Trade, Broadcasting, and Turtle Notices

Summary#

This COMMISSIONS section of the Canada Gazette (published August 1, 2020) lists several public notices. It includes an appeal hearing about how a Keurig K40 coffee brewer is classified for customs purposes, two final rulings by the Canadian International Trade Tribunal that rejected procurement complaints, a routine posting notice from the Canadian Radio-television and Telecommunications Commission, and a Parks Canada Agency notice that critical habitat for the Blanding’s Turtle in Rouge National Urban Park will be subject to protection under the Species at Risk Act after 90 days.

What it does#

• Appeal hearing about tariff classification

  • Schedules a public hearing by videoconference in Keurig Canada Inc. v. President of the Canada Border Services Agency over the classification of the Keurig K40 Elite Automatic Single Cup Brewing System.
  • The hearing date is September 1, 2020.
  • The question is whether the device is a "coffee maker" (tariff item 8516.71.10) or an "other electro-thermic appliance" (tariff item 8516.79.90).

• Two Tribunal determinations on procurement complaints

  • On June 29, 2020, in File No. PR-2019-060 the Canadian International Trade Tribunal found the complaint by Valley Associates – Global Security Corporation (Ottawa) about Solicitation No. W8476-195904/A (high-risk search equipment and detection tools) was not valid.
  • On July 20, 2020, in File No. PR-2019-067 the Tribunal found the complaint by Northern Ireland Security Intelligence Training International Ltd. (NISIT) about Solicitation No. W8476-196077/A (explosives detection equipment) was not valid.
  • Both procurements were by Public Works and Government Services Canada on behalf of the Department of National Defence.

• CRTC postings and a broadcasting application

  • Reminds the public that the Canadian Radio-television and Telecommunications Commission posts decisions and applications online.
  • Notes an application from Radio Boréale for CHOW-FM in Amos, Quebec, with a deadline for interventions of August 21, 2020.

• Protection of turtle critical habitat

  • Announces that the critical habitat for the Blanding’s Turtle (Great Lakes / St. Lawrence population) identified in the recovery strategy and located in Rouge National Urban Park will be covered by subsection 58(1) of the Species at Risk Act.
  • That protection takes effect 90 days after publication — given the notice date, that would be October 30, 2020 (publication was August 1, 2020).

Who's affected#

• Importers, customs brokers, retailers and owners of the Keurig K40 model — the tariff classification could change how much duty or which rules apply at the border.
• Companies that bid on federal security and detection equipment contracts, including Valley Associates and NISIT, and the procurement staff at Public Works and Government Services Canada and the Department of National Defence — the Tribunal upheld the contract awards in these cases.
• Broadcasters and community radio stakeholders — especially Radio Boréale and CHOW-FM in Amos, Quebec — and anyone who wants to intervene in that CRTC application by August 21, 2020.
• People who live near or use Rouge National Urban Park, park managers, conservation groups, and developers — the identified habitat for the Blanding’s Turtle will be subject to protections under the Species at Risk Act starting October 30, 2020.

Why it matters#

• Tariff classification disputes can change import costs and whether a product is allowed or subject to special rules. The Keurig hearing could affect businesses that import or sell that model.
• The Tribunal decisions confirm that the contested procurement awards stand. That matters to suppliers competing for government security contracts and taxpayers wanting fairness in how contracts are awarded.
• The CRTC notice points to openings for public input on broadcasting decisions and reminds broadcasters where to find up-to-date filings.
• Applying subsection 58(1) of the Species at Risk Act to the turtle’s critical habitat brings legal protection to those specific areas in Rouge National Urban Park, which can limit activities that would harm the habitat and supports conservation of a species at risk.