Canada Gazette, Part I, Volume 153, Number 37: COMMISSIONS

September 14, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2019-014

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held beginning at 9:30 a.m. in the Tribunal’s Hearing Room No. 2, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613‑998‑9908 to obtain further information and to confirm that the hearing will be held as scheduled.

Customs Act
SML Canada Acquisition Corp. dba Steve Madden Canada v. President of the Canada Border Services Agency

Date of Hearing

October 15, 2019

Appeal No.

AP-2019-001

Goods in Issue

Footwear

Issue

Whether, as claimed by Steve Madden Canada, certain commissions paid by Steve Madden Canada to Madden International Limited constitute fees paid or payable by the purchaser to its agent within the meaning of subparagraph 48(5)(a)(i) of the Act, such that they should not be included in the price paid or payable in determining the value for duty of the imported goods.

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Materials handling equipment

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2019-007) on September 4, 2019, with respect to a complaint filed by Pennecon Hydraulic Systems (Pennecon), 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. W8482-156383/B) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation was for the provision of electro-hydraulic marine cranes, with associated detailed engineering design data and technical data package, for the Royal Canadian Navy Halifax-class ships.

Pennecon alleged that the successful bidder did not possess the experience required by the mandatory technical evaluation criteria of the Request for Proposal and that PWGSC improperly disqualified the bid submitted by Pennecon and its supplier.

Having examined the evidence presented by the parties and considered the provisions of the Canadian Free Trade Agreement, the Tribunal determined that the complaint was not valid.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, September 4, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER

Certain fasteners

The Canadian International Trade Tribunal hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its order made on January 5, 2015, in Expiry Review No. RR-2014-001, continuing, with amendment, its order made on January 6, 2010, in Expiry Review No. RR-2009-001, continuing, with amendment, its findings made on January 7, 2005, in Inquiry No. NQ-2004-005, concerning the dumping of certain carbon steel fasteners originating in or exported from the People’s Republic of China and Chinese Taipei and the subsidizing of such products originating in or exported from the People’s Republic of China, is scheduled to expire (Expiry No. LE-2019-001) on January 4, 2020, unless the Tribunal has initiated an expiry review.

Interested firms, organizations, persons or governments wishing to make submissions on whether an expiry review is warranted must file a notice of participation with the Tribunal on or before Monday, September 23, 2019. Each counsel who intends to represent a party in these proceedings must also file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before Monday, September 23, 2019. The Tribunal will distribute the list of participants on Tuesday, September 24, 2019. The deadline for filing submissions is Tuesday, October 1, 2019. If there are opposing views, each party may file a response no later than Friday, October 11, 2019.

Submissions should include concise argument and supporting evidence concerning

Anyone who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must, among other things, submit a non-confidential edited version or summary, or a statement indicating why such a summary cannot be made. For more information, please see the Tribunal’s Confidentiality Guidelines.

Documents should be filed electronically through the Tribunal’s Secure E-filing Service. Only one electronic copy is required.

Counsel and parties are required to serve their submissions on each other on the same dates they file their submissions. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. Submissions that contain information that is confidential to your company/government or your client may be served by electronic means provided you are willing to accept the associated risks. Submissions that contain confidential information belonging to a company/government that is not your own or that is not represented by you must be served by courier. One electronic copy of proof of service must be served on the Tribunal.

The Tribunal will decide by October 28, 2019, on whether an expiry review is warranted. If not warranted, the order will expire on its scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.

The Tribunal’s Expiry Review Guidelines can be found on its website.

Enquiries regarding this notice should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, September 6, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Marine

The Canadian International Trade Tribunal has received a complaint (File No. PR-2019-029) from Heddle Marine Services Inc. (Heddle Marine), of Hamilton, Ontario, concerning a procurement (Solicitation No. F7013-190036/B) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans. The solicitation is a Letter of Interest/Invitation to Qualify for the provision of a shipyard. 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 August 29, 2019, to conduct an inquiry into the complaint.

Heddle Marine alleges that PWGSC breached its duty to conduct a fair competition by structuring the solicitation to predetermine and/or unduly favour one bidder and exclude other bidders, as well as by engaging in closed consultations with one bidder.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, August 30, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Thermoelectric containers

Notice is hereby given that, on September 5, 2019, the Canadian International Trade Tribunal continued its order (Expiry Review No. RR-2018-004) made on December 9, 2013, in Expiry Review No. RR-2012-004, in respect of thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in or exported from the People’s Republic of China.

Ottawa, September 5, 2019

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website the decisions, notices of consultation and regulatory policies that it publishes, as well as information bulletins and orders. On April 1, 2011, the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure came into force. As indicated in Part 1 of these Rules, some broadcasting applications are posted directly on the Commission’s website, under “Part 1 Applications.”

To be up to date on all ongoing proceedings, it is important to regularly consult “Today’s Releases” on the Commission’s website, which includes daily updates to notices of consultation that have been published and ongoing proceedings, as well as a link to Part 1 applications.

The following documents are abridged versions of the Commission’s original documents. The original documents contain a more detailed outline of the applications, including the locations and addresses where the complete files for the proceeding may be examined. These documents are posted on the Commission’s website and may also be examined at the Commission’s offices and public examination rooms. Furthermore, all documents relating to a proceeding, including the notices and applications, are posted on the Commission’s website under “Public Proceedings.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

Decision number

Publication date

Applicant’s name

Undertaking

City

Province

2019-305

August 29, 2019

Intercity Broadcasting Network Inc.

CKFG-FM

Toronto

Ontario

2019-306

August 29, 2019

Bell Canada

Various terrestrial broadcasting distribution undertakings

Various locations

 

2019-312

September 4, 2019

Bell Canada

Great Wall Elite

Across Canada

 

2019-313

September 4, 2019

Bell Canada

Zhejiang International Channel

Across Canada

 

2019-314

September 4, 2019

Harvest Ministries Sudbury

CJTK-FM

Sudbury

Ontario

NOTICES OF CONSULTATION

Notice number

Publication date of the notice

City

Province

Deadline for filing of interventions, comments or replies OR hearing date

2019-303

August 28, 2019

Gatineau

Quebec

Septembre 27, 2019

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave granted (Lussier, Julien)

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 114(4) of the said Act, to Julien Lussier, Operational Support Analyst, Immigration, Refugees and Citizenship Canada, to seek nomination as a candidate, before and during the election period, and to be a candidate, before the election period, in the federal election in the electoral district of LaSalle–Émard–Verdun, Quebec. The date of the election is October 21, 2019.

The Public Service Commission of Canada, pursuant to subsection 114(5) of the said Act, has also granted a leave of absence without pay during the election period, effective the first day the employee is a candidate during the election period.

August 30, 2019

Patrick Borbey
President

D. G. J. Tucker
Commissioner