IN THE MATTER OF a complaint filed by Hakson Safety Wears Inc. pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a decision by the Canadian International Trade Tribunal to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a motion by the Department of Public Works and Government Services to dismiss the complaint pursuant to paragraph 10(1)(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations.

ORDER

WHEREAS Hakson Safety Wears Inc. (Hakson) filed this complaint on December 28, 2022;

AND WHEREAS the Canadian International Trade Tribunal accepted the complaint for inquiry on January 4, 2023, pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act (CITT Act) and subsection 7(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations);

AND WHEREAS, on January 24, 2023, the Department of Public Works and Government Services (PWGSC) requested that the Tribunal dismiss the complaint pursuant to paragraph 10(1)(a) of the Regulations on the ground that the complaint has no valid basis because PWGSC has not rejected Hakson’s bid and Hakson has therefore not been denied the relief it seeks;

AND WHEREAS PWGSC requested in the alternative that the Tribunal cease its inquiry pursuant to subsection 30.13(5) of the CITT Act on the ground that the complaint is moot and therefore trivial;

AND WHEREAS the email correspondence dated December 23, 2022, accompanying the motion by PWGSC, establishes that Hakson’s bid is still being evaluated and has not been rejected;

AND WHEREAS Hakson did not provide to the Tribunal the email correspondence of December 23, 2022, when it filed the complaint;

AND WHEREAS Hakson agrees that the Tribunal should dismiss the complaint;

AND WHEREAS paragraph 10(1)(a) of the Regulations provides that the Tribunal may dismiss a complaint where it has no valid basis in light of the CITT Act, the Regulations, and any applicable trade agreements;

AND WHEREAS PWGSC has not requested costs on the motion;

THEREFORE, pursuant to paragraph 10(1)(a) of the Regulations, the Tribunal grants PWGSC’s motion and dismisses Hakson’s complaint, without costs.

AND, THEREFORE, the postponement of award of contract order issued on January 5, 2023, is rescinded.