Vol. 145, No. 21 — May 21, 2011

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2011-005

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. This 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

Tyco Safety Products Canada, Ltd. (formerly Digital Security Controls Ltd.) v. President of the Canada Border Services Agency

Date of Hearing: June 14, 2011

Appeal No.: AP-2010-055

Goods in Issue: Various models of digital video management systems

Issue: Whether the goods in issue are properly classified under tariff item No. 8521.90.90 as other video recording or reproducing apparatus, whether or not incorporating a video tuner, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8525.50.00 as transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus, or, in the alternative, under tariff item No. 8471.49.00 as other automatic data processing machines and units thereof, not elsewhere specified or included, presented in the form of systems, as claimed by Tyco Safety Products Canada, Ltd. (formerly Digital Security Controls Ltd.).

Tariff Items at Issue: Tyco Safety Products Canada, Ltd. (formerly Digital Security Controls Ltd.)—8525.50.00 or 8471.49.00
President of the Canada Border Services Agency—8521.90.90

May 13, 2011

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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INQUIRY

Fire fighting, security and safety equipment

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2011-007) from Acklands-Grainger Inc. (Acklands-Grainger), of Richmond Hill, Ontario, concerning a procurement (Solicitation No. E60HN-10FSRE/A) by the Department of Public Works and Government Services (PWGSC). The solicitation is for the supply of fire fighting, safety and rescue 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 complaint.

Acklands-Grainger alleges that PWGSC violated various provisions of the trade agreements by (1) accepting bids from manufacturers, which raises conflicts of interest, (2) choosing a price update mechanism that creates an incentive for manufacturers to discriminate and (3) choosing a price update mechanism that restricts competition and creates unnecessary obstacles to trade.

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, May 12, 2011

DOMINIQUE LAPORTE
Secretary

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NOTICE TO INTERESTED PARTIES

The Commission posts on its Web site the decisions, notices of consultation and regulatory policies that it publishes, as well as information bulletins and orders. On April 1, 2011, the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure came into force. As indicated in Part 1 of these Rules, some broadcasting applications are posted directly on the Commission’s Web site, www.crtc.gc.ca, under “Part 1 Applications.”

To be up to date on all ongoing proceedings, it is important to regularly consult “Today’s Releases” on the Commission’s Web site, which includes daily updates to notices of consultation that have been published and ongoing proceedings, as well as a link to Part 1 applications.

The following documents are abridged versions of the Commission’s original documents. The original documents contain a more detailed outline of the applications, including the locations and addresses where the complete files for the proceeding may be examined. These documents are posted on the Commission’s Web site and may also be examined at the Commission’s offices and public examination rooms. Furthermore, all documents relating to a proceeding, including the notices and applications, are posted on the Commission’s Web site under “Public Proceedings.”

PART 1 APPLICATIONS

The following applications have been posted on the Commission’s Web site between May 6, 2011, and May 12, 2011:

Canadian Broadcasting Corporation
Sarnia, Ontario
2011-0756-6
Amend the technical parameters of CBLFT-17 transmitter
Deadline for submission of interventions, comments and/or answers: June 8, 2011
V Interactions inc.
Sherbrooke, Quebec
2011-0746-7
Addition of a transmitter for CFKS-TV
Deadline for submission of interventions, comments and/or answers: June 8, 2011

Sun TV News General Partnership
Across Canada
2011-0794-6
Allegation of undue preference and/or disadvantage — Quebecor
Media Inc. vs. Bell Canada
Deadline for submission of interventions, comments and/or answers: June 10, 2011

Canadian Broadcasting Corporation
Windsor, Ontario
2011-0791-2
Amend the technical parameters of CBET-DT transmitter
Deadline for submission of interventions, comments and/or answers: June 10, 2011

Seaside Broadcasting Organization
Eastern Passage, Nova Scotia
2011-0792-0
Technical amendment — Relocation of the transmitter site for CFEP-FM
Deadline for submission of interventions, comments and/or answers: June 13, 2011

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NOTICES OF CONSULTATION

2011-314 May 12, 2011

Notice of applications received

Various locations
Deadline for submission of interventions, comments and/or answers: June 16, 2011

The Commission has received the following applications:

1. Le5 Communications Inc.
Sudbury, Ontario
Application to amend the broadcasting licence for the French-language commercial radio station CHYC-FM Sudbury.

2. Norwesto Communications Ltd.
Vermilion Bay, Dryden, Kenora and Sioux Lookout, Ontario
Application to renew the broadcasting licence for the English-language commercial radio station CKQV-FM Vermilion Bay and its transmitters CKQV-FM-1 Dryden, CKQV-FM-2 Kenora and CKQV-FM-3 Sioux Lookout, expiring August 31, 2011.

3. HB Communications Inc.
Hudson Bay, Saskatchewan
Application to amend the broadcasting licence for the English-language radio station CFMQ-FM Hudson Bay by relocating its existing transmitter to Hudson Bay from its present location five kilometres away.

2011-317 May 13, 2011

Notice of applications received

Various locations
Deadline for submission of interventions, comments and/or answers: June 17, 2011

The Commission has received the following applications:

1. Bell ExpressVu Inc. (the general partner) and Bell Canada and Bell ExpressVu Inc. (partners in BCE Holdings G.P., a general partnership that is the limited partner), carrying on business as Bell ExpressVu Limited Partnership
Across Canada

Application to amend the broadcasting licence for the video-on-demand service in order to be authorized to offer community programming that would be produced by the affiliated company Bell Aliant.

2. Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
Various municipalities in the Atlantic provinces

Application to amend the regional licence for the Class 1 terrestrial broadcasting distribution undertaking serving various municipalities in the Atlantic provinces in order to distribute community programming over a video-on-demand platform.

3. TELUS Communications Inc., and 1219823 Alberta ULC and Emergis Inc. in partnership with TELUS Communications Inc. in Société TÉLÉ-MOBILE Company, partners in a general partnership carrying on business as TELUS Communications Company
Baie-Comeau, Gaspé, Montmagny, Mont-Tremblant, Rimouski, Sainte-Marie, Saint-Georges, Sept-Îles and surrounding areas, Quebec

Application to renew the regional licence for the Class 1 terrestrial broadcasting distribution undertakings serving the above-mentioned locations, expiring August 31, 2011.

4. Bell Canada
Drummondville (region of Centre-du-Québec), Gatineau, Joliette (region of Lanaudière), Montréal, Québec, Sherbrooke, Saint-Jérôme (region of Laurentides), Trois-Rivières (region of Mauricie) and surrounding areas, Quebec

Application to renew the regional licence for the Class 1 terrestrial broadcasting distribution undertakings serving Gatineau, Montréal, Québec, Sherbrooke and surrounding areas, expiring August 31, 2011.

5. Bell Canada
Kingston, Hamilton/Niagara, Kitchener, London, Oshawa, Ottawa, Peterborough, Stratford, Toronto, Windsor and surrounding areas, Ontario

Application to renew the Class 1 regional licence for the terrestrial broadcasting distribution undertakings serving Hamilton/Niagara, Kitchener, London, Oshawa, Ottawa, Toronto, Windsor and surrounding areas, expiring August 31, 2011.

2011-319 May 13, 2011

Notice of application received

Amherst, Nova Scotia
Deadline for submission of interventions, comments and/or answers: June 2, 2011

The Commission has received the following application:

1. Maritime Broadcasting System Limited
Amherst, Nova Scotia

Application relating to the broadcasting licence for the English-language commercial FM radio programming undertaking CKDH-FM Amherst to amend the technical parameters of its transmitter, CKDH-FM, by increasing the average effective radiated power (ERP) from 18 700 to 23 000 W (maximum ERP from 40 000 to 50 000 W) and by decreasing the effective height of antenna above average terrain from 32 to 16 m.

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DECISIONS

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

2011-304 May 9, 2011

Société de télédiffusion du Québec
Trois-Rivières, Quebec

Approved — Application to amend the broadcasting licence for the television station CIVM-TV Montréal to add a post-transition digital transmitter to serve the population of Trois-Rivières.

2011-306 May 11, 2011

Ethnic Channels Group Limited
Across Canada

Approved — Application for a broadcasting licence to operate Greek TV, a national, general interest third-language ethnic Category 2 specialty service and an authority to broadcast up to six minutes of local advertising per hour.

Denied — Request for relief from an obligation relating to the closed captioning of English- and French-language programming.

2011-312 May 12, 2011

Consortium de télévision Québec Canada inc.
Across Canada

Renewed — Broadcasting licence for the French-language specialty television programming undertaking TV5 Québec Canada, from September 1, 2012, to August 31, 2013.

2011-315 May 12, 2011

Red Star Television Inc.
Across Canada

Approved — Application for a broadcasting licence to operate Red Star Television, a national, general interest third-language ethnic Category 2 specialty service.

2011-318 May 13, 2011

7340362 Canada Inc.
Across Canada

Approved — Application for a broadcasting licence to operate V MAX, a national, French-language Category 2 specialty service.

2011-320 May 13, 2011

CTV Inc.
Peterborough, Ontario

Denied — Application to modify the technical parameters of its transmitter CKQM-FM Peterborough.

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HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of a claim for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer of the Hazardous Materials Information Review Commission hereby gives notice of the receipt of the claims for exemption listed below.

The above claims seek exemption from the disclosure of employer confidential information in respect of a controlled product which would otherwise be required to be disclosed by the provisions of the applicable provincial legislation relating to occupational health and safety.

The above claims seek exemption from the disclosure of supplier confidential business information in respect of a controlled product; such disclosure would otherwise be required under the provisions of the Hazardous Products Act.

Subsection 12(2) of the Hazardous Materials Information Review Act requires that this notice contain a statement offering every affected party the opportunity to make written representations to the screening officer with respect to the claim for exemption and the material safety data sheet to which it relates.

Under the provisions of the Hazardous Materials Information Review Regulations, “affected party,” for purposes of the Hazardous Materials Information Review Act, means, in respect of a controlled product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and who uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes

• (a) a supplier of the controlled product;
  
• (b) an employee at the work place;
  
• (c) an employer at the work place;
  
• (d) a safety and health professional for the work place;
  
• (e) a safety and health representative or a member of a safety and health committee for the work place; and
  
• (f) a person who is authorized in writing to represent
  
  • (i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or
    
  • (ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.

Written representations respecting a claim for exemption cited in the present notice, or the material safety data sheet to which the claim relates, must cite the appropriate registry number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the screening officer at the following address: Hazardous Materials Information Review Commission, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3.

G. BRUINS
Acting Chief Screening Officer

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SPECIES AT RISK ACT

Description of critical habitat of Red Mulberry in Point Pelee National Park of Canada

Red Mulberry (Morus rubra) is a species listed on Schedule 1 to the Species at Risk Act as Endangered. It is an understory tree that occurs at three sites within the mainland portion of Point Pelee National Park of Canada and one site on Middle Island within the same park. Critical habitat for Red Mulberry is identified within the Recovery Strategy for the Red Mulberry (Morus rubra) in Canada.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, critical habitat of Red Mulberry in the mainland portion of Point Pelee National Park of Canada (Figure 1), as identified on the National Topographic System (NTS) Map 40G/15 (Edition 7, printed 2001), and on Middle Island (Figure 2), as identified on NTS Map 40 G/10 (Edition 6, printed 1999), is described based on individual occupancy (a circle, hereafter referred to as a tree root zone, with a radius of 15 m surrounding the trunk of each live, individual, naturally occurring Red Mulberry tree).

Critical habitat parcel numbers are based on the unique Committee on the Status of Endangered Wildlife in Canada (COSEWIC) species identification number for Red Mulberry (228) and parcel number.

Critical habitat is found within an area delineated by a minimum convex polygon that encompasses the tree root zone of all Red Mulberry trees that are within 999 m or less of another Red Mulberry tree. Within the geographic boundaries of these minimum convex polygons (see Figures 1 and 2), critical habitat is located where the following biophysical attributes occur: moist, but well-drained Woodland (tree cover greater than 35% and less than or equal to 60%) and Forest (tree cover greater than 60%), Ecological Land Classification (ELC) community classes, including areas where additional light penetrates the tree canopy (e.g. forest gaps and edges), and moist swales in sandy soils. On Middle Island, critical habitat also includes the Cultural Meadow/ Cultural Thicket ELC community series, as this community is in the process of regenerating from former anthropogenic uses and is expected to succeed to woodland and eventually forest.

Existing anthropogenic features are excluded from critical habitat. These features include, but are not limited to, existing infrastructure (e.g. roads, trails, and parking lots) and unnatural vegetation types (e.g. grassed areas and septic beds). In addition, all White Mulberry trees and hybrid mulberry trees are excluded from critical habitat. Further details regarding Red Mulberry critical habitat can be found at the Species at Risk Public Registry Web site.

Figure 1*

* Figure 1: Areas within which critical habitat for Red Mulberry are found (critical habitat parcel No. 228_11, No. 228_12, and No. 228_13) in Point Pelee National Park of Canada. Critical habitat does not include existing infrastructure or unnatural vegetation types. Please refer to the Species at Risk Public Registry Web site for more details on Red Mulberry critical habitat.

Figure 2*

* Figure 2: Area within which critical habitat for Red Mulberry is found (critical habitat parcel No. 228_16) in Point Pelee National Park of Canada. Critical habitat does not include existing infrastructure or unnatural vegetation types. Please refer to the Species at Risk Public Registry Web site for more details on Red Mulberry critical habitat.

May 4, 2011

GEOFFREY HANCOCK
Field Unit Superintendent
Southwestern Ontario Field Unit

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PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 114(4) of the said Act, to Michael Yen, Collections Contact Officer (SP-04), Canada Revenue Agency, Toronto, Ontario, to allow him to seek nomination as, and be, a candidate before the election period in the provincial election for the electoral district of Trinity—Spadina, Ontario, to be held on October 6, 2011.

The Public Service Commission of Canada, pursuant to subsection 114(5) of the said Act, has also granted a leave of absence without pay during the election period, effective at close of business on the first day of the election period, to allow him to be a candidate during the election.

May 5, 2011

MARIA BARRADOS
President

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