Trade Tribunal determinations and inquiries

Summary#

The Canada Gazette lists several recent actions by the Canadian International Trade Tribunal, including a procurement complaint found valid, a finding that certain imported pea protein from the People’s Republic of China caused injury to the Canadian industry, an inquiry opened into a prefabricated-structure procurement, and the continuation of an existing finding on corrosion-resistant steel. These items were reported between October 16, 2024 and November 21, 2024.

What it does#

• The Tribunal determined a complaint by Fraser River Pile & Dredge (GP) Inc. (FRPD) about a government procurement (solicitation WS4399659650) for Phase II of the Okeover small craft harbour wharf reconstruction was valid. FRPD had alleged unfair advantage, lack of transparency and conflict of interest. (Decision dated November 21, 2024.)
• The Tribunal found, under the Special Import Measures Act (SIMA), that the dumping and subsidizing of certain pea protein from the People’s Republic of China caused injury to the Canadian domestic industry, and that imports were considerable and massive. The Tribunal also said those imports are not likely to seriously undermine the remedial effect of duties. (Finding dated November 19, 2024.)
• The Tribunal decided to conduct an inquiry into a complaint by Quatrex Environnement Inc. about a National Research Council procurement (solicitation 24-58051) for an outdoor prefabricated hazardous chemical waste storage building. Quatrex alleges the winning bid did not meet mandatory requirements. (Decision to inquire dated October 16, 2024.)
• The Tribunal continued a previous finding (expiry review RR-2023-008) from February 21, 2019 about the dumping of corrosion-resistant flat-rolled steel sheet products originating in or exported from the People’s Republic of China, Chinese Taipei, the Republic of India and the Republic of Korea. (Order dated November 20, 2024.)
• The Gazette also includes shorter notices from other bodies: the Canadian Radio-television and Telecommunications Commission (CRTC) posting consultations and decisions, and the Public Service Commission granting permissions and leaves to named public servants who plan to run for office.

Who's affected#

• Companies that bid on or were involved in the Okeover wharf procurement, including FRPD, the contracting department named in the solicitation, and other bidders.
• Canadian pea protein producers and food manufacturers that use pea protein, as well as importers and exporters of pea protein linked to the People’s Republic of China.
• Suppliers of prefabricated hazardous chemical waste storage buildings and the National Research Council of Canada, plus bidders in solicitation 24-58051.
• Canadian makers, importers and users of corrosion-resistant flat-rolled steel, and exporters from the four named countries (People’s Republic of China, Chinese Taipei, Republic of India, Republic of Korea).
• Broadcasters and telecommunications stakeholders who follow CRTC proceedings; and public servants named in the Public Service Commission notices who have been given permission or leave to seek elected office.

Why it matters#

• A complaint found valid in a public procurement can affect who gets a government contract and may lead to a re-evaluation or other remedies. That matters for local contractors and taxpayers who want fair, transparent bidding.
• The pea protein finding means the Tribunal found harm to the domestic industry from dumped or subsidized imports. This could influence duties, market supply, and costs for Canadian food producers that use pea protein.
• An inquiry into the prefabricated building procurement can delay or change the contract outcome. Firms that bid or plan to bid on similar public contracts should pay attention.
• Continuing the finding on corrosion-resistant steel keeps existing trade remedies in place. That affects domestic steel makers, importers, and any Canadian businesses that rely on those steel products.
• The CRTC and Public Service Commission notices are routine but matter to people involved in broadcasting regulation and public servants running for office.