Flag Connection Inc. v. Canada ( Minister of Public Works and Government Services ), 2005 FC 155, [2006] 2 F.C.R. D-11


PUBLIC WORKS

Flag Connection Inc. v. Canada (Minister of Public Works and Government Services)

T-1820-04

2005 FC 155, von Finckenstein J.

3/2/05

12 pp.

Applicant, company in business of manufacturing flags, arguing respondent's practice of purchasing flags contrary to National Flag of Canada Manufacturing Standards Act-- Respondent issuing request for proposal (RFP) for flags for promotional purposes--Applicant arguing RFP contrary to Act, s. 3 (which requires flags purchased, used for government purposes be manufactured in compliance with applicable standards)--Canadian flags purchased for promotional purposes by Department of Canadian Heritage (CH) purchased as part of mandate to promote Canadian symbols--Such purchase not amounting to purchase for government purposes, thus not falling under Act, s. 3--If every purchase in discharge of mandate amounted to purchase, use "for government purposes", these words in s. 3 would be superfluous--Phrase "official use" referring to use by government body performing official government functions-- This interpretation strengthened by French version of s. 3 which refers to "fins officielles"--Dictionary definitions demonstrating "officiel" referring to formal, ceremonial functions of government--In any event, purpose for which flags used, bought determined by ultimate use, not RFP-- Here, flags purchased by CH for direct, indirect distribution to public--No way of telling where, for what purpose will be used--Thus, use of words "outdoor use" in RFP not establishing actual outdoor use--Flags purchased for promotional use, not falling into any of categories established by Act. s. 2(1), and no standard set for promotional use--As for reasonable apprehension of bias, none of allegations borne out by record--Application denied--National Flag of Canada Manufacturing Standards Act, R.S.C., 1985, c. N-9, ss. 2(1), 3.

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