Trade Tribunal: Procurement and Pea Protein Rulings

Summary#

The Canadian International Trade Tribunal announced several decisions and actions in its November 2024 bulletin. Key items include a procurement complaint found valid on November 21, 2024 and a finding that imports of certain pea protein from the People’s Republic of China have caused injury to Canadian producers on November 19, 2024.

What it does#

• The Tribunal found the complaint by Fraser River Pile & Dredge (GP) Inc. about a Department of Public Works procurement for the Department of Fisheries and Oceans (solicitation WS4399659650) to be valid. The complaint alleged unfair advantage, lack of transparency and a conflict of interest. The determination was made on November 21, 2024.
• The Tribunal found, under the Special Import Measures Act, that dumping and subsidizing of certain pea protein from the People’s Republic of China caused injury to the Canadian industry. The finding was issued on November 19, 2024 and notes large import volumes and related injury.
• The Tribunal decided to open an inquiry into a complaint from Quatrex Environnement Inc. about a National Research Council solicitation for a prefabricated hazardous chemical waste storage building (decision made October 16, 2024).
• The Tribunal continued a previous finding (expiry review RR-2023-008) on corrosion-resistant flat-rolled steel sheet originating from or exported from the People’s Republic of China, Chinese Taipei, the Republic of India and the Republic of Korea (continued on November 20, 2024).
• The Canadian Radio-television and Telecommunications Commission (CRTC) posted consultation notices and decisions (publication and intervention deadlines noted on its website).
• The Public Service Commission of Canada granted permissions and leaves for several public servants to seek election or run as candidates (examples include permission for Penny Anderson to run in Acadie-Bathurst in a federal election on or before October 20, 2025, and permissions for municipal runs with deadlines in November 2024 and November 2025).

Who's affected#

• Contractors who bid on the Okeover small craft harbour wharf reconstruction and other federal procurement bidders.
• Fraser River Pile & Dredge (GP) Inc. and the winning bidder(s) in that procurement.
• Canadian pea protein processors and importers, and exporters of pea protein from the People’s Republic of China.
• Companies that make or trade corrosion-resistant steel sheet from the named countries, and Canadian buyers of that steel.
• Suppliers of prefabricated hazardous chemical storage buildings and the National Research Council of Canada.
• Broadcasters, telecom companies and other stakeholders who follow CRTC proceedings.
• Named federal employees and the local electorates where they intend to run (examples: Penny Anderson, Jeffrey Harder, Melissa Maddocks, Kethlande Pierre, Curt Regnier, Lydia Michelle Riopka).

Why it matters#

• A valid procurement complaint can delay or change a government contract award and may affect which company does the work and when it starts. The Gazette notice does not say what corrective steps will follow.
• The Tribunal’s SIMA finding on pea protein can lead to duties or other trade measures that affect prices, supply and competition for Canadian processors and food manufacturers. The notice says duties are not likely to be undermined, but the detailed list of affected exporters is in the Tribunal’s full finding.
• The inquiry into the prefabricated structure procurement could affect suppliers’ chances to win the contract and could highlight compliance or safety issues in bids.
• Continuing the steel finding keeps trade remedies in place for those products, which can influence domestic steel prices and availability.
• CRTC notices are where broadcasters and the public can see and respond to regulatory proposals that may affect services and programming.
• Permissions from the Public Service Commission let specific public servants run for elected office; this triggers rules about leaves of absence and political activity for employees.