Government of Canada
Symbol of the Government of Canada


Vol. 143, No. 49 — December 5, 2009

COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain oil country tubular goods — Decision

On November 23, 2009, the President of the Canada Border Services Agency (CBSA) made a preliminary determination of dumping and a preliminary determination of subsidizing, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), in respect of certain oil country tubular goods, made of carbon or alloy steel, welded or seamless, heat-treated or not heat-treated, regardless of end finish, having an outside diameter from 2⅜ inches to 13⅜ inches (60.3 mm to 339.7 mm), meeting or supplied to meet American Petroleum Institute (API) specification 5CT or equivalent standard, in all grades, excluding drill pipe and excluding seamless casing up to 11¾ inches (298.5 mm) in outside diameter, 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:

7304290031
7304591000
7306299011
7304290039
7306291011
7306299019
7304290051
7306291019
7306299021
7304290059
7306291021
7306299029
7304290061
7306291029
7306299031
7304290069
7306291031
7306299039
7304290071
7306291039
7306299041
7304290079
7306291041
7306299049
7304391000
7306291049

The Canadian International Trade Tribunal (Tribunal) will conduct a full inquiry into the question of injury to the domestic producers of certain oil country tubular goods, and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determinations of dumping and subsidizing.

Pursuant to section 8 of SIMA, provisional duty is payable on the dumped and subsidized oil and country tubular goods originating in or exported from China that are released from customs during the period commencing November 23, 2009, and ending on the earlier of the day the investigations are terminated, the day on which the Tribunal makes an order or finding, or the day an undertaking is accepted. The amount of provisional duty payable is not greater than the estimated margin of dumping and the estimated amount of subsidy. The Customs Act applies with respect to the accounting and payment of provisional duty. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will also be available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting Andrew Manera at 613-946-2052, or by fax at 613-948-4844.

Ottawa, November 23, 2009

M. R. JORDAN
Director General
Trade Programs Directorate

[49-1-o]

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)(c) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette.”

Business Number

Name/Address

867719502RR0001

MINISTÈRE ÉVANGILE ÉTERNEL, TORONTO (ONT.)

CATHY HAWARA
Acting Director General
Charities Directorate

[49-1-o]

CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL09-01

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bid which has been selected in response to Call for Bids No. NL09-01 in the Newfoundland and Labrador Offshore Area. A summary of the terms and conditions applicable to the call was published in the Canada Gazette, Part I, on June 13, 2009.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Pursuant to Call for Bids No. NL09-01, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with this requirement, the following bid was conditionally selected. Subject to ministerial approval, the Board will issue an Exploration Licence for the following parcel in January 2010:

Parcel No. 1

Work Expenditure Bid: $36,800,000

Bid Deposit: $10,000

Bidders, with participating shares: Husky Oil Operations Limited 72.5%
Suncor Energy Inc. 27.5%

Designated Representative: Husky Oil Operations Limited

Further information, including the full text of the Call for Bids No. NL09-01, may be obtained by contacting Ms. Susan Gover, Legal and Land, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, Fifth Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6.

November 2009

MAX RUELOKKE, P.Eng.
Chairman and Chief Executive Officer

[49-1-o]

CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL09-02

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bids which have been selected in response to Call for Bids No. NL09-02 in the Newfoundland and Labrador Offshore Area. A summary of the terms and conditions applicable to the call was published in the Canada Gazette, Part I, on June 13, 2009.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Pursuant to Call for Bids No. NL09-02, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with this requirement, the following bids were conditionally selected. Subject to ministerial approval, the Board will issue an Exploration Licence for each of the following two parcels in January 2010:

Parcel No. 1

Work Expenditure Bid: $8,000,210

Bid Deposit: $10,000

Bidders, with participating shares:
ConocoPhillips Canada Resources Corp. 55%
BHP Billiton Petroleum (Laurentian) Corporation 45%

Designated Representative: ConocoPhillips Canada Resources Corp.

Parcel No. 2

Work Expenditure Bid: $1,000,001

Bid Deposit: $10,000

Bidders, with participating shares:
ConocoPhillips Canada Resources Corp. 64.0091%
BHP Billiton Petroleum (Laurentian) Corporation 35.9909%

Designated Representative: ConocoPhillips Canada Resources Corp.

Further information, including the full text of the Call for Bids No. NL09-02, may be obtained by contacting Ms. Susan Gover, Legal and Land, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, Fifth Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6.

November 2009

MAX RUELOKKE, P.Eng.
Chairman and Chief Executive Officer

[49-1-o]

CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL09-03

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bid which has been selected in response to Call for Bids No. NL09-03 in the Newfoundland and Labrador Offshore Area. A summary of the terms and conditions applicable to the call was published in the Canada Gazette, Part I, on June 13, 2009.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Pursuant to Call for Bids No. NL09-03, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with this requirement, the following bid was conditionally selected. Subject to ministerial approval, the Board will issue an Exploration Licence for the following parcel in January 2010:

Parcel No. 1

Work Expenditure Bid: $1,200,000

Bid Deposit: $10,000

Bidders, with participating shares:
Ptarmigan Energy Incorporated 100%

Designated Representative: Ptarmigan Energy Incorporated

Further information, including the full text of the Call for Bids No. NL09-03, may be obtained by contacting Ms. Susan Gover, Legal and Land, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, Fifth Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6.

November 2009

MAX RUELOKKE, P.Eng.
Chairman and Chief Executive Officer

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Oil country tubular goods

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on November 23, 2009, from the Director General of the Trade Programs Directorate at the Canada Border Services Agency, stating that a preliminary determination had been made respecting the dumping and subsidizing of oil country tubular goods, made of carbon or alloy steel, welded or seamless, heat-treated or not heat-treated, regardless of end finish, having an outside diameter from 2⅜ inches to 13⅜ inches (60.3 mm to 339.7 mm), meeting or supplied to meet American Petroleum Institute specification 5CT or equivalent standard, in all grades, excluding drill pipe and excluding seamless casing up to 11¾ inches (298.5 mm) in outside diameter, originating in or exported from the People’s Republic of China (the subject goods).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2009-004) to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Notices of participation

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before December 7, 2009. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before December 7, 2009.

Request for submissions on like goods and classes of goods

In its statement of reasons for the preliminary determination of injury issued on November 9, 2009, the Tribunal noted that, in Inquiry No. NQ-2007-001, it had expanded the definition of the like goods to include both seamless and electric-resistance welded (ERW) casing even though the goods subject to that inquiry included only seamless casing. The Tribunal stated that the question of whether there was merit to expand the definition of the like goods in this case to include seamless casing up to 11¾ inches (298.5 mm) in outside diameter was an issue that would need to be fully addressed in the context of a final injury inquiry.

Also, in its statement of reasons for the preliminary determination of injury, the Tribunal found, based on the evidence on the record at that time, that there was a single class of goods. However, the Tribunal also indicated that the issue of whether coupling stock and other oil country tubular goods were separate classes of goods would need to be fully addressed in the context of a final injury inquiry.

In order to come to an advance decision on like goods and classes of goods, the Tribunal is inviting interested parties to file early submissions specifically on these issues.

In particular, the parties are asked to present facts and arguments on

  • whether seamless casing up to 11¾ inches (298.5 mm) in outside diameter constitutes like goods to the subject goods; and
  • whether coupling stock constitutes a class of goods separate from the other subject goods.

Parties are also asked to address factors that the Tribunal should examine in considering these questions, including

  • the physical characteristics of the goods, such as their appearance and composition;
  • the market characteristics of the goods, such as pricing (including how price is determined and relative price levels), and distribution channels, and whether the goods fulfil the same customer needs, including, in particular,

° whether seamless casing and ERW casing up to 11¾ inches (298.5 mm) in outside diameter are or could be substitutable in certain applications, addressing any technical limitations to that substitutability, and whether the relative prices of seamless casing and ERW casing influence the extent of substitutability; and

° whether coupling stock and other types of oil country tubular goods are or could be substitutable in certain applications, addressing any technical limitations to that substitutability, and whether the relative prices of coupling stock and other types of oil country tubular goods influence the extent of substitutability; and

  • any other relevant factors.

The Tribunal requests that parties support their submissions with evidence, such as letters from customers who use different types of oil country tubular goods (seamless casing and ERW casing, or coupling stock and other oil country tubular goods), price lists, and documents describing the physical or market characteristics of the goods.

Parties filing submissions on like goods and classes of goods are required to file 10 copies of their submissions with the Tribunal no later than noon, on December 9, 2009. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on December 15, 2009. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on like goods and classes of goods no later than December 21, 2009.

Public hearing

A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing February 22, 2010, at 9:30 a.m.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party and each counsel filing a notice of participation or representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using French or English or both languages at the hearing.

In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of an injury finding to simply notify the Tribunal by December 7, 2009. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.

The Canadian International Trade Tribunal Rules govern these proceedings.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter specifies, among other things, the date for filing replies to Tribunal questionnaires, the date on which the information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested parties. Copies of all the questionnaires can be downloaded from the Tribunal’s Web site at www.citt-tcce.gc.ca/question/index_e.asp.

Requests for product exclusions

The Tribunal’s Guide to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site, describes the procedure for filing requests for specific product exclusions. The Guide includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided that all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the finding shall be filed by interested parties no later than noon, on January 25, 2010. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon, on February 2, 2010. Should the request for a specific product exclusion be opposed, and if the interested party wishes to reply, it must do so no later than noon on February 9, 2010.

At this time, it is the Tribunal’s intention to hear evidence and argument on product exclusions at the public hearing. The Tribunal will inform parties of the hearing procedures after it has determined the number and nature of the exclusion requests received. Should circumstances make it impractical for the Tribunal to hear evidence and argument on product exclusions at the hearing, the parties will be informed as soon as possible.

Written submissions, correspondence and 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 (fax), secretary@citt-tcce.gc.ca (email).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service. The service utilizes the Government of Canada’s epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.

However, parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

At the end of the official process, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case.

The Tribunal’s decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons who have registered to receive decisions of the Tribunal.

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, November 24, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Communications, photographic, mapping, printing and publication services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2009-031) on November 25, 2009, with respect to a complaint filed by Femme Cachee Productions Inc. (FCP), of Toronto, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. 5P131-090062/A) by the Department of Public Works and Government Services on behalf of the Parks Canada Agency. The solicitation was for the provision of video production services.

FCP alleged that (1) the evaluation team either made errors or deliberately discounted information provided in the bid, thereby unfairly deducting points, and (2) the evaluation team used criteria not listed in the Request for Proposal to evaluate the bid.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 26, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Construction services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2009-027) on November 23, 2009, with respect to a complaint filed by Maritime Fence Ltd. (MFL), of Grand Falls, New Brunswick, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. 5P420-09-0289) by the Parks Canada Agency (Parks Canada). The solicitation was for W-beam guardrail removal and installation as well as sign installation on wood posts at Banff, Kootenay and Jasper national parks.

MFL alleged that Parks Canada improperly awarded a contract to a company whose tender did not meet the financial requirements of the invitation to tender.

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.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 26, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Transportation, travel and relocation services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2009-037) on November 25, 2009, with respect to a complaint filed by Giamac Inc. dba AutoRail Forwarders (Giamac), of Halifax, Nova Scotia, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. W0153-09HLO1/B) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation was for the provision of transportation services of personal motor vehicles.

Giamac alleged that PWGSC improperly evaluated its proposal and did not provide an equal opportunity to all suppliers.

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 not valid.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 26, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

FINDING

Mattress innerspring units

Notice is hereby given that, on November 24, 2009, further to the issuance by the President of the Canada Border Services Agency of a final determination dated October 26, 2009, that mattress innerspring units, with or without edgeguards, used in the manufacture of innerspring mattresses (Inquiry No. NQ-2009-002), originating in or exported from the People’s Republic of China had been dumped, and pursuant to subsection 43(1) of the Special Import Measures Act, the Canadian International Trade Tribunal found that the dumping of the aforementioned goods had caused injury to the domestic industry.

Ottawa, November 24, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Custodial operations and related services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2009-059) from Derek Cooper, doing business as Cleaning House, of Gatineau, Quebec, concerning a procurement (Solicitation No. EJ196-100108/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of the Environment. The solicitation is for the provision of janitorial services. 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.

Derek Cooper, doing business as Cleaning House, alleges that PWGSC improperly amended a contract on another matter, instead of issuing a competitive solicitation, as a means of procuring the work.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 26, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Scientific instruments

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2009-058) from MetOcean Data Systems (MetOcean), of Dartmouth, Nova Scotia, concerning a procurement (Solicitation No. F1625-090284/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans. The solicitation is for the provision of profiling floats. 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.

MetOcean alleges that the mandatory performance specifications could not be met by any float supplier, thereby unfairly limiting competition.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, November 23, 2009

DOMINIQUE LAPORTE
Secretary

[49-1-o]

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.

2009-713 November 23, 2009

MTT Networks Ltd.
Toronto and surrounding areas, Ontario

Approved — Broadcasting licence to operate a Class 1 terrestrial broadcasting distribution undertaking serving Toronto and surrounding areas.

2009-718 November 25, 2009

Afromedia Communications Incorporated
Across Canada

Approved — Broadcasting licence to operate AMET-TV, a national, general interest ethnic Category 2 specialty service.

2009-719 November 25, 2009

Gear Up Urbanwear Inc.
Across Canada

Approved — Broadcasting licence to operate Black Entertainment Television Canada, a national, French-language ethnic Category 2 specialty service.

2009-720 November 25, 2009

Gear Up Urbanwear Inc.
Across Canada

Approved — Broadcasting licence to operate Black Entertainment Television Canada, a national, English-language ethnic Category 2 specialty service.

2009-721 November 25, 2009

New Tang Dynasty Television (Canada)
Across Canada

Approved — Broadcasting licence to operate New Tang Dynasty Television Canada HD, a national, third-language general interest ethnic Category 2 specialty service.

2009-726 November 26, 2009

Complaint by Quebecor Media Inc. related to Bell TV’s practices to combat signal theft

In the decision, the Commission renders its determinations with respect to the complaint filed by Quebecor Media Inc. (QMI) related to Bell TV’s practices to combat signal theft. The Commission finds that the measures taken by Bell TV to combat signal theft are appropriate and dismisses the complaint filed by QMI.

2009-727 November 27, 2009

CTV Limited and 1640576 Ontario Inc., partners in a general partnership carrying on business as Pulse 24 Partnership
Province of Ontario

Approved — Amendment to the broadcasting licence for the specialty television programming undertaking CP24 by adding program category 11 General entertainment and human interest, as set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time, to the list of categories from which it may draw programming.

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-411-7

Notice of hearing

November 16, 2009
Gatineau, Quebec
Deadline for submitting final written comments in the policy proceeding on a group-based approach to the licensing of television services and on certain issues relating to conventional television

1. At the public hearing, the Commission announced that interested parties would have an opportunity to file final written submissions following the hearing. The Commission hereby announces that it will accept final written comments relating to this proceeding submitted on or before December 14, 2009.

2. Final submissions should be limited in length to no more than 10 pages, excluding information requested by the Commission during the oral phase of the proceeding. Parties are reminded that no new evidence should be introduced in their final submissions with the exception of this information.

November 27, 2009

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-714

Call for comments on the proposed addition of Benfica TV, a non-Canadian sports service, to the lists of eligible satellite services for distribution on a digital basis

The Commission calls for comments on CityWest’s request to add Benfica TV to the digital lists. Parties submitting comments on the request should also submit a true copy of their comments to the Canadian sponsor, CityWest, at the following address:

CityWest Cable and Telephone Corporation
248 3rd Avenue W
Prince Rupert, British Columbia
V8J 1L1
Attention: Lisa Marogna
Email: lisa.marogna@cwtc.ca
Fax: 250-627-0910

Proof that comments have been sent to CityWest must accompany the original version of the comments sent to the Commission.

Comments on CityWest’s request must be received by the Commission no later than December 23, 2009. A copy of the comments must be received by CityWest no later than the deadline for receipt of comments by the Commission. The Commission cannot be held responsible for postal delays and will not notify a party whose intervention is received after the deadline date. The intervention will not be considered by the Commission and will not be part of the public file.

CityWest may file a written reply to any comments received concerning its request. This reply should be filed with the Commission, and a copy sent to the person who submitted the comments, by no later than January 11, 2010.

The Commission will not formally acknowledge comments. It will, however, fully consider all comments, and they will form part of the public record of the proceeding, provided that the procedures for filing set out in the notice have been followed.

November 23, 2009

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-722

Notice of applications received

Various locations
Deadline for submission of interventions and/or comments: December 30, 2009

The Commission has received the following applications:

1. Telelatino Network Inc., on behalf of itself or on behalf of a corporation to be incorporated
Across Canada

To amend the broadcasting licence for the national, English-language Category 2 specialty programming undertaking known as RCS Television in order to allow the service to be available for distribution in high-definition (HD) format.

2. Telelatino Network Inc.
Across Canada

To amend the broadcasting licence for the national, ethnic Category 2 specialty programming undertaking known as Sky TG24 in order to allow the service to be available for distribution in high-definition (HD) format.

3. Telelatino Network Inc., on behalf of itself or on behalf of a corporation to be incorporated
Across Canada

To amend the broadcasting licence for the national, English-language Category 2 specialty programming undertaking known as Soccer Television in order to allow the service to be available for distribution in high-definition (HD) format.

4. Telelatino Network Inc.
Across Canada

To amend the broadcasting licence for the national specialty programming undertaking known as Telelatino in order to allow the service to be available for distribution in highdefinition (HD) format.

5. Telelatino Network Inc.
Across Canada

To amend the broadcasting licence for the national, ethnic Category 2 specialty programming undertaking known as TLN en Español in order to allow the service to be available for distribution in high-definition (HD) format.

November 25, 2009

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-724

Notice of application received

Ottawa, Ontario
Deadline for submission of interventions and/or comments: December 31, 2009

The Commission has received the following application:

1. Astral Media Inc.
Ottawa, Ontario

To amend the broadcasting licence for the new English-language commercial FM radio undertaking to serve Ottawa, Ontario, and Gatineau, Quebec.

November 26, 2009

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-728

Call for comments on proposed amendments to the Distribution and linkage requirements for Class 1 and Class 2 licensees and the Linkage requirements for direct-to-home satellite distribution undertakings

The Commission invites comments on proposed amendments to the distribution and linkage rules that would grant other broadcasting distribution undertakings (BDUs) the same packaging flexibility accorded TELUS in Broadcasting Decision 2009-679. In particular, the Commission requests comment on proposed amendments to sections 9(b)(i) and 23(b)(i) of the distribution and linkage rules set out in Broadcasting Public Notice 2007-51. The proposed amendments would permit other Class 1 and Class 2 BDUs to link the services in Section B of the Part 2 lists with Canadian specialty services on a 1:1 basis, as follows:

Each Canadian specialty service may be linked, when distributed on a discretionary basis within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, with no more than one channel containing any of the non-Canadian-originated services specified in either Section A or Section B of the list of Part 2 eligible satellite services or the non-Canadian-originated services referred to in paragraph 9 of this notice.

The Commission also invites comment on similar proposed amendments applicable to direct-to-home distributors by virtue of paragraph 9(b)(i) of Broadcasting Public Notice 2007-52.

The Commission will accept comments that it receives on or before December 29, 2009. The Commission cannot be held responsible for postal delays and will not notify a party whose intervention is received after the deadline date. The intervention will not be considered by the Commission and will not be part of the public file.

The Commission will not formally acknowledge comments. It will, however, fully consider all comments, and they will form part of the public record of the proceeding, provided that the procedures for filing set out in the notice have been followed.

November 27, 2009

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-729

Notice of applications received

Across Canada
Deadline for submission of interventions and/or comments: January 4, 2010

The Commission has received the following applications:

1. Fifth Dimension Properties Inc.
Across Canada

To amend the broadcasting licence for the national Category 2 specialty programming undertaking known as Penthouse TV by adding programming categories 8(b) Music video clips and 8(c) Music video programs to the list of programming categories from which the licensee may draw its programming.

2.  TEN Broadcasting Inc.
Across Canada

To amend the licence of the national Category 2 specialty programming undertaking known as Hustler TV by adding programming categories 8(b) Music video clips and 8(c) Music video programs to the list of programming categories from which the licensee may draw its programming.

3. TEN Broadcasting Inc.
Across Canada

To amend the licence of the national Category 2 specialty programming undertaking known as Red Hot TV by adding programming categories 8(b) Music video clips and 8(c) Music video programs to the list of programming categories from which the licensee may draw its programming.

November 27, 2009

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-715

Amendments to the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990, and the Specialty Services Regulations, 1990 — Definitions of “Canadian program” and “program”

The Commission hereby announces that it has made amendments to the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 (Pay Television Regulations) and the Specialty Services Regulations, 1990 (Specialty Services Regulations). The amendments make explicit that the Commission recognizes a program that has been certified by the Minister of Canadian Heritage, on the recommendation of the Canadian Audio Visual Certification Office or Telefilm Canada, as a Canadian program for the purposes of meeting the regulatory requirements. The amendments also replace the definition of “program” in the Pay Television Regulations and the Specialty Services Regulations to correct an inconsistency between the definition of that term in those regulations and its definition in the Broadcasting Act.

The Commission issued a call for comments on the proposed amendments in Call for comments on proposed amendments to the Television Broadcasting Regulations, 1987,the Pay Television Regulations, 1990, and the Specialty Services Regulations, 1990, Broadcasting Notice of Consultation CRTC 2009-377, June 23, 2009. No comments were received in response to this call. Accordingly, the Commission has adopted the amendments as originally proposed in that notice of consultation.

These amendments came into force upon their registration with the Clerk of the Privy Council on October 23, 2009 (SOR/2009-294). The amendments were published in the Canada Gazette, Part II, on November 11, 2009. A copy of the amendments is appended to the regulatory policy.

November 23, 2009

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. The definition “Canadian program” in section 2 of the Television Broadcasting Regulations, 1987 (see footnote 1) is replaced by the following:

“Canadian program” means a program

(a) in respect of which a Canadian film or video production certificate referred to in section 125.4 of the Income Tax Act has been issued by the Minister of Canadian Heritage, or

(b) that qualifies as a Canadian program in accordance with the criteria established by the Commission in Appendices I and II to Public Notice CRTC 2000-42 dated March 17, 2000, entitled Certification for Canadian Programs — A Revised Approach and published in the Canada Gazette, Part I, on May 20, 2000; (émission canadienne)

PAY TELEVISION REGULATIONS, 1990

2. The definitions “Canadian program” and “program” in subsection 2(1) of the Pay Television Regulations, 1990 (see footnote 2) are replaced by the following:

“Canadian program” means a program

(a) in respect of which a Canadian film or video production certificate referred to in section 125.4 of the Income Tax Act has been issued by the Minister of Canadian Heritage, or

(b) that qualifies as a Canadian program in accordance with the criteria established by the Commission in Appendices I and II to Public Notice CRTC 2000-42 dated March 17, 2000, entitled Certification for Canadian Programs — A Revised Approach and published in the Canada Gazette, Part I, on May 20, 2000; (émission canadienne)

“program” means a broadcast presentation of sound and visual matter that is designed to inform or entertain and that falls into a category set out in item 6, column I, of Schedule I, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (émission)

SPECIALTY SERVICES REGULATIONS, 1990

3. The definitions “Canadian program” and “program” in section 2 of the Specialty Services Regulations, 1990 (see footnote 3) are replaced by the following:

“Canadian program” means a program

(a) in respect of which a Canadian film or video production certificate referred to in section 125.4 of the Income Tax Act has been issued by the Minister of Canadian Heritage, or

(b) that qualifies as a Canadian program in accordance with the criteria established by the Commission in Appendices I and II to Public Notice CRTC 2000-42 dated March 17, 2000, entitled Certification for Canadian Programs — A Revised Approach and published in the Canada Gazette, Part I, on May 20, 2000; (émission canadienne)

“program” means a broadcast presentation of sound and visual matter that is designed to inform or entertain and that falls into a category set out in item 6, column I, of Schedule I, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text; (émission)

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

[49-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-725

Addition of Al Jazeera English to the lists of eligible satellite services for distribution on a digital basis

The Commission approves a request to add Al Jazeera English 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.”

November 26, 2009

[49-1-o]

Footnote 1
 SOR/87-49

Footnote 2
SOR/90-105

Footnote 3
SOR/90-106


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