Vol. 135, No. 30 — July 28, 2001

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Furniture

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2000-071) on July 18, 2001, with respect to a complaint filed by Tab Canada (the complainant), of Toronto, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. V3191-000020/A) by the Department of Public Works and Government Services (the Department) on behalf of the Department of Human Resources Development (HRDC). The procurement from CORCAN was for the supply of a high-density mobile filing system for HRDC's offices at 200 Town Center Court, in Scarborough, Ontario.

The complainant alleged that the Department had improperly conducted this procurement.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the Tribunal determined that the complaint was valid in part.

Further information may be obtained from: 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).

Ottawa, July 18, 2001

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

EDP Hardware and Software

The Canadian International Trade Tribunal (the Tribunal) has received a complaint from (File No. PR-2001-018) Corel Corporation, of Ottawa, Ontario, concerning a procurement (Solicitation No. V9418-000047/A) by the Department of Public Works and Government Services (the Department) on behalf of the Department of Human Resources Development. The solicitation is for a single licence agreement for a current, commercially available office automation suite. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

It is alleged that the Department has violated a number of provisions under the applicable trade agreements.

Further information may be obtained from: 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).

Ottawa, July 18, 2001

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Miscellaneous Goods

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2001-019) from Marathon Management Company, of Richmond Hill, Ontario, concerning a procurement (Solicitation No. W8486-020270) by the Department of Public Works and Government Services (the Department). The solicitation is for the supply of silhouette targets. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

It is alleged that the Department, in conducting this procurement, did not provide equal access to all potential suppliers.

Further information may be obtained from: 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).

Ottawa, July 19, 2001

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:

— Central Building, Les Terrasses de la Chaudière, 1 Promenade du Portage, Ground Floor, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);

— C.R.T.C. Documentation Centre, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile);

— C.R.T.C. Documentation Centre, Scotia Place Tower Two, 19th Floor, Suite 1909, 10060 Jasper Avenue, Edmonton, Alberta T5J 3R8, (780) 495-3224 (Telephone), (780) 495-3214 (Facsimile).

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.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2001-402 July 16, 2001

2001 London Alliance Canada Summer Games Host Society Inc.
London, Ontario

Approved — Licence for an English-language FM radio programming undertaking at London, to broadcast the 2001 Canada Summer Games. The licence will be effective for the duration of the event, from August 11 to August 25, 2001.

2001-403 July 19, 2001

Radio communautaire de Harrington Harbour
La Tabatière and Mutton Bay, Quebec

Approved — Renewal of the licence for Type A community radio programming undertaking CFTH-FM-2 La Tabatière and Mutton Bay, from September 1, 2001, to August 31, 2008.

2001-404 July 19, 2001

Radio communautaire de Harrington Harbour
Harrington Harbour, Quebec

Approved — Renewal of the licence for Type A community radio programming undertaking CFTH-FM-1 Harrington Harbour, from September 1, 2001, to August 31, 2008.

2001-405 July 19, 2001

Radio CJFP (1986) ltée
Rivière-du-Loup, Cabano and Pointe-de-Rivière-du-Loup, Quebec

Approved — Renewal of the broadcasting licence for CIEL-FM Rivière-du-Loup and its transmitters serving the additional locations noted above, from September 1, 2001, to August 31, 2008.

2001-406 July 19, 2001

Radio CJFP (1986) ltée
Trois-Pistoles, Quebec

Approved — Renewal of the broadcasting licence for CIEL-FM-4 Trois-Pistoles, from September 1, 2001, to August 31, 2008.

2001-407 July 19, 2001

Télémedia Radio Inc.
Timmins, Ontario

Approved — Renewal of the broadcasting licence for CJQQ-FM Timmins, from September 1, 2001, to August 31, 2008.

2001-408 July 19, 2001

Télémédia Radio inc.
Sherbrooke, Quebec

Approved — Renewal of the broadcasting licence for CKTS Sherbrooke, from September 1, 2001, to August 31, 2008.

2001-409 July 19, 2001

CIBM-FM Mont-Bleu Ltée
La Pocatière and Baie-Saint-Paul, Quebec

Approved — Renewal of the broadcasting licence for CHOX-FM La Pocatière and its transmitter CHOX-FM-1 Baie-Saint-Paul, from September 1, 2001, to August 31, 2008.

2001-410 July 19, 2001

CIBM-FM Mont-Bleu ltée
Rivière-du-Loup and Trois-Pistoles, Quebec

Approved — Renewal of the broadcasting licence for CIBM-FM Rivière-du-Loup and its transmitters CIBM-FM-1 Rivière-du-Loup and CIBM-FM-2 Trois-Pistoles, from September 1, 2001, to August 31, 2005.

2001-411 July 19, 2001

Fondation Radio Galilée
Québec and Beauceville, Quebec

Approved — Renewal of the broadcasting licence for the religious station CION-FM Québec and its transmitter CION-FM-1 Beauceville, from September 1, 2001, to August 31, 2005.

2001-412 July 19, 2001

Sonème inc.
Mont-Laurier and L'Annonciation, Quebec

Approved — Renewal of the broadcasting licence for CFLO-FM Mont-Laurier and its transmitter at L'Annonciation, from September 1, 2001, to August 31, 2008.

2001-413 July 19, 2001

Radio Beauce inc.
Saint-Georges, Quebec

Approved — Renewal of the broadcasting licence for CHJM-FM Saint-Georges, from September 1, 2001, to August 31, 2008.

2001-414 July 19, 2001

Les Communications Matane inc.
Matane, Quebec

Approved — Renewal of the broadcasting licence for CHOE-FM Matane, from September 1, 2001, to August 31, 2008.

2001-415 July 19, 2001

North Superior Broadcasting Ltd.
Marathon, Dubreuilville/Desolation Lake, etc., Ontario

Approved — Renewal of the broadcasting licence for CFNO Marathon and its transmitters at the additional locations noted in the integral version of the decision, from September 1, 2001, to August 31, 2008.

2001-416 July 19, 2001

Radio CHNC ltée
New Carlisle and Gaspé, Quebec

Approved — Renewal of the broadcasting licence for CHNC New Carlisle and its transmitter CHGM Gaspé, from September 1, 2001, to August 31, 2005.

2001-417 July 19, 2001

Radio Nord inc.
Rouyn-Noranda and Amos/Val-d'Or, Quebec

Approved — Renewal of the broadcasting licence for CHLM-FM Rouyn-Noranda and its transmitters serving the additional locations noted above, from September 1, 2001, to August 31, 2008.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2001-7-1

Further to its Notice of Public Hearing CRTC 2001-7 dated July 6, 2001, relating to the public hearing which will be held on September 10, 2001, at the Commission Headquarters, 1 Promenade du Portage, Hull, Quebec, the Commission announces the following:

Correction to item 5

At the applicant's request the frequency has been changed to 99.5 MHz (Channel 258LP)

Anthony Schleifer
Brantford, Ontario

For a licence to carry on an English-language FM radio station in Brantford.

July 19, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-84

Call for Comments — Proposed Regulatory Amendments Regarding Implementation of Certain Recommendations of the CRTC's Report on French-language Broadcasting Services in a Minority Environment

This public notice is further to Public Notice CRTC 2001-25, entitled Achieving a better balance: Report on French-language broadcasting services in a minority environment, and to Public Notice CRTC 2001-26, entitled A policy to increase the availability to cable subscribers of specialty services in the minority official language. Proposed regulatory amendments to implement the Commission's new policy set out in Public Notice 2001-26 are appended to this public notice.

In Public Notice CRTC 2000-38 dated March 10, 2000, the Commission called for comments on a proposed policy with respect to the specialty services available to cable subscribers across Canada. On April 5, 2000, following the initiative undertaken by the CRTC, the Governor in Council, in Order in Council P.C. 2000-511, requested the Commission to report on the availability of French-language broadcasting services in French linguistic minority communities in Canada.

Because the objectives of the policy proposal concerning the availability to cable subscribers of specialty services in the official language of the minority complement the issues raised by the government's Order in Council, the Commission decided it would be appropriate to combine the two processes. Further to Public Notice CRTC 2000-74 dated May 31, 2000, and Public Notice CRTC 2000-115 dated August 9, 2000, the Commission therefore initiated a broad public consultative process on these two subjects. The Commission's decision in light of the comments received was set out in Public Notice CRTC 2001-26 dated February 12, 2001, in the form of a statement of policy to broaden the availability of Canadian cable specialty services for official language minorities in Canada.

The Commission now seeks public input on the proposed amendments to the Broadcasting Distribution Regulations that are attached to this public notice. The amendments are intended to implement the Commission's new policy, and to implement, as well, certain of the measures and recommendations related to distribution issues and put forward in the report to the Governor in Council released in Public Notice CRTC 2001-25. The amendments concern primarily cable undertakings distributing specialty services in digital mode and are intended to ensure increased distribution of Canadian specialty services in the official language of the minority, while taking into account the technical capacity of each distributor.

Call for comments

In this proceeding, the Commission seeks comments on the proposed regulatory amendments, and not on any of the questions that have already been considered in the above-noted proceedings. The Commission will accept comments that it receives on or before August 17, 2001.

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENTS

1. Subsection 6(2) of the Broadcasting Distribution Regulations (see footnote 1) is replaced by the following:

(2) Except as otherwise provided under a condition of its licence, a licensee shall ensure, in respect of each of analog and digital technology, that a majority of the video and audio channels received by a subscriber are devoted to the distribution of Canadian programming services, other than the programming distributed on program repeat channels.

2. The Regulations are amended by adding the following after section 16:

Continued Distribution of French-language Canadian Programming Services in Anglophone Markets

16.1 A licensee that is operating in a market that is an anglophone market within the meaning of paragraph 18(4)(b) shall distribute on an analog basis at least the same number of French-language Canadian programming services as it distributed on an analog basis on March 10, 2000.

3. (1) Subsection 18(3) of the Regulations is replaced by the following:

(3) For the purposes of this section, other than subsections (11) to (11.4), a licensee makes use of digital technology for the delivery of programming to subscribers when at least 15% of its subscribers receive one or more programming services on a digital basis.

(2) Section 18 of the Regulations is amended by adding the following after subsection (11):

(11.1) Except as otherwise provided under a condition of its licence, a licensee that has a nominal capacity of at least 750 MHz and that makes use of digital technology for the delivery of any programming service shall distribute

(a) at least one pay television service in each official language; and

(b) all French-language and English-language Canadian specialty services, other than Category 2 services distributed on a digital basis.

(11.2) Subject to subsection (11.3) and except as otherwise provided under a condition of its licence, a licensee that has a nominal capacity that is less than that referred to in subsection (11.1) and that makes use of digital technology for the delivery of any programming service shall distribute

(a) at least one French-language Canadian specialty service for every 10 English-language programming services that it distributes, if the licensee is operating in an anglophone market; and

(b) at least one English-language Canadian specialty service for every 10 French-language programming services that it distributes, if the licensee is operating in a francophone market.

(11.3) The requirements of subsection (11.2) do not apply to multipoint distribution system distribution undertakings.

(11.4) For the purposes of subsection (11.2), the following are considered to be French-language Canadian specialty services:

(a) the TVA television programming service, if it is distributed on a discretionary basis; and

(b) any educational television programming service, if it is distributed outside of the province that designated the educational authority responsible for its operation.

4. Subsection 32(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (a), by adding the word "and" at the end of paragraph (b) and by adding the following after paragraph (b):

(c) if not included in the programming services distributed under paragraph (a) or (b), a programming service in each of English and French of at least one television station owned and operated by the Corporation, if the Corporation makes its signals for the service available to the licensee and pays the costs associated with the carriage and reception of the signals at the licensee's local head end.

5. The Regulations are amended by adding the following after section 33.2:

Licensee Using Television Programming Services Using Digital Technology

33.3 (1) A licensee that has a nominal capacity of at least 550 MHz and that delivers any programming service on a digital basis shall distribute in the market

(a) at least one French-language Canadian specialty service for every 10 English-language programming services distributed by the licensee, if the licensee is operating in a market that is an anglophone market within the meaning of paragraph 18(4)(b); and

(b) at least one English-language Canadian specialty service for every 10 French-language programming services distributed by the licensee, if the licensee is operating in a market that is a francophone market within the meaning of paragraph 18(4)(a).

(2) A licensee whose distribution system is totally interconnected with another system shall distribute the same number of programming services in the language of the official language minority as are distributed by the system with which it is interconnected, unless the licensee does not have the technological capacity to do so.

(3) For the purposes of subsection (1), the following are considered to be French-language Canadian specialty services:

(a) the TVA television programming service, if it is distributed on a discretionary basis; and

(b) any educational television programming service, if it is distributed outside of the province that designated the educational authority responsible for its operation.

COMING INTO FORCE

6. These Regulations come into force on September 1, 2001.

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NATIONAL ENERGY BOARD

PUBLIC HEARING

Maritimes & Northeast Pipeline Management Ltd. — Application for Final Tolls Commencing October 1, 2000

The National Energy Board (the Board) has scheduled an oral hearing with respect to an application filed by Maritimes & Northeast Pipeline Management Ltd. (the Applicant), pursuant to Part IV of the National Energy Board Act, for final tolls commencing October 1, 2000, and ending December 31, 2002. A copy of the application is available for viewing at the Applicant's office and the Board's library.

The hearing will commence at 9:00 a.m., local time, on Thursday, October 11, 2001, at the Ramada Plaza Hotel, 240 Brownlow Avenue, Dartmouth, Nova Scotia B3B 1X6. The hearing will be public and will be held to obtain the evidence and views of interested parties on the application.

Any person interested in the hearing should consult the Board's Directions on Procedure for Hearing Order RH-3-2001 for further instructions. The directions on procedure may be obtained by calling the Board toll-free at 1-800-899-1265 and specifying the RH-3-2001 proceeding. The directions on procedure may also be obtained through the Board's Internet site at www.neb-one.gc.ca (click on "Regulatory Update" and then "Hearing Orders for Upcoming Hearings").

Any person wishing to intervene in this proceeding must file a written intervention with Michel L. Mantha, Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), by noon, Atlantic time, August 1, 2001, and serve one copy on the Applicant at the following address: Mr. Ian Leadley, Manager, Regulatory Affairs, Maritimes & Northeast Pipeline Management Ltd., 1801 Hollis Street, Suite 1600, Halifax, Nova Scotia B3J 3N4, (902) 420-1045 (Telephone), (902) 425-4592 (Facsimile).

The Applicant will provide a copy of its application, any amendments and all related documents to each intervenor.

Any person wishing only to comment on the application may do so in a letter to be filed with the Secretary of the Board by noon, Atlantic time, October 4, 2001.

MICHEL L. MANTHA
Secretary

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Footnote 1

SOR/97-555

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