Canada Gazette, Part I, Volume 155, Number 1: COMMISSIONS
January 2, 2021
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Certain grinding — Decisions
On December 17, 2020, pursuant to subsection 31(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) initiated investigations into the alleged injurious dumping and subsidizing of certain grinding media from India.
The subject goods are usually imported under the following tariff classification numbers:
- 7325.91.00.10
- 7325.91.00.90
The Canadian International Trade Tribunal (CITT) will conduct a preliminary inquiry into the question of injury to the Canadian industry. The CITT will make a decision within 60 days of the date of initiation. If the CITT concludes that the evidence does not disclose a reasonable indication of injury, the investigations will be terminated.
Information
The full product definition is found on the CBSA website.
The Statement of Reasons regarding the decisions will be issued within 15 days following the decisions and will be available on the CBSA’s website or by contacting the SIMA Registry and Disclosure Unit by telephone at 613‑948‑4605 or by email at simaregistry@cbsa-asfc.gc.ca.
Representations
Interested persons are invited to file written submissions presenting facts, arguments and evidence relevant to the alleged dumping and subsidizing. During the COVID-19 pandemic written submissions must send electronically to simaregistry@cbsa-asfc.gc.ca. To be given consideration in these investigations, this information should be received by April 26, 2021.
Any information submitted by interested persons concerning these investigations will be considered public information unless clearly marked confidential. When a submission is marked confidential, a non-confidential edited version of the submission also must be provided.
Ottawa, December 17, 2020
Doug Band
Director General
Trade and Antidumping Programs Directorate
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Certain upholstered domestic seating — Decision
On December 21, 2020, pursuant to subsection 31(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) initiated investigations into the alleged injurious dumping and subsidizing of certain upholstered domestic seating from China and Vietnam.
The subject goods are usually classified under the following tariff classification numbers:
- 9401.40.00.00
- 9401.61.10.10
- 9401.61.10.90
- 9401.71.10.10
- 9401.71.10.90
The Canadian International Trade Tribunal (CITT) will conduct a preliminary inquiry into the question of injury to the Canadian industry. The CITT will make a decision within 60 days of the date of initiation. If the CITT concludes that the evidence does not disclose a reasonable indication of injury, the investigations will be terminated.
Information
The full product definition is found on the CBSA website.
The Statement of Reasons regarding the decision will be issued within 15 days following the decision and will be available on the CBSA website or by contacting the SIMA Registry and Disclosure Unit by telephone at 613‑948‑4605 or by email at simaregistry@cbsa-asfc.gc.ca.
Representations
Interested persons are invited to file written submissions presenting facts, arguments and evidence relevant to the alleged dumping and subsidizing. During the COVID-19 pandemic, written submissions must be sent electronically to simaregistry@cbsa-asfc.gc.ca. To be given consideration in these investigations, the CBSA should receive this information by April 30, 2021.
Any information submitted by interested persons concerning these investigations will be considered public information unless clearly marked confidential. When a submission is marked confidential, a non-confidential edited version of the submission must also be provided.
Ottawa, December 21, 2020
Doug Band
Director General
Trade and Antidumping Programs Directorate
CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF PRELIMINARY INJURY INQUIRY
(E-REGISTRY PILOT PROJECT)
Certain grinding media
The Canadian International Trade Tribunal hereby gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry (Preliminary Injury Inquiry No. PI-2020-006) to determine whether there is evidence that discloses a reasonable indication that the dumping and subsidizing of chrome cast iron grinding media in spherical (“ball”) or ovoid shape, with a diameter of 12.7 millimetres (½ inch) to and including 76.2 millimetres (3 inches) within tolerances of 5 percent (5%), with an alloy composition of 10 percent or more (≥ 10% of total mass) chromium (“Cr”) content and produced through the casting method, originating in or exported from the Republic of India (the subject goods), have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA.
The Tribunal’s preliminary injury inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the preliminary injury inquiry must file a notice of participation with the Tribunal on or before December 30, 2020. Each counsel who intends to represent a party in the preliminary injury inquiry must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before December 30, 2020.
Submissions by parties opposed to the complaint must be filed not later than noon (EST), on January 14, 2021. The complainant, as well as supporting parties, may make submissions in response to the submissions of parties opposed to the complaint not later than noon (EST), on January 21, 2021.
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, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a summary cannot be made.
Written submissions, correspondence and requests for information regarding this notice should be addressed to the Deputy Registrar, Canadian International Trade Tribunal Secretariat, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Further details regarding this preliminary injury inquiry, including the schedule of key events, are contained in the sections entitled “Additional Information” and “Preliminary Injury Inquiry Schedule” of the notice of commencement of preliminary injury inquiry available on the Tribunal’s website.
Ottawa, December 18, 2020
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Human resource services, business consulting / change management; project management services
Notice is hereby given that, after completing its inquiry (File No. PR-2020-035), the Canadian International Trade Tribunal made a determination on December 1, 2020, with respect to a complaint filed by PricewaterhouseCoopers LLP (PwC), of Ottawa, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a Request for Proposal (RFP) [Solicitation No. 20191483IRB] by the Immigration and Refugee Board of Canada. The solicitation was for the provision of professional services under the “Business Consulting / Change Management” stream.
PwC alleged that its bid was evaluated using undisclosed criteria and that certain information contained in its bid was not properly considered in the evaluation. PwC also alleged that its bid was not evaluated in accordance with the evaluation criteria stated in the RFP.
Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was valid in part.
Further information may be obtained from the Deputy Registrar, Canadian International Trade Tribunal Secretariat, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), 613‑990‑2439 (fax), citt-tcce@tribunal.gc.ca (email).
Ottawa, December 1, 2020
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Construction services
The Canadian International Trade Tribunal has received a complaint (File No. PR-2020-065) from Joe Parsons Construction Ltd. (JPCL) of Reserve Mines, Nova Scotia, concerning a procurement (Solicitation No. EP899-210725/B) made by the Department of Public Works and Government Services (PWGSC). The solicitation was for the provision of labour, equipment and materials to perform miscellaneous minor earthworks and hydraulic seeding. 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 December 14, 2020, to conduct an inquiry into the complaint.
JPCL alleges that it was prejudiced in the procurement process, as the terms of the re-tendered solicitation were the same as the original solicitation and its bid price was previously published. JPCL also alleges a breach of contract.
Further information may be obtained from the Deputy Registrar, Canadian International Trade Tribunal Secretariat, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), 613‑990‑2439 (fax), citt-tcce@tribunal.gc.ca (email).
Ottawa, December 14, 2020
CUSMA SECRETARIAT
REQUEST FOR PANEL REVIEW
Certain softwood lumber products
Notice is hereby given, in accordance with the Special Import Measures Act and the Canada, United States, Mexico Agreement (CUSMA), that on December 10, 2020, a Request for Panel Review of the final determination made by the United States Department of Commerce, respecting “Certain Softwood Lumber Products from Canada: Final Affirmative Countervailing Duty Administrative Review (2017-2018),” was filed by counsel for McDermott Will & Emery LLP on behalf of the Government of Canada, the Government of Alberta, the Government of British Columbia, the Government of New Brunswick, the Government of Ontario, the Government of Quebec, the Alberta Softwood Lumber Trade Council (ASLTC), the British Columbia Lumber Trade Council (BCLTC), the Conseil de l’industrie forestière du Québec (CIFQ), the Ontario Forest Industries Association (OFIA), J.D. Irving, Limited (JDI), Resolute FP Canada Inc. (Resolute), and West Fraser Mills Ltd. with the United States Section of the CUSMA Secretariat, pursuant to Article 10.12 of the Canada–United States–Mexico Agreement.
The final determination was published in the Federal Register, on December 1, 2020 (85 FR 77163).
The panel review will be conducted in accordance with the CUSMA Rules of Procedure for Article 10.12 Binational Panel Reviews. Subrule 40(1)(c) of the above-mentioned rules provides that
- (i) a Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 44 no later than 30 days after the filing of the first Request for Panel Review, [the deadline for filing a Complaint is January 11, 2021];
- (ii) a Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review must file a Notice of Appearance in accordance with Rule 45 no later than 45 days after the filing of the first Request for Panel Review, [the deadline for filing a Notice of Appearance is January 25, 2021]; and
- (iii) the panel review will be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.
Notices of Appearance and Complaints pertaining to the present panel review, USA-CDA-2020-10.12-01, should be filed with the U.S. Secretary at the USMCA Secretariat, U.S. Section, Room 2061, 1401 Constitution Avenue N.W., Washington, D.C. 20230, United States.
EXPLANATORY NOTE
Chapter 10 of the Canada–United States–Mexico Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a CUSMA country with review by binational panels.
These panels are established, when a Request for Panel Review is received by the USMCA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.
Under Article 10.12 of the Canada–United States–Mexico Agreement, which came into force on July 1, 2020, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 10.12 Binational Panel Reviews. These rules were adopted by the CUSMA Free-Trade Commission on July 2, 2020.
Requests for information concerning the present notice, or concerning the CUSMA Rules of Procedure for Article 10.12 Binational Panel Reviews, should be addressed to the United States (U.S.) Secretary, USMCA Secretariat, U.S. Section, Room 2061, 1401 Constitution Avenue N.W., Washington, D.C. 20230, United States.
Sean Clark
Canadian Secretary
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission and leave granted (Lorencz, Kelly G.)
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 Kelly G. Lorencz, Correctional Officer, Bowden Institution, Correctional Service Canada, to seek nomination as a candidate before and during the election period and to be a candidate before the election period in a federal election in the electoral district of Red Deer–Lacombe, Alberta. The date of the election is scheduled to take place on or before October 16, 2023.
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.
November 5, 2020
Patrick Borbey
President
Fiona Spencer
Commissioner
D. G. J. Tucker
Commissioner
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission and leave granted (Lorencz, Kelly G.)
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 Kelly G. Lorencz, Correctional Officer, Bowden Institution, Correctional Service Canada, to seek nomination as a candidate before and during the election period and to be a candidate before the election period in a provincial election in the electoral district of Innisfail–Sylvan Lake, Alberta. The date of the election is to be scheduled on or before May 31, 2023.
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.
December 11, 2020
Patricia Jaton
Vice-President
Policy and Communications Sector
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Leclerc, Edmond)
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 Edmond Leclerc, Student, Shared Services Canada, to seek nomination as, and be, a candidate, before and during the election period, for the position of Councillor for the City of Gatineau, Quebec, in a municipal election to be held on November 7, 2021.
December 14, 2020
Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate