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Vol. 132, No. 45— November 7, 1998
COMMISSIONS
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
EDP Hardware and Software
In the matter of two complaints filed by Corel Corporation under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), as amended;
And in the matter of decisions to conduct inquiries into the complaints under subsection 30.13(1) of the Canadian International Trade Tribunal Act.
Pursuant to section 30.14 of the Canadian International Trade Tribunal Act (the CITT Act), the Canadian International Trade Tribunal (the Tribunal) determines that the complaint in File No. PR-98-012 is valid because Solicitation No. 46577-7-1709/A was not conducted in accordance with Article 1008 (Tendering Procedures) of the North American Free Trade Agreement (NAFTA), Article VII (Tendering Procedures) of the Agreement on Government Procurement (the AGP) and Article 501 (Purpose) of the Agreement on Internal Trade (the AIT). The Tribunal also determines that the complaint in File No. PR-98-014 is valid because Solicitation No. 46577-7-1709/A was not conducted in accordance with Article 1013 (Tender Documentation) of NAFTA, Article XII (Tender Documentation) of the AGP and Article 506 (Procedures for Procurement) of the AIT.
Pursuant to subsections 30.15(2) and (3) of the CITT Act, the Tribunal recommends, as a remedy, that the Department of Public Works and Government Services (the Department) issue a new solicitation for the procurement at issue. The new solicitation should be conducted in accordance with the provisions of NAFTA, the AGP and the AIT. More specifically, in the particular circumstances of this procurement, it is recommended that, in conducting the new procurement, the Department consider further reducing the impact of the conversion costs in evaluating proposals, in an attempt to provide for effective competition.
In the alternative, if the Department decides not to issue a new solicitation, the Tribunal recommends that the Department present to the Tribunal a proposal for compensation, developed jointly with Corel Corporation (Corel), that recognizes the lost opportunity that Corel experienced by being unable to make a responsive bid in this case and the possibility that it may have been awarded this solicitation. Furthermore, the proposal for compensation should address whether further compensation should be awarded in the context of paragraphs 30.15(3)(a), (b) and (c) of the CITT Act. This proposal is to be presented to the Tribunal within 30 days of receipt of the Tribunal's reasons.
Pursuant to subsections 30.15(4) and 30.16(1) of the CITT Act, the Tribunal awards Corel its reasonable costs in preparing a response to the solicitation and in relation to filing and proceeding with these complaints.
The reasons for the Tribunal's determination will be issued at a later date.
Ottawa, October 26, 1998
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY OF FINDING
Corrosion-resistant Steel Sheet Products
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that its finding made on July 29, 1994, in Inquiry No. NQ-93-007, concerning certain flat-rolled steel sheet products of a thickness not exceeding 0.176 in. (4.47 mm), coated or plated with zinc or an alloy wherein zinc and iron are the predominant metals, excluding automotive exposed qualities designed for and used in the manufacture of outer body components for motor vehicles, originating in or exported from Australia, Brazil, France, the Federal Republic of Germany, Japan, the Republic of Korea, New Zealand, Spain, Sweden, the United Kingdom and the United States of America, is scheduled to expire on July 28, 1999 (Expiry No. LE-98-006). Under the Special Import Measures Act, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding unless a review has been initiated. A review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.
Persons or governments requesting or opposing the initiation of a review of the said finding, pursuant to subsection 76(2) of the Special Import Measures Act, should file 10 copies of written public submissions, containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than December 2, 1998. Persons or governments should endeavour to base their submissions exclusively on public information; however, confidential information relevant to the issues before the Tribunal may be filed if necessary, along with a comprehensive public summary or edited version thereof.
Submissions should address all relevant factors, including:
— the likelihood of the continuation or the resumption of dumped imports if the finding were allowed to expire, with supporting information, including information relating to exporters in Australia, Brazil, France, the Federal Republic of Germany, Japan, the Republic of Korea, New Zealand, Spain, Sweden, the United Kingdom and the United States of America with regard to their activities in the Canadian market, their domestic market and other markets;
— the likely volumes and price ranges of dumped imports if they were to continue or to resume;
— the domestic industry's performance since the finding, including trends in its production, sales, market share and profits;
— the likelihood of material injury to the domestic industry if the finding were allowed to expire, having regard to the anticipated effects of a resumption of dumped imports on the industry's future performance;
— other developments affecting, or likely to affect, the performance of the domestic industry; and
— any other change in market conditions, domestically or internationally, including changes in the supply and demand for certain corrosion-resistant steel sheet products, as well as changes in trends and sources of imports into Canada.
Where there are opposing views, each person or government who filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government who filed a submission with the Tribunal. Those persons or governments will have one week to respond in writing to the submissions. If confidential submissions have been filed, the Secretary will notify persons or governments on how they may access these submissions through qualified counsel.
The purpose of a review is to determine whether an order or finding should be continued, with or without amendment, or rescinded. If the Tribunal decides that a review is not warranted, an order, with reasons, will be issued. An order or finding will expire unless a review is initiated before its expiry date.
If the Tribunal decides to initiate a review, it will issue a notice of review with all relevant information regarding the proceeding. The Tribunal will publish the notice in the Canada Gazette and send it to all persons or governments known to the Tribunal as having an interest in the review, who will then have an opportunity to participate in the review.
Written submissions, correspondence or requests for information regarding this notice should be addressed to: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).
Written or oral communications to the Tribunal may be made in English or in French.
Ottawa, October 28, 1998
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
NOTICE NO. HA-98-008
Appeals
The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. Unless otherwise specified, the hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.
Excise Tax Act
Appellant v. Respondent (Minister of National Revenue)
December 1998
Date |
Appeal Number |
Appellant |
|---|---|---|
| 2(see footnote a) | AP-97-086 | Beatrice Foods Inc. Section 68 and subsection 2(1) |
| 2(see footnote b) | AP-97-087 | Canada Safeway Limited Section 68 and subsection 2(1) |
| 2(see footnote c) | AP-97-088 | H & R Transport Limited Section 68 and subsection 2(1) |
| 2(see footnote d) | AP-97-089 | Porter Trucking Ltd. Section 68 and subsection 2(1) |
| 2(see footnote e) | AP-97-090 | Robyn's Trucking Services Ltd. Section 68 and subsection 2(1) |
Customs Act
Appellant v. Respondent (Deputy Minister of National Revenue)
December 1998
Date |
Appeal Number |
Appellant |
|---|---|---|
| 1(see footnote f) | AP-96-057 Goods in Issue: Prohibited Weapon |
Catherine Roozen Pepper spray |
| 1(see footnote g) | AP-95-128 Goods in issue: Date of Entry: At Issue: |
Nowsco Well Service Ltd. Coiled steel tubing October 15, 1993 Applicability of Code 1553 or Code 1485 |
| 3(see footnote h) | AP-97-074 Goods in issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent: |
C.L. Blue Systems Ltd. Satellite television reception systems January 17 to July 4, 1996 8529.90.91 8528.12.99 |
| 14 | AP-98-008 and AP 98-009 Goods in issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent: |
Strub Brothers Limited Pickles June 25, 1996, to February 12, 1997 2001.90.90 2001.10.00 |
| 15 | AP-97-104 Goods in issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent: |
Transilwrap of Canada, Ltd. Polyester (polyethylene terephthalate) film with adhesive backing for laminating purposes February 23, 1994, to December 27, 1995 3920.62.00 and Code 7934 3920.10.00 |
| 16 | AP-98-043 Goods in issue: Date of Entry: Tariff Items at Issue Appellant: Respondent: |
Regal Confections Inc. Toy baby bottles filled with candy November 6, 1995 9503.90.00 1704.90.90 |
| 17 | AP-98-044 Goods in issue: Date of Entry: Tariff Items at Issue Appellant: Respondent: |
Regal Confections Inc. Electro-mechanical motorized toy candy dispenser, called "Power Pez" November 29, 1996 9503.80.90 1704.90.90 |
October 30, 1998
By Order of the Tribunal
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
Woven Fabrics and Warp-Knit Fabrics
Notice is hereby given that, on October 29, 1998, the Canadian International Trade Tribunal submitted to the Minister of Finance, pursuant to section 19 of the Canadian International Trade Tribunal Act, a report, with a recommendation, with respect to a request for tariff relief filed by Peerless Clothing Inc. regarding certain woven fabrics and warp-knit fabrics (Request No. TR-97-006).
October 29, 1998
By Order of the Tribunal
MICHEL P. GRANGER
Secretary
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:
— Canadian Radio-television and Telecommunications Commission Examination Room, 1 Promenade du Portage, Room 201, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), (819) 994-0218 (Facsimile), (819) 994-0423 (TDD);
— Bank of Commerce Building, 10th Floor, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), (902) 426-2721 (Facsimile), (902) 426-6997 (TDD);
— Place Montréal Trust, Suite 1920, 1800 McGill College Avenue, Montréal, Quebec H3A 3J6, (514) 283-6607 (Telephone), (514) 283-3689 (Facsimile), (514) 283-8316 (TDD);
— The Kensington Building, 1810-275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), (204) 983-6317 (Facsimile), (204) 983-8274 (TDD);
— 580 Hornby Street, Suite 530, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), (604) 666-8322 (Facsimile), (604) 666-0778 (TDD).
Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.
LAURA M. TALBOT-ALLAN
Secretary General
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 1998-112-1
Further to its Public Notice CRTC 1998-112 dated October 23, 1998, the Commission announces that the following item is amended and the changes are underlined:
Item 1
Montréal, Quebec
CTEQ Télévision inc. (CTEQ)
For authority to effect an ownership change in 2927551 Canada inc., CTEQ's controlling entity, through the transfer of 50 percent of the issued and outstanding voting shares from Marie Griffith to CF Television Inc. It should be noted that according to Commission's record, based on the information available when the Commission issued Decision CRTC 95-569 on August 18, 1995, CTEQ is owned 40 percent by 2927551 Canada inc. and 60 percent by 2922045 Canada inc. Following the transaction, if approved, WIC Television Ltd., CF Television Inc.'s parent company, will have indirect ownership interest in three television stations (CJNT-TV, Télévision Quatre Saisons and CFCF-TV [CF-12]) in Montréal;
Deadline for intervention: November 27, 1998
October 30, 1998
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 1998-113
Atlantic and Quebec Region
1. Gander, Newfoundland
Newcap Inc.
To amend the broadcasting licence of the (radio) programming undertaking CKXD Gander, by decreasing the transmitter power from 5 000 to 1 000 watts.
2. Fredericton, New Brunswick
Radio Fredericton Inc.
To amend the broadcasting licence of the French-language FM community (radio) programming undertaking CJPN-FM Fredericton, by increasing the effective radiated power from 840 to 1 560 watts.
3. Trois-Pistoles (Rivière-du-Loup), Quebec
Radio CJFP (1986) ltée
To amend the broadcasting licence of the (radio) programming undertaking CJFP-FM-4 Trois-Pistoles, by decreasing the effective radiated power from 229 to 42 watts.
Deadline for intervention: December 1, 1998
October 27, 1998
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 1998-114
Ontario Region
1. Sarnia, Ontario
Blackburn Group Incorporated (Blackburn), on behalf of Sarnia Broadcasters
(1993) Ltd., licensee of radio programming undertaking CHOK Sarnia
For authority to change the effective control of Sarnia Broadcasters (1993) Ltd., through the transfer of all of the issued and outstanding shares held by Penway Radio Holdings Ltd. and Wayne W. Steele to Blackburn. If this transaction is authorized, Blackburn will own all three commercial radio stations in the Sarnia area, two on the AM band and one on the FM dial. Blackburn Radio Inc., a wholly-owned subsidiary of Blackburn, owns and operates CKTY, which operates in a music-based country format, and CFGX-FM, which provides an adult contemporary, current hit music format. Moreover, it is noted that an application by Blackburn to replace CKTY with an English-language FM (radio) programming undertaking at Sarnia has been announced for a public hearing in Hull, Quebec on November 12, 1998. This application falls within the scope of the new common ownership policy established in Public Notice CRTC 1998-41, "Commercial Radio Policy 1998". In markets with less than eight commercial stations operating in a given language, a person may be permitted to own or control as many as three stations operating in that language, with a maximum of two stations in any one frequency band.
Deadline for intervention: December 4, 1998
October 29, 1998
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 1998-115
Call for Comments on a Proposed Order Respecting the Distribution of the French-language Television Service of TVA Group Inc.
1. In Decision CRTC 98-488 released today, the Commission approves the national distribution of the French-language television service of the TVA Group Inc. (TVA). The Commission has decided that distribution of TVA's service will be required for Class 1 and Class 2 distribution undertakings (including multipoint distribution system radiocommunication distribution undertakings) as well as for direct-to-home (DTH) distribution undertakings. Class 3 distribution undertakings are strongly encouraged to distribute TVA's service.
2. The Commission also concluded that, on a preliminary basis, the most appropriate way to implement this decision would be to issue an order pursuant to paragraph 9(1)(h) of the Broadcasting Act. Since this option was not discussed when the TVA's application was examined at the July 20, 1998, public hearing, the Commission hereby issues a call for comments regarding the proposed order appended to this notice.
3. The Commission invites interested parties to submit comments regarding the terms and conditions of the proposed order. Interested parties may forward submissions to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2. The Commission must receive the submissions by November 30, 1998. Although the Commission will not acknowledge the submissions, it will consider and include them in the public record of this proceeding.
4. When this consultation is completed, the Commission intends to release its final decision without delay to allow Decision CRTC 98-488 to be implemented in the most appropriate manner.
October 29, 1998
APPENDIX
Proposed Order Respecting the Distribution of the Programming Service of TVA Group Inc. (TVA) by Persons Licensed to Carry on Certain Types of Broadcasting Distribution Undertakings
Section I
The Commission hereby orders, pursuant to paragraph 9(1)(h) of the Broadcasting Act, persons licensed to carry on broadcasting distribution undertakings of the types identified in paragraph (a) below to distribute TVA's programming service (CFTM-TV Montréal) as part of the basic service, effective April 1, 1999, on the following terms and conditions:
(a) Section I of this order applies to Class 1 and Class 2 licensees and DTH distribution undertaking licensees not otherwise required to distribute TVA's programming service pursuant to the Broadcasting Distribution Regulations. These licensees are collectively referred to in this order as Distribution Licensees;
(b) Distribution Licensees offering more than one basic service shall distribute TVA's programming service on each basic service;
(c) Class 1 and Class 2 licensees shall not distribute TVA's programming service on a restricted channel unless TVA consents in writing to its distribution on such a channel;
(d) Distribution Licensees shall not increase the fees to be paid by their subscribers to recover, either directly or indirectly, the costs incurred by such licensees with respect to the distribution of TVA's programming service pursuant to this order;
(e) Distribution Licensees who remove a service in order to comply with this order may only remove a service carried on an available channel; and
(f) Notwithstanding the foregoing, distribution licensees shall not be required to distribute TVA's programming service unless TVA pays for the satellite uplink and transponder costs with respect to the transmission of its programming service.
Section II
Pursuant to paragraph 9(1)(h) of the Broadcasting Act, the Commission hereby orders Class 3 licensees who distribute TVA's programming service in response to the Commission's encouragement expressed in Decision CRTC 98-488, but who are not otherwise required to distribute this service pursuant to the Broadcasting Distribution Regulations, also to distribute the programming service of at least one licensed, French-language television station of the Canadian Broadcasting Corporation.
Section III
For the purposes of this order, available channel, basic service, Class 1 licensee, Class 2 licensee, Class 3 licensee, DTH distribution undertaking, licensed, programming service and restricted channel carry the meanings as defined in the Broadcasting Distribution Regulations, as amended from time to time.
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
98-488 October 29, 1998
TVA Group Inc.
Across Canada
Approved — The national distribution of the French-language television service of TVA Group Inc.
Class 1 and Class 2 distribution undertakings (including MDS and DTH distribution undertakings) are required to distribute this service. Class 3 distribution undertakings are strongly encouraged to do so.
The Commission has issued today Public Notice CRTC 1998-115, which includes a proposed order, with a view to implementing this decision, effective April 1, 1999.
98-489 October 30, 1998
C.K.O. Cablevision Limited
Yarmouth, Nova Scotia
Denied — Licence for a cable distribution undertaking to serve Yarmouth.
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The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
The hearing will be held by videoconference at the following locations: Human Resources Development Canada, Place du Portage, Phase IV,140 Promenade du Portage, 10th Floor (D), Room 179, Hull, Quebec, and Telus, 411 First Street SE, Room D, Calgary, Alberta.
NOTICE:
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