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Vol. 144, No. 9 — February 27, 2010
COMMISSIONS
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEAL
Notice No. HA-2009-012
The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. The hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 to obtain further information and to confirm that the hearing will be held as scheduled.
Customs Act
Nutricia North America v. President of the Canada Border Services Agency
Date of Hearing: March 23, 2010
Appeal No.: AP-2009-017
Goods in Issue: Neocate infant and junior formula
Issue: Whether the goods in issue are properly classified under tariff item No. 2106.90.99 as other food preparations not elsewhere specified or included, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 3004.50.00 as other medicaments containing vitamins or other products of heading No. 29.36, as claimed by Nutricia North America.
Tariff Items at Issue: Nutricia North America—3004.50.00 President of the Canada Border Services Agency—2106.90.99
February 19, 2010
By order of the Tribunal
DOMINIQUE LAPORTE
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DECISION
Appeal No. AP-2008-015
Notice is hereby given that the Canadian International Trade Tribunal made a decision on February 17, 2010, with respect to an appeal filed by J.I.T. Industrial Supply & Distribution Ltd. from a decision of the President of the Canada Border Services Agency dated July 28, 2008, with respect to a request for re-determination pursuant to subsection 60(4) of the Customs Act.
The appeal, heard on September 22, 2009, pursuant to subsection 67(1) of the Customs Act, was allowed.
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, February 18, 2010
DOMINIQUE LAPORTE
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Professional, administrative and management support services
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2009-060) on February 15, 2010, with respect to a complaint filed by Argair Aerospace Limited (Argair), of Mississauga, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. W8476-10-KW05) 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 mechanical engineering support services.
Argair alleged that PWGSC improperly evaluated its proposal and that the specification was designed to favour a limited number of 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 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, February 15, 2010
DOMINIQUE LAPORTE
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY REVIEW OF ORDERS
Refined sugar
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review (Expiry Review No. RR-2009-003) of its orders made on November 2, 2005, in Expiry Review No. RR-2004-007, continuing, with amendment, its orders made on November 3, 2000, in Review No. RR-99-006, continuing, with amendment, its findings made on November 6, 1995, in Inquiry No. NQ-95-002, concerning the dumping of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the United States of America, Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the subsidizing of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the European Union.
Notice of Expiry No. LE-2009-003, issued on December 29, 2009, informed interested persons and governments of the impending expiry of the orders. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice of expiry, the Tribunal is of the opinion that an expiry review of the orders is warranted. The Tribunal has notified the Canada Border Services Agency (CBSA), as well as other interested persons and governments, of its decision.
The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca. In this expiry review, the CBSA must determine whether the expiry of the orders in respect of refined sugar is likely to result in the continuation or resumption of dumping and subsidizing of the goods.
If the CBSA determines that the expiry of the orders in respect of any goods is likely to result in the continuation or resumption of dumping and subsidizing, the CBSA will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping and subsidizing is likely to result in injury or retardation. The Tribunal will issue its orders and its statement of reasons no later than November 1, 2010.
If the CBSA determines that the expiry of the orders in respect of any goods is unlikely to result in the continuation or resumption of dumping and subsidizing, the Tribunal will not consider those goods in its subsequent determination of the likelihood of injury or retardation and will issue an order rescinding the orders with respect to those goods.
The CBSA must provide notice of its determination within 120 days after receiving notice of the Tribunal’s decision to initiate an expiry review, that is, no later than June 17, 2010. The CBSA will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the CBSA’s investigation.
Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the CBSA’s investigation and the Tribunal’s inquiry, should the CBSA determine that the expiry of the orders in respect of any goods is likely to result in a continuation or resumption of dumping and subsidizing.
The CBSA’s investigation
The CBSA will conduct its investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Trade Programs Directorate’s publication titled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the CBSA by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also be provided which will be disclosed to interested parties upon request.
With respect to the CBSA’s investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the CBSA exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. Further information regarding the CBSA’s investigation can be obtained by contacting the CBSA officer as mentioned below.
Tribunal’s inquiry
Should the CBSA determine that the expiry of the orders in respect of any goods is likely to result in a continuation or resumption of dumping and subsidizing, the Tribunal will conduct its inquiry, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of injury or retardation. The schedule for the Tribunal’s inquiry specifies, among other things, the date for the filing of replies by domestic producers to Part G of the expiry review questionnaire, the date for the filing of updated information from domestic producers, importers and exporters to the expiry review questionnaire replies, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation and the dates for the filing of submissions by interested parties.
In the event that the CBSA does make a determination that the expiry of the orders in respect of any goods is likely to result in a continuation or resumption of dumping and subsidizing, the Tribunal may seek to engage an expert witness to address current market trends, including the global supply and demand outlook for refined sugar.
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 all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the orders shall be filed by interested parties no later than noon, on August 6, 2010. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon, on August 16, 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 August 23, 2010.
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 the information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.
Public hearing
The Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room No. 1, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing on September 7, 2010, at 9:30 a.m., to hear evidence and representations by interested parties.
Each interested person or government wishing to participate at the hearing as a party must file a notice of participation with the Secretary on or before June 25, 2010. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before June 25, 2010.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.
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.
Communication
Requests for information, written submissions and correspondence regarding the CBSA’s investigation should be addressed to Ms. Karen Humphries, Canada Border Services Agency, Anti-dumping and Countervailing Program, 100 Metcalfe Street, 11th Floor, Ottawa, Ontario K1A 0L8, 613-954-7176 (telephone), 613-948-4844 (fax), Karen.Humphries@cbsa-asfc.gc.ca (email).
A copy of the CBSA’s investigation schedule and the expiry review investigation guidelines are available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html.
Written submissions, correspondence and requests for information regarding the Tribunal’s inquiry 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 at www.citt-tcce.gc.ca/apps/index_e.asp. 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 in the required number as instructed. 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 CBSA and the Tribunal may be in English or in French.
Ottawa, February 17, 2010
DOMINIQUE LAPORTE
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 (File Nos. PR-2009-080 to PR-2009-087) from Enterasys Networks of Canada Ltd. (Enterasys), of Thornhill, Ontario, concerning a procurement (Solicitation Nos. M9010-104482/A [RVD631], W8474-10BF32/A [RVD640], 31184-092762/B [RVD641], 45045-090096 [RVD643], WA050-106225 [RVD644], 21120-108465/A [RVD645], 9K001-101037/A [RVD647], 9K001-101037/B [RVD648]) by the Department of Public Works and Government Services (PWGSC). The solicitations are for the provision of networking equipment. 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 complaints.
Enterasys alleges that PWGSC improperly conducted the above-noted solicitations.
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, February 15, 2010
DOMINIQUE LAPORTE
Secretary
[9-1-o]
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Fabricated materials
The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2009-088) from the contractual joint venture of Adware Promotions Inc. and Canadian Spirit Inc. (Adware), of Ottawa, Ontario, concerning a procurement (Solicitation No. 42001-070468/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Treasury Board Secretariat. The solicitation is for the management of the Long Service Award Program and the Instant Award Program. 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.
Adware alleges that PWGSC improperly evaluated its proposal, specifically as it relates to the reference check portion of the evaluation criteria for the Instant Award Program.
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, February 17, 2010
DOMINIQUE LAPORTE
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
ORDER
Copper pipe fittings
Notice is hereby given that, on February 5, 2010, pursuant to subsections 76.01(3) and (4) of the Special Import Measures Act, the Canadian International Trade Tribunal decided not to conduct an interim review of its findings (Interim Review No. RD-2009-002) made on February 19, 2007, in Inquiry No. NQ-2006-002.
Ottawa, February 17, 2010
DOMINIQUE LAPORTE
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, 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.
2010-87 February 15, 2010
Various licensees
Various locations across Canada
Revocation of broadcasting licences for exempted terrestrial broadcasting undertakings and deletion and exemption of licensed service areas under a broadcasting licence.
2010-93 February 16, 2010
Canadian Broadcasting
Corporation Across Canada
Approved — Amendment to the broadcasting licence for the national, English-language Category 2 specialty television programming undertaking known as CBC SportsPlus in order to replace its current conditions of licence with the standard conditions set out in Broadcasting Regulatory Policy 2009-562 and to allow the service to be available for distribution in high-definition format until the end of its licence term.
2010-99 February 19, 2010
Newcap Inc.
Calgary, Alberta
Approved — Amendment to CFUL-FM Calgary’s condition of licence that sets out its required expenditures on Canadian content development.
2010-100 February 19, 2010
Association d’Églises baptistes réformées du Québec
Québec, Quebec
Approved — Amendment to the broadcasting licence for the radio programming undertaking CFOI-FM Québec in order to change the frequency and modify the authorized contours.
2010-101 February 19, 2010
Télé Inter-Rives ltée
Rivière-du-Loup, Quebec
Approved in part — Application for a broadcasting licence to operate a transitional digital television undertaking associated with CIMT-TV Rivière-du-Loup. The Commission amends the broadcasting licence for the television programming undertaking CIMT-TV in order to add a digital transmitter in Rivière-du-Loup.
2010-102 February 19, 2010
Newcap Inc.
Westlock, Alberta
Approved — Broadcasting licence to operate a new English-language commercial FM radio programming undertaking in Westlock, Alberta, to replace the AM station CFOK.
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-72-1
Notice of hearing
April 14, 2010
Gatineau, Quebec
Withdrawal of item 9 and amendment to item 16
Further to Broadcasting Notice of Consultation 2010-72, the Commission announces the following:
Withdrawal of item 9
The following item is withdrawn from this public hearing and will be rescheduled at a later date:
Item 9
Village of Chipman, New Brunswick
Application No. 2009-1649-7
Application by Chipman Community Television Inc. for a broadcasting licence to operate a regional, English-language community television programming undertaking for the Village of Chipman.
Amendment to item 16
The following item is amended and the changes are in bold:
Item 16
Wainwright, Alberta
Application No. 2009-1662-9
Application by Newcap Inc. for a broadcasting licence to operate a new FM radio programming undertaking to replace the existing AM station, CKKY Wainwright.
The Commission notes that approval of this application for a new FM station may require an exception to its common ownership policy for radio which is set out in Public Notice 1998-41 and cited in the Commission’s diversity of voices policy set out in Broadcasting Public Notice 2008-4.
February 16, 2010
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-95
Notice of applications received
Various locations Deadline for submission of interventions and/or comments: March 24, 2010
The Commission has received the following applications:
1. Glassbox Television Inc.
Across Canada
To change its nature of service condition of licence in order to permit BITE to draw programming from category 7(b) On-going comedy series (sitcoms) and category 7(d) Theatrical feature films aired on TV, as set out in Item 6 of Schedule I of the Specialty Regulations, 1990, as amended from time to time.
2. RNC MEDIA Inc.
Val-d’Or and La Sarre, Quebec
To add an FM transmitter at Rouyn-Noranda to rebroadcast the programs of CJGO-FM so that it can adequately serve the population of Rouyn-Noranda. The licensee states that the transmitter is already operational and currently rebroadcasts the programming received by its station CHGO-FM Val-d’Or.
February 17, 2010
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-96
Notice of application received
Memramcook, New Brunswick
Deadline for submission of interventions and/or comments: March 25, 2010
The Commission has received the following application:
1. Radio Beauséjour inc.
Memramcook, New Brunswick
To amend the broadcasting licence for the radio programming undertaking CJSE-FM Shediac, New Brunswick by changing the frequency of the transmitter CJSE-FM-1 Memramcook, New Brunswick from 101.7 MHz (channel 269LP) to 92.5 MHz (channel 223LP). All other technical parameters would remain unchanged.
February 18, 2010
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-97
Call for comments on the reporting requirements for new media broadcasting undertakings
The Commission seeks comments from interested parties on the questions set out in the notice of consultation regarding reporting requirements for new media broadcasting undertakings, including what information should be required and from whom. The Commission will accept comments that it receives on or before April 19, 2010. Parties may also file replies on or before May 3, 2010.
February 18, 2010
[9-1-o]
NATIONAL ENERGY BOARD
APPLICATION TO EXPORT ELECTRICITY
Manitoba Hydro
By an application dated February 26, 2010, Manitoba Hydro (the “Applicant”) [Manitoba Hydro, 360 Portage Avenue, 22nd Floor, Winnipeg, Manitoba R3C 2P4, Attention: K. Jennifer Moroz, 204-360-4539 (telephone)] has applied to the National Energy Board (the “Board”), under Division II of Part VI of the National Energy Board Act (the “Act”), for authorization to export energy to Roseau Electric Cooperative, Inc. of the United States. The export will be for the period of August 1, 2010, to July 31, 2015, up to a maximum of 20 kilowatts.
The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The directions on procedure that follow explain in detail the procedure that will be used.
- Written submissions in respect of the application shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by March 29, 2010.
- Any answer to submissions that the Applicant wishes to present shall be filed with the Secretary of the Board and served on the party that filed the submission by April 13, 2010.
- For further information on the procedures governing the Board’s examination, contact the Secretary of the Board, at 403-299-2714 (telephone) or 403-292-5503 (fax).
ANNE-MARIE ERICKSON
Acting Secretary
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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).
