Minister of Finance
Exclusion requests
The Tribunal has posted on its website forms for (1) exclusion requests and (2) responses from the domestic industry. The range of information being requested in these forms will increase the totality of the evidence on the record and should not necessarily be interpreted as an indication of how the Tribunal will interpret the terms of the Exclusions Inquiry Order.
The relevant forms must be filed with the Tribunal in accordance with the above-mentioned Schedule. Please note, as per the Notice of Commencement of Exclusions Inquiry, that the requester will have a right to reply to the domestic producers' response. While there is no suggested form for this reply, the requester should clearly indicate what request is being addressed.
The public may file documents electronically with the Tribunal through its Secure E-filing Service. The information is fully encrypted from the sender to the Tribunal.
Form I – Notice of Participation, Form II — Notice of Representation, and Form III — Declaration and Undertaking should all be filed electronically through the Tribunal Secure E-filing Service.
Following receipt of Forms I — Notice of Participation, Forms II — Notice of Representation, and Forms III — Declaration and Undertaking, the Tribunal will send a letter to counsel and self-represented participants with information on the E-registry Service and the filing of documents.
These deadlines must be strictly observed, and filings submitted after the deadline will only be accepted in demonstrably extraordinary circumstances and with leave of the Tribunal.
In light of the limited time frame provided to the Tribunal to conduct this inquiry, counsel and self-represented participants should make every effort to file concise submissions and include only those supporting materials that are relevant to and probative of the matters at issue. Parties may want to consult the Tribunal Guideline to Making Requests for Product Exclusions as an indication of the approach that is generally adopted by the Tribunal in terms of both burden of proof and evidentiary requirements.
Requests and responses shall be subject to a limit of 55 pages (including relevant forms and any attachments thereto). These parameters will be strictly enforced. The Tribunal will disregard any pages that exceed this limit.
Submissions shall respect the following requirements:
- Page size: 21.5 cm by 28 cm / 8.5 by 11 inches (letter size);
- Font: Times New Roman font size 12 or a comparable font and font size for all text, including quotations from authorities; Times New Roman font size 11 or a comparable font and font size for footnotes;
- Line spacing: At least one and one half lines apart, except for block quotations, which must be indented and single-spaced. Footnotes shall be single-spaced; and
- Margins (top, bottom, left and right): Not less than 2.5 cm / 1 inch.
Confidentiality
In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. The person must also submit either a non-confidential summary of the information designated as confidential, or a statement indicating why such a summary cannot be provided.
Correspondence
Correspondence and questions regarding this notice should be addressed to the Deputy Registrar, Canadian International Trade Tribunal Secretariat (citt-tcce@tribunal.gc.ca). It is also possible to leave a message at 613‑993‑3595.
Communication with the Tribunal may be in English or in French.
General
The Canadian International Trade Tribunal Rules govern these proceedings.
Ottawa, May 10, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Marine
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-068) on May 3, 2021, with respect to a complaint filed by Heiltsuk Horizon Maritime Services Ltd./Horizon Maritime Services Ltd. (Heiltsuk Horizon), of St. John's, Newfoundland and Labrador, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. F7017-160056/C) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans. The solicitation was for the provision of service from two emergency towing vessels on a time charter basis.
Heiltsuk Horizon alleged that PWGSC erred in its evaluation of a mandatory requirement.
Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was not valid.
Further information may be obtained from the Deputy Registrar, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, May 3, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Diesel engines and components
The Canadian International Trade Tribunal has received a complaint (File No. PR-2021-007) from Wärtsilä Canada Incorporated (Wärtsilä), of Mount Pearl, Newfoundland and Labrador, concerning a procurement (Solicitation No. F6855-210015/A) made by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the provision of engine parts for the CCGS Cygnus and CCGS Cape Roger. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal made a decision on May 11, 2021, to conduct an inquiry into the complaint.
Wärtsilä alleges that the contract was awarded to a bidder that did not comply with a mandatory requirement.
Further information may be obtained from the Deputy Registrar, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, May 11, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Vessels, miscellaneous
The Canadian International Trade Tribunal has received a complaint (File No. PR-2021-006) from Wärtsilä Canada Incorporated (Wärtsilä ), of Mount Pearl, Newfoundland and Labrador, concerning a procurement (Solicitation No. F7049-200079/A) made by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the VLE dry-docking of the CCGS Cape Roger and CCGS Cygnus. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal made a decision on May 10, 2021, to conduct an inquiry into the complaint.
Wärtsilä alleges that the contract was awarded to a bidder that did not comply with a mandatory requirement.
Further information may be obtained from the Deputy Registrar, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, May 10, 2021
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (2011), in Part 1 applications, these documents may be examined at the Commission's office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission's website, under “Public proceedings & hearings.”
The following documents are abridged versions of the Commission's original documents.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PART 1 APPLICATIONS
The following applications for renewal or amendment, or complaints were posted on the Commission's website between May 7 and May 13, 2021.
| Application filed by | Application number | Undertaking | City | Province | Deadline for submission of interventions, comments or replies |
|---|---|---|---|---|---|
| Radio Nord-Joli inc. | 2021-0285-4 | CFNJ-FM | Saint-Gabriel-de-Brandon | Quebec | June 11, 2021 |
| Canadian Broadcasting Corporation | 2021-0288-8 | CBZB-FM | Boiestown | New Brunswick | June 11, 2021 |
| Decision number | Publication date | Applicant's name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2021-168 | May 11, 2021 | Mohawk Multi Media | CKHQ-FM | Kanesatake | Quebec |
| 2021-169 | May 11, 2021 | Byrnes Communications Inc | CFLZ-FM | Fort Erie | Ontario |
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Bélanger, Janin)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Janin Bélanger, Acting Contract Officer, National Defence, to seek nomination as, and be, a candidate before and during the election period for the positions of Councillor, Ward Grandes-Terres, and Mayor for the Town of Otterburn Park, Quebec, in the municipal election to be held on November 7, 2021.
May 6, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (De Léséleuc, Mathieu)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Mathieu De Léséleuc, Financial Officer, Fisheries and Oceans Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor for the Village of Stanley, New Brunswick, in the municipal election expected to be held on May 10, 2021.
May 7, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Grenon, Gérald)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Gérald Grenon, Medical Imaging Technologist, National Defence, to seek nomination as, and be, a candidate before and during the election period for the positions of Councillor and Mayor for the Municipality of Saint-Georges-de-Clarenceville, Quebec, in a municipal election to be held on November 7, 2021.
April 27, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Jackson, Darlene)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Darlene Jackson, Desmarais Detachment Service Supervisor, Royal Canadian Mounted Police, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor for the Municipal District of Opportunity No. 17, Alberta, in the municipal election scheduled to take place on October 18, 2021.
May 7, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Leblanc, Michael)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Michael Leblanc, Pension Assistant, Public Services and Procurement Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor, for the Town of Bouctouche, New Brunswick, in the municipal election expected to be held on May 10, 2021.
April 30, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Morissette-Larcher, Michel)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Michel Morissette-Larcher, Junior Analyst, Infrastructure Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor, Parc-de-la-Montagne – Saint-Raymond District, for the City of Gatineau, Quebec, in a municipal election to be held on November 7, 2021.
April 23, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Plourde, Louise)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Louise Plourde, Programmer Analyst Team Leader, Employment and Social Development Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Local Service District Advisory Committee Member for the Parish of Moncton, New Brunswick, in the municipal election expected to be held on May 13, 2021.
April 23, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Rouleau, Yve)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Yve Rouleau, Support Analyst, Fisheries and Oceans Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor for the Municipality of Saint-Anaclet-de-Lessard, Quebec, in the municipal election expected to be held on November 7, 2021.
May 7, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Simon, Joubert)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Joubert Simon, Senior Manager of Operational Expertise, Employment and Social Development Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor, District 7, for the Town of Repentigny, Quebec, in the municipal election expected to be held on November 7, 2021.
May 5, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Tremblay-Larouche, Daniel)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Daniel Tremblay-Larouche, Information Returns Processing Clerk, Canada Revenue Agency, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor for the City of Saguenay, Quebec, in the municipal election expected to be held on November 7, 2021.
April 26, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Update to permission granted (Johnston, Samuel Jude)
Whereas on January 31, 2020, the Public Service Commission of Canada gave notice that, pursuant to section 116 of the Public Service Employment Act, it has granted permission, pursuant to subsection 115(2) of the said Act, to Samuel Jude Johnston, Deputy Warden, Atlantic Institution, Correctional Service Canada, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor for the City of Miramichi, New Brunswick, in a municipal election scheduled to be held on May 11, 2020; and
Whereas the Province of New Brunswick postponed their municipal elections by one year until May 10, 2021, due to the COVID-19 pandemic;
The Public Service Commission has extended the permission it has granted to the requestor Samuel Jude Johnston until May 10, 2021, the date of the rescheduled New Brunswick municipal elections.
May 4, 2021
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate