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


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


2005 FC 155, von Finckenstein J.


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.