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TABLE OF CONTENTS

• DECISION
• STATEMENT OF REASONS
  • DECISION

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IN THE MATTER OF a complaint filed pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47

BY

MEDIAMIX INTERACTIVE INC.

AGAINST

THE MINISTRY OF NATURAL RESOURCES

Pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal has decided not to conduct an inquiry into the complaint.

Serge Fréchette
Serge Fréchette
Presiding Member

Dominique Laporte
Dominique Laporte
Secretary

1. Pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act ¹ and subject to the Canadian International Trade Tribunal Procurement Inquiry Regulations,² the Canadian International Trade Tribunal (the Tribunal) has jurisdiction to inquire into complaints by potential suppliers concerning any aspect of the procurement process that relates to a designated contract.

2. The complaint relates to a procurement (Request for Proposal No. OSS 075566) by the Ontario Ministry of Natural Resources (the Ministry) for the provision of all services relating to the Ontario Parks Reservation and Registration Service.

3. Mediamix Interactive Inc. (Mediamix) alleges that its contract was improperly cancelled and that a new contract was outsourced by the Ministry.

4. Section 30.1 of the CITT Act defines “designated contract” as “. . . a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations”.

5. Subsection 3(1) of the Regulations provides that, for the purposes of the definition of “designated contract” in section 30.1 of the CITT Act, any contract or class of contract concerning a procurement of goods or services or any combination of goods or services, as described in Article 1001 of the North American Free Trade Agreement,³ Article 502 of the Agreement on Internal Trade,⁴ Article 1 of the Agreement on Government Procurement,⁵ Article Kbis-01 of Chapter Kbis of the Canada-Chile Free Trade Agreement ⁶ or Article 1401 of Chapter Fourteen of the Canada-Peru Free Trade Agreement,⁷ by a government institution, is a designated contract.

6. Section 30.1 of the CITT Act defines “government institution” as “. . . any department or ministry of state of the Government of Canada, or any body or office, that is designated by the regulations”.

7. Subsection 3(2) of the Regulations designates the federal government entities set out in the Schedule of Canada in Annex 1001.1a-1 of NAFTA, under the heading “CANADA” in Annex 502.1A of the AIT, under the heading “CANADA” in Annex 1 of the AGP, in the Schedule of Canada in Annex Kbis-01.1-1 of Chapter Kbis of the CCFTA or in the Schedule of Canada in Annex 141.1-1 of Chapter Fourteen of the CPFTA as government institutions.

8. The Tribunal notes that the Ministry is not listed in any of these schedules or annexes. The Tribunal finds that the Ministry is not a covered federal government entity and, as such, is not a “government institution” as described in the agreements.

9. For this reason, the Tribunal finds that the contract is not a “designated contract”.

10. Given that the procurement at issue does not relate to a designated contract, the Tribunal lacks the jurisdiction to inquire into the complaint and considers the matter closed.

DECISION

11. Pursuant to subsection 30.13(1) of the CITT Act, the Tribunal has decided not to conduct an inquiry into the complaint.

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¹ . R.S.C. 1985 (4th Supp.), c. 47 [CITT Act].

² . S.O.R./93-602 [Regulations].

³ . North American Free Trade Agreement between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America, 17 December 1992, 1994 Can. T.S. No. 2 (entered into force 1 January 1994) [NAFTA].

⁴ . 18 July 1994, C. Gaz. 1995.I.1323, online: Internal Trade Secretariat <http://www.ait-aci.ca/index_en/ait.htm> [AIT].

⁵ . 15 April 1994, online: World Trade Organization <http://www.wto.org/english/docs_e/legal_e/final_e.htm> [AGP].

⁶ . Free Trade Agreement between the Government of Canada and the Government of the Republic of Chile, 1997 Can. T.S. No. 50 (entered into force 5 July 1997) [CCFTA]. Chapter Kbis, entitled “Government Procurement”, came into effect on September 5, 2008.

⁷ . Free Trade Agreement between Canada and the Republic of Peru, online: Department of Foreign Affairs and International Trade <http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-... (entered into force 1 August 2009) [CPFTA].