Canada Gazette, Part I, Volume 153, Number 19: COMMISSIONS

May 11, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2019-004

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced hereunder. The 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
Schlumberger Reservoir Evaluation Wire v. President of the Canada Border Services Agency
Date of Hearing June 13, 2019
Appeal No. AP-2018-049
Goods in Issue UltraJet 3406 HMX Item No. H447754 shaped charges
Issue Whether the goods in issue are properly classified under tariff item No. 3602.00.00 as prepared explosives, other than propellent powders, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8479.90.90 as other parts of machines and mechanical appliances having individual functions, not specified or included elsewhere in Chapter 84, as claimed by Schlumberger Reservoir Evaluation Wire.
Tariff Items at Issue

Schlumberger Reservoir Evaluation Wire—8479.90.90

President of the Canada Border Services Agency—3602.00.00

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Communications, detection and fibre optics

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination on April 26, 2019, with respect to a complaint (File No. PR-2018-049) filed by Accipiter Radar Technologies Inc. (Accipiter), of Fonthill, Ontario, 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. F7048-160039/B) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans (DFO). The solicitation was for the provision of radar equipment replacement for the DFO.

Accipiter alleged that PWGSC unfairly conducted the procurement process, erred in the evaluation of Accipiter’s bid and improperly cancelled the solicitation.

Having examined the evidence presented by the parties, the Tribunal determined that the complaint was valid in part.

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), 613‑990‑2439 (fax), citt-tcce@tribunal.gc.ca (email).

Ottawa, April 26, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Professional, administrative and management support services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination on May 1, 2019, with respect to a complaint (File No. PR-2018-064) filed by Raymond Chabot Grant Thornton Consulting Inc. (RCGT), 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 procurement (Solicitation No. 1000203010) by Health Canada. The solicitation was for the provision of consultants to support various change management/transformational initiatives.

The Tribunal inquired into RCGT’s allegation that Health Canada erred in the evaluation of the Knowledge Management Consultant category.

Having examined the evidence presented by the parties and considered the provisions of the Canadian Free Trade Agreement, the North American Free Trade Agreement and the Agreement on Government Procurement, 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, May 1, 2019

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Materials handling equipment

The Canadian International Trade Tribunal has received a complaint (File No. PR-2019-007) from Pennecon Hydraulic Systems (Pennecon), of St. John’s, Newfoundland and Labrador, 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 is 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. 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 April 30, 2019, to conduct an inquiry into the complaint.

Pennecon alleges that the successful bidder does 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.

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, May 1, 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

PART 1 APPLICATIONS

The following applications for renewal or amendment, or complaints were posted on the Commission’s website between April 26 and May 2, 2019.

Application filed by Application number Undertaking City Province Deadline for submission of interventions, comments or replies 
Canadian Broadcasting Corporation 2019-0295-8 CBHY-FM Yarmouth Nova Scotia June 3, 2019
Canadian Broadcasting Corporation 2019-0296-6 CBAF-FM-9 Yarmouth Nova Scotia June 3, 2019
Canadian Broadcasting Corporation 2019-0297-4 CBAX-FM-3 Yarmouth Nova Scotia June 3, 2019
ADMINISTRATIVE DECISIONS
Applicant’s name Undertaking City Province Date of decision
Centre communautaire "Bon Courage" de Place Benoît CJPB-FM Montréal (borough of
Saint-Laurent)
Quebec April 25, 2019
DECISIONS
Decision number Publication date Applicant’s name Undertaking City Province
2019-125 April 30, 2019 Leclerc Communication inc. CHOI-FM;
CKLX-FM
Quebec and Montréal Quebec
2019-126 May 2, 2019 Quebecor Media
Inc., on behalf of
9261-1813 Québec inc.
Zeste;
Évasion
Montréal Quebec

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave granted (Mulligan, Sean Joseph)

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 Sean Joseph Mulligan, Passport Clerk, Service Canada, Department of Employment and Social Development, 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 Ottawa West-Nepean, Ontario. 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.

April 25, 2019

Patrick Borbey
President

D. G. J. Tucker
Commissioner