Canada Gazette, Part I, Volume 155, Number 2: COMMISSIONS
January 9, 2021
2021-01-09

Canada Gazette, Part I, Volume 155, Number 2: COMMISSIONS

January 9, 2021

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Wheat gluten — Decision

On December 23, 2020, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) made a preliminary determination of dumping concerning certain wheat gluten from Australia, Austria, Belgium, France, Germany and Lithuania.

The subject goods are usually imported under the following tariff classification numbers:

  • 1109.00.10.00
  • 1109.00.20.00

The Canadian International Trade Tribunal (CITT) will conduct a full inquiry into the question of injury to the domestic industry and will make an order or finding no later than 120 days after its receipt of the notice of the preliminary determination of dumping.

Pursuant to section 8 of SIMA, provisional duty is payable on subject goods that are released from the CBSA during the period commencing December 23, 2020, and ending on the earlier of the day the investigation is terminated, the day on which the CITT makes an order or finding, or the day an undertaking is accepted.

The amount of provisional duty payable is not greater than the estimated margin of dumping. The Customs Act applies with respect to the accounting and payment of provisional duty. Therefore, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will be available on the CBSA website.

Ottawa, December 23, 2020

Doug Band
Director General
Trade and Anti-dumping Programs Directorate

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2020-017

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held via videoconference. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca at least two business days before the commencement of the hearing to register and to obtain further information.

Customs Act

Scentsy Canada Enterprises ULC v. President of the Canada Border Services Agency

Date of Hearing

February 4, 2021

Appeal No.

AP-2019-021

Goods in Issue

Various scented household products and small appliances

Issues

Whether the sales between Scentsy Canada Enterprises ULC and Scentsy Inc. constitute valid sales for export in accordance with subsection 48(1) of the Customs Act and the Valuation for Duty Regulations; whether the appellant has a permanent establishment in Canada and can therefore be considered a "purchaser in Canada" in accordance with the Valuation for Duty Regulations; and, alternatively, if the appellant is a purchaser in Canada, should the price paid or payable for the goods be adjusted by including all payments made by the appellant to the vendor.

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY (E-REGISTRY SERVICE PILOT PROJECT)

Wheat gluten

Notice was received by the Canadian International Trade Tribunal on December 23, 2020, from the Director General of the Trade and Anti-dumping Programs Directorate at the Canada Border Services Agency (CBSA), stating that a preliminary determination (Inquiry No. NQ-2020-003) had been made respecting the dumping of the subject goods, which are defined as follows: wheat gluten, whether or not blended with wheat flour, salt or any other substance, with a minimum wheat protein content of 40% by weight on a dry basis calculated using a Jones Factor of 5.7, originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania, but excluding (i) devitalized wheat gluten; (ii) hydrolyzed wheat gluten; (iii) wheat protein isolates; and (iv) organic wheat gluten that is certified organic in accordance with and otherwise meets the requirements of the Food and Drugs Act, R.S.C., 1985, c. F-27, and regulations made thereunder, and the Safe Food for Canadians Act, S.C. 2012, c. 24, and regulations made thereunder including the Safe Food for Canadians Regulations, S.O.R./2018-108, all of which as may be amended or replaced from time to time. For greater certainty, the subject goods include but are not limited to vital wheat gluten as defined by the World Health Organization Codex Standard 163-1987, Rev. 1-2001 (“Standard for Wheat Protein Products Including Wheat Gluten”).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Tribunal on or before January 7, 2021. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before January 7, 2021.

The Tribunal will hold a hearing relating to this inquiry in 2021. Given the current COVID-19 situation, the type of hearing, the place, and the exact date will be communicated at a later date.

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. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential, or a statement indicating why such a version or 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, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

The documents entitled “Additional Information” and “Inquiry Schedule” are appended to the notice of commencement of inquiry available on the Tribunal’s website.

Ottawa, December 24, 2020

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF PRELIMINARY INJURY INQUIRY (E-REGISTRY PILOT PROJECT)

Certain upholstered domestic seating

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-2020-007) to determine whether there is evidence that discloses a reasonable indication that the dumping and subsidizing of upholstered seating for domestic purposes, originating in or exported from the People’s Republic of China and the Socialist Republic of Vietnam, whether motion (including reclining, swivel and other motion features) or stationary, whether upholstered with a covering of leather (either full or partial), fabric (including leather-substitutes) or both, including, but not limited to seating such as sofas, chairs, loveseats, sofabeds, daybeds, futons, ottomans, stools and home-theatre seating (“HTS”) [the subject goods], have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA. The product definition excludes

  • (a) stationary (i.e. non-motion) seating upholstered only with fabric (rather than leather), even if the fabric is a leather-substitute (such as leather-like or leather-look polyurethane or vinyl);
  • (b) dining table chairs or benches (with or without arms) that are manufactured for dining room end-use, which are commonly paired with dining table sets;
  • (c) upholstered stools with a seating height greater than 24 inches (commonly referred to as “bar stools” or “counter stools”), with or without backs, and/or foldable;
  • (d) seating manufactured for outdoor use (e.g. patio or swing chairs);
  • (e) bean bag seating; and
  • (f) foldable or stackable seating.

For greater certainty, the product definition includes

  • (a) upholstered motion seating with reclining, swivel, rocking, zero-gravity, gliding, adjustable headrest, massage functions or similar functions;
  • (b) seating with frames constructed from metal, wood or both;
  • (c) seating produced as sectional items or parts of sectional items;
  • (d) seating with or without arms, whether part of sectional items or not; and
  • (e) foot rests and foot stools (with or without storage).

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 Form I — Notice of Participation with the Tribunal on or before January 6, 2021. Each counsel who intends to represent a party in the preliminary injury inquiry must file a Form II — Notice of Representation, as well as a Form III — Declaration and Undertaking, with the Tribunal on or before January 6, 2021. The forms can be found on the Tribunal’s website.

Submissions by parties opposed to the complaint must be filed not later than noon (EST), on January 18, 2021. The complainant and supporting parties may make submissions in response to the submissions of parties opposed to the complaint not later than noon (EST), on January 25, 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, 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 22, 2020

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Commercial security guard and related services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-024) on December 18, 2020, with respect to a complaint filed by Lions Gate Management Group (Lions Gate), of Delta, British Columbia, 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. M2989-202968/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Royal Canadian Mounted Police. The solicitation was for security services.

Lions Gate alleged that PWGSC failed to award the contract in accordance with the terms of the solicitation and that PWGSC was biased in favour of the winning bidder.

Having examined the evidence presented by the parties and considered the provisions of the applicable trade agreement, the Tribunal determined that the complaint was not valid.

Further information may be obtained from the Deputy 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, December 18, 2020

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Waterways, harbours, dams and other water works

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-023) on December 23, 2020, with respect to a complaint filed by Marine International Dragage (M.I.D.) Inc. (hereinafter M.I.D.), of Sorel-Tracy, Quebec, 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. EE517-210222/A) by the Department of Public Works and Government Services. The solicitation was for the removal of concrete structures from the bottom of the Richelieu River.

M.I.D. alleged that the procurement process was marred by conflicts of interest because the contract was awarded to the company that had prepared the plans and specifications for the work requested.

Having examined the evidence presented by the parties and considered the provisions of the applicable trade agreements, the Tribunal determined that the complaint was valid.

Further information may be obtained from the Deputy 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, December 23, 2020

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 December 11 and December 22, 2020.

Application filed by Application number Undertaking City Province Deadline for submission of interventions, comments or replies
Cogeco Media Inc. 2020-0807-8 CHOA-FM-1 Val d’Or Quebec February 5, 2021
North Superior Broadcasting Ltd. 2020-0852-3 and 2020-0853-1 CFNO-FM-5 and CFNO-FM-7 Longlac and Nakina Ontario February 1, 2021
ADMINISTRATIVE DECISIONS
Applicant’s name Undertaking City Province Date of decision
Ottawa Media Inc. CJWL-FM and CKHK-FM Ottawa/Gatineau and Hawkesbury Ontario November 27, 2020
HFX Broadcasting Inc. CKHZ-FM and CKHY-FM Halifax Nova Scotia November 27, 2020
CKDX Radio Limited CKDX-FM Newmarket Ontario November 27, 2020
Dufferin Communications Inc. Various undertakings Various locations in Manitoba and Ontario   November 27, 2020
Evanov Radio Group Inc. CFMB and CHSV-FM Montréal and Hudson/Saint-Lazare Quebec November 27, 2020
CKUA Radio Foundation CKUA-FM and CKUA-FM-4 Edmonton and Grande Prairie Alberta December 17, 2020
DECISIONS
Decision number Publication date Applicant’s name Undertaking City Province
2020-400 December 15, 2020 Cogeco Media Inc. Various commercial radio station Hawkesbury Ontario
2020-401 December 15, 2020 Radio Humsafar Inc. CHRN Montréal Quebec
2020-402 December 17, 2020 10679313 Canada Inc. Various French-language commercial radio stations Various locations in Quebec  
2020-403 December 17, 2020 1760791 Ontario Inc. CINA Mississauga Ontario
2020-405 December 21, 2020 Bell Media Radio Atlantic Inc. Various commercial radio stations Fredericton, New Maryland, Oromocto and Truro New Brunswick and Nova Scotia
2020-406 December 21, 2020 Vista Radio Ltd. Various English-language commercial radio stations Grand Forks, Christina Lake, Greenwood, Rock Creek and Medicine Hat British Columbia and Alberta
2020-407 December 22, 2020 Bell Media Inc. Various commercial radio stations Various locations across Canada  
2020-409 December 22, 2020 Rogers Media Inc. Various English-language commercial radio stations Richmond, Toronto and Tillsonburg British Columbia and Ontario
2020-410 December 22, 2020 Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership, on behalf of Merritt Broadcasting Ltd. MBL Merritt British Columbia

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 22, 2020, a Request for Panel Review of the final determination made by the United States Department of Commerce, International Trade Administration, respecting “Certain Softwood Lumber Products from Canada: Final Results of the Antidumping Duty Administrative Review; 2017-2018”, was filed by Baker & Hostetler LLP on behalf of Resolute FP Canada Inc., the Conseil de l’industrie forestière du Québec (CIFQ), and the Ontario Forest Industries Association (OFIA) [together, “Central Canada”] 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 November 30, 2020 [85 Fed. Reg. 76,519].

The panel review will be conducted in accordance with the CUSMA Article 10.12 Panel Rules. 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 21, 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 February 5, 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-2020-10.12-02, should be filed with the U.S. Secretary at the USMCA Secretariat, U.S. Section, Room 206, 1401 Constitution Avenue N.W., Washington, D.C. 20230.

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 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 Article 10.12 Panel Rules, should be addressed to the United States Secretary, USMCA Secretariat, U.S. Section, Room 206, 1401 Constitution Avenue N.W., Washington, D.C. 20230.

Sean Clark
Canadian Secretary

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, Employment and Social Development 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 for the electoral district of Nepean, Ontario. 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.

December 24, 2020

Patrick Borbey
President

Fiona Spencer
Commissioner

D. G. J. Tucker
Commissioner

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted (Coignaud, René)

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 René Coignaud, Advisor, Canada Revenue Agency, to seek nomination as, and be, a candidate before and during the election period for the position of Councillor, Ward Hull-Wright, for the City of Gatineau, Quebec, in the municipal election to be held on November 7, 2021.

December 24, 2020

Michelle Cornell
Acting Director General
Staffing Support, Priorities and Political Activities Directorate