ARCHIVED — Vol. 145, No. 44 — October 29, 2011

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2011-015

The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals referenced hereunder. These hearings 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 hearings will be held as scheduled.

Customs Act

Bauer Hockey Corporation v. President of the Canada Border Services Agency

Date of Hearing: November 22, 2011

Appeal No.: AP-2011-011

Goods in Issue: Bauer premium and Core integrated neck tops and Bauer Core integrated neck knee length one pieces

Issue: Whether the Bauer premium and Core integrated neck tops are properly classified under tariff item No. 6110.30.00 as jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted, of man-made fibres and whether the Bauer Core integrated neck knee length one pieces are properly classified under tariff item No. 6114.30.00 as other garments, knitted or crocheted, of man-made fibres, as determined by the President of the Canada Border Services Agency, or whether the goods should be classified under tariff item No. 9506.99.90 as other articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in Chapter 95, as claimed by Bauer Hockey Corporation.

Tariff Items at Issue: Bauer Hockey Corporation—9506.99.90
President of the Canada Border Services Agency—6110.30.00 and 6114.30.00

Customs Act

KSB Pumps Inc. v. President of the Canada Border Services Agency

Date of Hearing: November 24, 2011

Appeal No.: AP-2011-013

Goods in Issue: Amaprop submersible agitators

Issue: Whether the goods in issue are properly classified under tariff item No. 8479.82.00 as mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8479.10.00 as machinery for public works, building or the like, as claimed by KSB Pumps Inc.

Tariff Items at Issue: KSB Pumps Inc.—8479.10.00
President of the Canada Border Services Agency—8479.82.00

October 21, 2011

By order of the Tribunal
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 Nos. PR-2011-009 and PR-2011-010) on October 17, 2011, with respect to complaints filed by The Access Information Agency Inc. (AIA), of Ottawa, 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. 1000290123) by the Canada Revenue Agency (CRA). The solicitation was for Access to Information and Privacy Consultants.

AIA alleged that the CRA evaluated its proposal improperly.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement, the Agreement on Government Procurement, the Canada-Chile Free Trade Agreement, the Canada-Peru Free Trade Agreement and the Canada-Colombia Free Trade Agreement, the Tribunal determined that the complaints were 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, October 17, 2011

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, administrative and management support services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2011-036) from ADRM Technology Consulting Group Corp. (ADRM), of Ottawa, Ontario, concerning a procurement (Solicitation No. G9119-11-0001) by the Department of Human Resources and Skills Development (HRSDC). The solicitation is for the services of four Level 2 A.7 programmer analysts. 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.

ADRM alleges that HRSDC failed to properly evaluate its bid in relation to the mandatory criteria contained in the tender documents.

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, October 18, 2011

DOMINIQUE LAPORTE
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

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.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following applications were posted on the Commission’s Web site between October 14, 2011, and October 20, 2011:

  • CKPM-FM Radio Ltd.
    Port Moody, British Columbia
    2011-1352-1
    Amendment to the technical parameters of CKPM-FM
    Deadline for submission of interventions, comments and/or answers: November 16, 2011

  • GlassBOX Television Inc.
    Across Canada
    2011-1372-9
    Amendment of conditions of licence for travel + escape
    Deadline for submission of interventions, comments and/or answers: November 21, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION

2011-654 October 19, 2011

Call for comments on amendments to the Broadcasting Distribution Regulations

The Commission calls for comments on proposed amendments to the Broadcasting Distribution Regulations. These amendments reflect determinations made by the Commission in its proceeding on the customer transfer process and related competitive issues. The deadline for the receipt of comments is November 18, 2011.

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENT

1. The Broadcasting Distribution Regulations (see footnote 1) are amended by adding the following after section 15.3:

CANCELLATION REQUEST

15.4 (1) The following definitions apply in this section.

“business day” means a day other than a Saturday or a holiday. (jour ouvrable)

“cancellation request” means a request to cancel the programming services of one licensee and replace them with the programming services of another licensee. (demande d’annulation)

(2) The current licensee of a subscriber shall accept a cancellation request that is made to it by the subscriber or by a prospective licensee on behalf of the subscriber.

(3) The current licensee and the prospective licensee shall coordinate with each other to cancel and replace the programming services with a view to avoiding any service disruption to the subscriber.

(4) Unless the licensees otherwise agree, cancellation and replacement of the programming services shall occur within two business days after the day on which the cancellation request is made.

COMING INTO FORCE

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

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ORDER

2011-658 October 21, 2011

Broadcasting licence fees — Part Ⅱ

The Broadcasting Licence Fee Regulations, 1997, SOR/97-144, as amended by SOR/2010-157, July 7, 2010 (the Regulations), provide for the payment of a Part Ⅱ licence fee by certain licensed broadcasting undertakings. The revised Regulations were announced by the Commission in Amendments to the Broadcasting Licence Fee Regulations, 1997, Broadcasting Regulatory Policy CRTC 2010-476, July 14, 2010 (Broadcasting Regulatory Policy 2010-476).

Sections 11(1) and 11(2) of the Regulations set out the components for the calculation of the Part Ⅱ licence fees. As per these sections of the Regulations, the total annual amount to be assessed by the Commission is the lesser of the following:

  • (a) $100,000,000, which, starting in 2011, will be adjusted annually on a compound basis in accordance with the percentage increase or decrease, as the case may be, to the Consumer Price Index (CPI) for the calendar year prior to the year of the adjustment. The CPI is the annual average all-items CPI for Canada (not seasonally adjusted) that is published by Statistics Canada. As noted in Broadcasting Regulatory Policy 2010-476, the Commission will use the CPI index set out in Statistics Canada Catalogue No. 62-001-XWE, Table 5, CANSIM vector number v41690973. For 2010, the annual average CPI was 1.8%. Thus the adjusted value of this component for 2011 is $101.8 million.
  • (b) 1.365% multiplied by the aggregate fee revenues for the return year terminating during the previous calendar year of all licensees whose fee revenues exceed the applicable exemption levels, less the aggregate exemption level for all those licensees for that return year (i.e. $11.209 billion). In 2011, this amounts to $153 million.

Pursuant to section 11(3) of the Regulations, the Commission announces in the public notice that the total amount of Part Ⅱ licence fees to be assessed by the Commission in 2011 is $101,800,000, which is the lesser of the two amounts referred to in paragraph 2 of the order.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

  • 2011-649 October 17, 2011

    Peace River Broadcasting Corporation Ltd.
    Peace River and Manning, Alberta

    Approved — Application to amend the broadcasting licence for the radio station CKYL Peace River in order to operate an FM transmitter in Manning.

  • 2011-651 October 18, 2011

    Jean-Noël Allain, on behalf of a corporation to be incorporated
    Bouctouche, New Brunswick

    Denied — Application for a broadcasting licence to operate a predominantly English-language community FM radio station in Bouctouche.

  • 2011-652 October 18, 2011

    Cortes Community Radio Society
    Cortes Island, British Columbia

    Approved — Application for a broadcasting licence to operate an English-language community FM radio station in Cortes Island.

  • 2011-656 October 21, 2011

    Coopérative des travailleurs CHNC
    Carleton, Chandler and New Carlisle, Quebec

    Approved — Applications to change the technical parameters for the French-language commercial radio station CHNC-FM New Carlisle, Quebec, as well as those of its transmitters CHNC-FM-1 Carleton and CHNC-FM-2 Chandler.

  • 2011-660 October 21, 2011

    La radio campus communautaire francophone de Shawinigan inc.
    Shawinigan, Quebec

    Denied — Application to amend the broadcasting licence for the French-language community radio station CFUT-FM Shawinigan.

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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 ratiopharm Inc. (“ratiopharm”) and the medicine “ratio-Salbutamol HFA”

Pursuant to the provisions of section 83 of the Patent Act, the Patented Medicine Prices Review Board (the “Board”) issued a Notice of Hearing on July 18, 2008, to determine whether ratiopharm is selling or has sold the patented medicine ratio-Salbutamol HFA in any market in Canada at a price that is or was excessive and, if so, what order, if any, should be made.

Upon conducting its hearing, the Board issued Reasons on May 27, 2011. On consent, the date for Board staff to submit a draft order to implement the decision of the Board set out in the Reasons was extended to September 9, 2011.

Upon reviewing the submissions in support of the draft order, including affidavits by Ginette Tognet and Daniel Youtoff, sworn September 9, 2011, and September 8, 2011, respectively, the Board, pursuant to section 83 of the Patent Act, orders as follows:

  • (a) The maximum non-excessive (MNE) prices of ratio-Salbutamol HFA in Canada for the reporting periods from July 1, 2002, to June 30, 2010, inclusive shall be as follows:

    REPORTING PERIOD

    MNE

    July–December 2002

    $0.0614

    January–December 2003

    $0.0238

    January–December 2004

    $0.0238

    January–December 2005

    $0.0246

    January–December 2006

    $0.0246

    January–December 2007

    $0.0254

    January–December 2008

    $0.0262

    January–December 2009

    $0.0258 ($0.0262)(see footnote 2)

    January–June 2010

    $0.0265


  • (b) The amount of excess revenues for ratio-Salbutamol HFA, without taking into account any reduction for rebates, whether for prompt pay, returns, continuing education (CE) or performance enhancement program (PEP) payments, for the reporting periods from July 1, 2002, to June 2010, is set out in Exhibit “E” of the affidavit of Ginette Tognet, sworn September 9, 2011.
  • (c) ratiopharm shall pay to Her Majesty in right of Canada, within 60 days after the determination by the Federal Court of a judicial review application that has been brought from the Board’s decision (Federal Court File No. T-1058-11), the sum of $65,898,842.76 to offset excess revenues for ratio-Salbutamol HFA from July 2002 to the end of the January to June 2010 reporting period.

October 17, 2011

DR. BRIEN BENOIT
ANNE WARNER LA FOREST
Board Members
GORDON CAMERON
ANDRÉE WYLIE
Board Counsel
SYLVIE DUPONT
Secretary of the Board

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it granted permission, pursuant to subsection 115(2) of the said Act, to Evelyn Marie Henke, Communications, Visitor Services and Heritage Presentation Officer II (PM-02); Acting Public Outreach Education Officer III (PM-03), Elk Island National Park of Canada, Parks Canada Agency, Alberta, to be a candidate, before and during the election period, for the position of Councillor for the Village of Chipman, Alberta, in a municipal by-election held on September 6, 2011.

October 14, 2011

KATHY NAKAMURA
Director General
Political Activities Directorate

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  • Footnote 1
    SOR/97-555

  • Footnote 2
    Excess revenues for 2009 calculated based on an MNE price using the forecast consumer price index (CPI) as it was higher than actual CPI for 2009.