Vol. 143, No. 45 — November 7, 2009

COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain mattress innerspring units — Decision

On October 26, 2009, the President of the Canada Border Services Agency (CBSA) made a final determination of dumping, pursuant to paragraph 41(1)(a) of the Special Import Measures Act, in respect of mattress innerspring units with or without edgeguards, used in the manufacture of innerspring mattresses originating in or exported from the People’s Republic of China.

The goods in question are usually classified under the following Harmonized System classification numbers:

9404.10.00.00

9404.29.00.00

7320.20.90.10

The Canadian International Trade Tribunal (Tribunal) is continuing its inquiry into the question of injury to the domestic industry and will make an order or finding by November 24, 2009. Provisional duties will continue to apply until this date.

If the Tribunal finds that the dumping has caused injury or is threatening to cause injury, future imports of subject goods will be subject to anti-dumping duty equal to the margin of dumping on the goods. In that event, the importer in Canada shall pay all such duties. The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duty.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will be available on the CBSA’s Web site at www.cbsa.gc.ca/sima or by contacting either Jody Grantham at 613-954-7405 or Danielle Newman at 613-952-1963, or by fax at 613-948-4844.

Ottawa, October 26, 2009

M. R. JORDAN
Director General
Trade Programs Directorate

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CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraph 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that by virtue of subsection 149.1(2) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette.”

CATHY HAWARA
Acting Director General
Charities Directorate

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CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraphs 168(1)(b), 168(1)(c) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that by virtue of subsection 149.1(2) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette.”

CATHY HAWARA
Acting Director General
Charities Directorate

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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, Room 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);

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

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

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);

— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).

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.

2009-667 October 26, 2009

CPAM Radio Union.com inc.
Montréal, Quebec

Approved — Amendment to the broadcasting licence for the French-language ethnic commercial AM radio station CJWI Montréal by changing the frequency, by modifying the authorized contours and by relocating its antenna.

2009-668 October 26, 2009

Sortir FM inc.
Québec, Quebec

Approved — Amendment to the broadcasting licence for the French-language tourist information radio programming undertaking CKJF-FM Québec in order to change the frequency and the authorized contours of the station.

2009-671 October 27, 2009

Radio coopérative de Coaticook, Coop de solidarité
Coaticook, Quebec

Approved — Broadcasting licence to operate a French-language Type B community FM radio station in Coaticook.

2009-672 October 27, 2009

Dawson City Community Radio Society
Dawson, Yukon

Approved — Broadcasting licence to operate an English-language low-power Type B community FM radio station in Dawson.

2009-673 October 27, 2009

Canadian Broadcasting Corporation
Whitehorse, Watson Lake, Mayo, Elsa, Teslin, Beaver Creek, Swift River, Carmacks, Ross River, Atlin, Faro, Destruction Bay, Haines Junction and Dawson, Yukon

Approved — Broadcasting licence to operate an English-language FM radio station in Whitehorse with rebroadcasting transmitters in the other communities noted above to replace the existing AM station CFWH and its existing rebroadcasting transmitters as well as authorization to simulcast the programming of the new FM station on the AM band for a transition period of three months and revocation of the licence for CFWH at the end of the simulcast period.

2009-675 October 29, 2009

Radio Boréale
Amos, Quebec

Approved — Change to the authorized contours of the French-language, Type B community radio station CHOW-FM Amos by increasing the effective radiated power, decreasing the antenna height above average terrain and relocating the antenna.

2009-679 October 30, 2009

TELUS Communications Inc., and 1219823 Alberta ULC in partnership with TELUS Communications Inc. in TELE-MOBILE Company, partners in a general partnership carrying on business as TELUS Communications Company

Kamloops, Kelowna, Nanaimo, Penticton, Prince George, Terrace, Vancouver (including Lower Mainland, Fraser Valley and Whistler and surrounding areas), Vernon and Victoria, British Columbia

Calgary, Edmonton (including St. Albert, Sherwood Park, Spruce Grove and Stony Plain), Fort McMurray, Grande Prairie, Lethbridge, Medicine Hat and Red Deer, Alberta

Approved — Renewal and amendments to the broadcasting licences for the Class 1 terrestrial broadcasting distribution undertakings serving the above-noted communities in British Columbia and Alberta. The licences are renewed from November 1, 2009, to August 31, 2016.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-666

Notice of application received

Metro Vancouver, British Columbia
Deadline for submission of interventions and/or comments: November 30, 2009

The Commission has received the following application:

1. Novus Entertainment Inc.
Metro Vancouver, British Columbia

To amend the broadcasting licence for its Class 1 terrestrial broadcasting distribution undertaking serving Metro Vancouver, British Columbia, in order to be relieved, by condition of licence, of the regulatory requirement relating to the passing through of video description of programming services distributed on an analog basis and the addition of a condition of licence.

October 26, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-670

Notice of application received

Mont-Laurier, Quebec
Deadline for submission of interventions and/or comments: December 1, 2009

9116-1299 Québec inc.
Mont-Laurier, Quebec

To amend the broadcasting licence for the French-language FM commercial radio programming undertaking CFOR-FM Maniwaki.

October 27, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-674

Notice of application received

Sherbrooke, Quebec
Deadline for submission of interventions and/or comments: December 2, 2009

The Commission has received the following application:

1. Astral Media Radio Inc.
Sherbrooke, Quebec

Relating to the broadcasting licence for the French-language commercial radio programming undertaking CIMO-FM Magog, Quebec.

October 28, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-682

Call for comments on proposed new Telecommunications Fees Regulations, 2010

In the notice, the Commission invites parties to comment on the proposed Telecommunications Fees Regulations, 2010. The new fees regulations that will result from this process will require all telecommunications service providers (TSPs), or groups of related TSPs, with at least $10 million dollars in Canadian telecommunications service revenues to pay telecommunications fees, whether or not they file a tariff for approval with the Commission.

TELECOMMUNICATIONS FEES REGULATIONS, 2010

INTERPRETATION

1. The following definitions apply in these Regulations.

“Canadian telecommunications services revenues” has the same meaning as in Part B of the Telecom Circular CRTC 2007-15, The Canadian revenue-based contribution regime, published on June 8, 2007. (revenus des services de télécommunication canadiens)

“contribution-eligible revenues” means revenues calculated in accordance with the formula set out in Part A of the Telecom Circular CRTC 2007-15, The Canadian revenue-based contribution regime, published on June 8, 2007. (revenus admissibles à la contribution)

“related” in relation to telecommunications service providers, means two or more telecommunications service providers that are related parties within the meaning of Section 3840 of the Canadian Institute of Chartered Accountants Handbook as amended from time to time. (apparentés)

“telecommunications service” has the same meaning as in section 23 of the Telecommunications Act. (service de télécommunication)

FEES AND ADJUSTMENTS

2. A telecommunications service provider shall, in every calendar year and within 30 days after the date of the invoice sent by the Commission, pay to the Commission the annual fee calculated in accordance with subsection 3(1), the supplementary fee calculated in accordance with subsection 3(2) and the annual adjustment calculated in accordance with subsection 3(5) if

(a) the telecommunications service provider was in operation on April 1 of the year; and

(b) the telecommunications service provider had at least $10 million in Canadian telecommunications services revenues for the preceding calendar year or is one of a group of related telecommunications service providers which in the aggregate had at least $10 million in Canadian telecommunications services revenues for the preceding calendar year.

3. (1) The annual fee shall be the amount determined by the formula

A/B × C

where

A is the telecommunications service provider’s contribution-eligible revenues for the preceding calendar year;

B is the aggregate of the contribution-eligible revenues for the preceding calendar year of the telecommunications service providers that are required to pay under section 2; and

C is the estimated total regulatory costs of the Commission for the fiscal year as set out in the Commission’s Expenditure Plan published in Part III of the Estimates of the Government of Canada.

(2) The supplementary fee shall be the amount determined by the formula

A/B × D

where

A is the telecommunications service provider’s contribution-eligible revenues for the preceding calendar year;

B is the aggregate of the contribution-eligible revenues for the preceding calendar year of the telecommunications service providers that are required to pay under section 2; and

D is the supplementary estimated regulatory costs of the Commission for the fiscal year as set out in the Supplementary Estimates of the Government of Canada.

(3) The regulatory costs of the Commission for the fiscal year is the sum of the following amounts:

(a) the costs of the Commission’s Telecommunications Activity; and

(b) the share

(i) of the costs of the Commission’s administrative activities that is attributable to its Telecommunications Activity, and

(ii) of the other costs that are taken into account to arrive at the net cost of the Commission’s program that is attributable to its Telecommunications Activity.

(4) The Commission shall publish, each year, the estimated total regulatory costs referred to in subsection (1) and the supplementary estimated regulatory costs referred to in subsection (2) in a public notice in the Canada Gazette, Part I.

(5) The annual adjustment shall be determined by the following formula:

A/B × E

where

A is the telecommunications service provider’s contribution-eligible revenues;

B is the aggregate of contribution-eligible revenues of the telecommunications service providers that are required to pay under section 2; and

E is the difference between the sum of the estimated regulatory costs referred to in subsections (1) and (2) and the actual total regulatory costs for the fiscal year.

(6) The annual adjustment amount shall be charged or credited to the telecommunications service provider in the following year’s invoice and shall not result in a disbursement of monies on the part of the Commission.

TRANSITIONAL

4. A telecommunications service provider who is required to pay an annual adjustment under the Telecommunications Fees Regulations, 1995 for the fiscal year ending on March 31, 2010 shall pay that adjustment within 30 days after the date of the invoice sent by the Commission.

REPEAL

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-676

Addition of Russia Today to the lists of eligible satellite services for distribution on a digital basis

The Commission approves a request to add Russia Today to the lists of eligible satellite services for distribution on a digital basis and amends the lists of eligible satellite services accordingly. The revised lists are available on the Commission’s Web site at www.crtc.gc.ca, under “Broadcasting Sector.”

October 29, 2009

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PATENTED MEDICINE PRICES REVIEW BOARD

PATENT ACT

Order

In the matter of the Patent Act, R.S.C. 1985, c. P-4, as amended

And in the matter of Amgen Canada Inc. (the “Respondent”) and the medicine “Neulasta”

Pursuant to section 83 of the Patent Act, the Patented Medicine Prices Review Board (the “Board”) issued a Notice of Hearing on March 16, 2009, pertaining to allegations of Board Staff that the medicine Neulasta had been, and was being, sold by Amgen Canada Inc. (“Amgen”) in Canada at prices greater than the prices calculated in accordance with the Board’s Guidelines. A pre-hearing conference has been held, and the matter has been set down for hearing.

On October 13, 2009, Amgen filed a Voluntary Compliance Undertaking (“VCU”) by which Amgen proposed to resolve all issues raised in these proceedings.

The Board has decided to accept Amgen’s VCU, effective as of the date of this Order. Accordingly, by Order of this Board the proceeding that was commenced by the issuance of the Notice of Hearing is hereby concluded.

October 21, 2009

SYLVIE DUPONT
Secretary of the Board

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