FOREIGN TRADE |
Aliments Dorchester Inc. v. Canada (Department of Foreign Affairs and International Trade)
T-1922-99
Pinard J.
26/1/01
6 pp.
Application for judicial review of two decisions by Department of Foreign Affairs and International Trade denying plaintiff share of chicken tariff quota (TQ) for 1999 and 2000 allocated to chicken processors whose products are not on "Import Control List"--In application for 1999 quota, Exceldor informed Department Aliments Dorchester Inc. would cease operations in January 1999 and Exceldor was result of merger of cooperatives which held and hold 100% of Aliments Dorchester Inc. shares--Application dismissed--Export and Import Permits Act giving Minister discretionary power to authorize transfer of import permit to other resident--Minister's refusal to authorize such transfer unimpeachable if Minister exercised statutory discretion in good faith--Further, since Exceldor not processor of chicken-based products within meaning of Allocation Method Order (Chicken and Chicken Products), s. 2(1)(b) and TQ application made pursuant to that provision, this reason by itself suffices to dismiss application--Finally, since Aliments Dorchester is separate body corporate and ceased all production in January 1999, import quotas requested for remainder of 1999 and for 2000 could not be used without first being transferred, with Minister's consent, by Aliments Dorchester to another qualified resident--As such transfer never requested, or approved by Minister, import quotas sought by Exceldor could not be allocated--Allocation Method Order (Chicken and Chicken Products), SOR/96-388, s. 2(1)(b)--Export and Import Permits Act, R.S.C., 1985, c. E-19.