Vol. 148, No. 10 — March 8, 2014

COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

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

“Notice is hereby given, pursuant to paragraphs 168(1)(b), 168(1)(c) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the organization listed below and that the revocation of the registration is effective on the date of publication of this notice.”

Business Number

Name/Address

894235076RR0001

THE CHURCH OF THE SPRING WATER, VANCOUVER, B.C.

CATHY HAWARA
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Scientific instruments

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2013-041) from Alcohol Countermeasure Systems Corp. (ACS), of Toronto, Ontario, concerning a procurement (Solicitation No. 201403094) by the Royal Canadian Mounted Police. The solicitation is for the provision of ethyl alcohol standards. 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 made a decision on February 21, 2014, to conduct an inquiry into the complaint.

ACS alleges that the procurement process favoured one potential supplier.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, February 21, 2014

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Industrial equipment

Notice is hereby given that the Canadian International Trade Tribunal (the Tribunal) issued an order (File No. PR-2013-028) on February 24, 2014, with respect to a complaint filed by R.P.M. Tech Inc., of Cap-Santé, Quebec, concerning a procurement (Solicitation No. T3003-130050/B) by the Department of Public Works and Government Services on behalf of the Department of Transport. The solicitation was for the supply and delivery of a high-capacity 3600 TPH snow blower.

Pursuant to subsection 30.13(5) of the Canadian International Trade Tribunal Act, the Tribunal has ceased its inquiry into the complaint and terminated all proceedings relating thereto.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, February 25, 2014

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 APPLICATION

The following application was posted on the Commission’s Web site between 21 February 2014 and 27 February 2014:

Leiacomm
Across Canada
2014-0131-4
Complaint against Bell Media
Deadline for submission of interventions, comments and/or answers: 24 March 2014

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ADMINISTRATIVE DECISION

26 February 2014

Cochrane Polar Bear Radio Club
2014-0060-6

Approved — Extension of the time limit to 19 February 2016 to commence the operation of the new transmitter in Smooth Rock Falls, Ontario.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICES OF CONSULTATION

2014-79 25 February 2014

Call for comments on amendments to Commission regulations — Standard non-disclosure clauses and auditing of subscriber information

The Commission calls for comments on proposed amendments to certain of its regulations to put into effect its determinations in Broadcasting Regulatory Policies 2013-578 and 2013-585.

The amendments would require licensed broadcasting undertakings engaged in a distribution arrangement or entering into carriage negotiations to sign agreements that include safeguards against the misuse of competitively sensitive information, thus providing a conducive environment for the negotiation of reasonable terms for the distribution, packaging and retailing of programming services. A further amendment would introduce changes to the Commission’s audit requirements to clarify how audits of subscriber information held by broadcasting distribution undertakings are conducted by programming services.

The deadline for submission of comments is 27 March 2014 and for replies is 7 April 2014.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. The Television Broadcasting Regulations, 1987 (see footnote 1) are amended by adding the following after section 9:

NON-DISCLOSURE

9.1 (1) A licensee whose programming services are being distributed by a licensed distribution undertaking or that is negotiating terms of carriage with such an undertaking for its programming services, including new programming services, shall sign and provide to the licensee of the distribution undertaking an agreement that

(2) A licensee whose programs are being broadcast by a licensed video-on-demand undertaking or that is negotiating terms of carriage with such an undertaking for its programs shall sign and provide to the licensee of the video-on-demand undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the nondisclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

PAY TELEVISION REGULATIONS, 1990

2. The Pay Television Regulations, 1990 (see footnote 2) are amended by adding the following after section 3:

NON-DISCLOSURE

3.1 (1) A licensee whose programming services are being distributed by a licensed distribution undertaking or that is negotiating terms of carriage with such an undertaking for its programming services, including new programming services, shall sign and provide to the licensee of the distribution undertaking an agreement that

(2) A licensee whose programs are being broadcast by a licensed video-on-demand undertaking or that is negotiating terms of carriage with such an undertaking for its programs shall sign and provide to the licensee of the video-on-demand undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the nondisclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

SPECIALTY SERVICES REGULATIONS, 1990

3. The Specialty Services Regulations, 1990 (see footnote 3) are amended by adding the following after section 6:

NON-DISCLOSURE

6.1 (1) A licensee whose programming services are being distributed by a licensed distribution undertaking or that is negotiating terms of carriage with such an undertaking for its programming services, including new programming services, shall sign and provide to the licensee of the distribution undertaking an agreement that

(2) A licensee whose programs are being broadcast by a licensed video-on-demand undertaking or that is negotiating terms of carriage with such an undertaking for its programs shall sign and provide to the licensee of the video-on-demand undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the nondisclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

BROADCASTING DISTRIBUTION REGULATIONS

4. The Broadcasting Distribution Regulation (see footnote 4) are amended by adding the following after section 9:

NON-DISCLOSURE

9.1 (1) A licensee that is distributing programming services of a licensed programming undertaking or that is negotiating terms of carriage with such an undertaking, or with an undertaking otherwise authorized to operate by reason of a Commission decision approving the issuance of a licence under paragraph 9(1)(b) of the Act, for its programming services, including new programming services, shall sign and provide to the other licensee or to the operator of the undertaking otherwise authorized an agreement that

(2) A licensee that is distributing an exempt Category B service or an exempt third-language service of an exempt programming undertaking or that is negotiating terms of carriage with an exempt programming undertaking for an exempt Category B service or an exempt third-language service, including any new programming service that is an exempt Category B service or an exempt third-language service, shall sign and provide to the operator of the exempt programming undertaking an agreement that

(3) For the purposes of subsections (1) and (2), the nondisclosure provisions are those provisions set out in the Appendix to Broadcasting Regulatory Policy CRTC 2013-578, dated October 31, 2013 and entitled Standard clauses for non-disclosure agreements.

5. Section 15.1 of the Regulations is replaced by the following:

15.1 A licensee shall give access to its records to any Canadian programming undertaking that receives a wholesale rate for its programming services to enable the programming undertaking to verify subscriber information for its programming services in accordance with the terms prescribed in the Appendix to Broadcasting Regulatory Policy CRTC 2013-585, dated October 31, 2013 and entitled Provisions governing the timeframes and modalities for the conduct of audits of subscriber information held by broadcasting distribution undertakings.

COMING INTO FORCE

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

2014-85 27 February 2014

Call for comments on proposed amendments to various regulations, to the standard conditions of licence for video-on-demand undertakings, and to certain exemption orders — Provisions requiring the mandatory distribution of emergency alert messages

The Commission calls for comments on proposed amendments to certain of its rules, so as to require the broadcasting industry to participate in the national emergency alerting system. The rules in question relate to the Radio Regulations, 1986, the Television Broadcasting Regulations, 1987, the Broadcasting Distribution Regulations, the standard conditions of licence for video-on-demand undertakings, and exemption orders governing the operation of certain types of undertakings. The proposed amendments would implement the mandatory distribution of emergency alert messages by 31 December 2014, thereby ensuring that Canadians receive timely warnings of imminent perils.

The Commission also calls for comments on certain policy considerations relating to emergency alerting.

The deadline for the receipt of comments is 31 March 2014.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

AMENDMENTS

RADIO REGULATIONS, 1986

1. The Radio Regulations, 1986 (see footnote 5) are amended by adding the following after section 15:

PART IV

EMERGENCY ALERTS

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

“issuing authority” means any person who is authorized by a Canadian governmental authority — including without limitation the Department of the Environment (Canada), federal and provincial government departments and agencies responsible for emergency management and public safety, and municipal officials — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

“National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

(2) Except as otherwise provided under a condition of its licence, a licensee shall implement, by no later than December 31, 2014, a public alerting system on all its stations that immediately broadcasts on a given station any audio alert that it receives from the National Alert Aggregation and Dissemination System that

(3) The licensee shall implement the public alerting system on each of its transmitters.

(4) The licensee shall broadcast the alert only on transmitters that serve the area targeted by the alert.

(5) The licensee shall ensure that the alerts that it broadcasts are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System: Common Look and Feel Guidance, published by the Canadian Association for Public Alerting and Notification (CAPAN), as amended from time to time.

TELEVISION BROADCASTING REGULATIONS, 1987

2. The Television Broadcasting Regulations, 1987 (see footnote 6) are amended by adding the following after section 17:

EMERGENCY ALERTS

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

“issuing authority” means any person who is authorized by a Canadian governmental authority — including without limitation the Department of the Environment (Canada), federal and provincial government departments and agencies responsible for emergency management and public safety, and municipal officials — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

“National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

(2) Except as otherwise provided under a condition of its licence, a licensee shall implement, by no later than December 31, 2014, a public alerting system on all its stations that immediately broadcasts on a given station any alert that it receives — in a form including both text and audio content — from the National Alert Aggregation and Dissemination System that

(3) The licensee shall implement the public alerting system on each of its transmitters.

(4) The licensee shall broadcast the alert only on transmitters that serve the area targeted by the alert.

(5) The licensee shall ensure that the alerts that it broadcasts are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System: Common Look and Feel Guidance, published by the Canadian Association for Public Alerting and Notification (CAPAN), as amended from time to time.

BROADCASTING DISTRIBUTION REGULATIONS

3. The portion of section 7 of the Broadcasting Distribution Regulations (see footnote 7) before paragraph (a) is replaced by the following:

7. Subject to section 7.2, a licensee shall not alter the content or format of a programming service or delete a programming service in a licensed area in the course of its distribution except

4. The Regulations are amended by adding the following after section 7.1:

EMERGENCY ALERTS

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

“issuing authority” means any person who is authorized by a Canadian governmental authority — including without limitation the Department of the Environment (Canada), federal and provincial government departments and agencies responsible for emergency management and public safety, and municipal officials — to issue warnings to the public, and to the National Alert Aggregation and Dissemination System, announcing danger to life or property. (autorité compétente)

“National Alert Aggregation and Dissemination System” means the alert message aggregation system established and operated by Pelmorex Communications Inc. (système d’agrégation et de dissémination national d’alertes)

(2) Except as otherwise provided under a condition of its licence, a licensee shall implement, by no later than December 31, 2014, a public alerting system that immediately alters a programming service being distributed by the licensee in a licensed area to insert any alert that it receives — in a form including both text and audio content — from the National Alert Aggregation and Dissemination System that

(3) The licensee shall insert the alert in all programming services that the licensee is distributing to subscribers whose residence or other premises are located in an area targeted by the alert.

(4) The licensee shall ensure that the alerts that it inserts in a programming service are in conformity with the specifications and recommended practices set out in the document entitled National Public Alerting System: Common Look and Feel Guidance, published by the Canadian Association for Public Alerting and Notification (CAPAN), as amended from time to time.

COMING INTO FORCE

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

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ORDER

2014-84 26 February 2014

Broadcasting licence fees — Part I

1. The Broadcasting Licence Fee Regulations, 1997 (the Regulations) provide for the payment of a Part I licence fee by certain broadcasting undertakings. Subsection 9(1) of the Regulations sets out the components for the calculation of the regulatory costs.

2. Pursuant to section 10 of the Regulations, the Commission hereby announces in this public notice that the estimated total broadcasting regulatory costs of the Commission for the 2014–2015 fiscal year are $29.853 million.

3. The annual adjustment amount (credit) referred to in subsection 8(2) for the 2012–2013 fiscal year is $0.821 million.

4. A second adjustment pertaining to the 2013–2014 fiscal year in the amount of $0.165 million is being made following the revision of the Part I billing amounts for a small number of broadcasting undertakings. Part I broadcasting licence fees were recalculated and the adjustment is being invoiced to the other broadcasting undertakings.

5. The net billing for the Part I licence fee for the 2014–2015 fiscal year, taking into account the adjustments in paragraphs 3 and 4 above, is $29.197 million. This amount is $1.346 million lower (i.e. a decrease of 4.4%) than the net billing of $30.543 million in the previous fiscal year.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

2014-78 24 February 2014

Newcap Inc.
High Prairie, Alberta

Approved — Application to change the authorized contours of the English-language commercial radio station CKVH-FM High Prairie.

2014-80 25 February 2014

Various television programming undertakings
Across Canada

Renewed — Broadcasting licences for various television stations, from 1 April 2014 to 31 August 2014.

2014-81 25 February 2014

Viewer’s Choice Canada Inc.
Eastern Canada

Revoked — Broadcasting licence for the regional Englishlanguage general interest direct-to-home pay-per-view television programming undertaking known as Viewer’s Choice Canada authorized to serve various locations in Eastern Canada.

2014-83 26 February 2014

Nakusp Community Radio Society
Nakusp, British Columbia

Approved — Application for authority to acquire from Nakusp Roots Music Society the assets of the English-language community radio station CJHQ-FM Nakusp.

2014-94 28 February 2014

OpenBroadcaster Inc.
Across Canada

Approved — Application for a broadcasting licence to operate a national video-on-demand service.

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COMPETITION TRIBUNAL

COMPETITION ACT

Application for an order

Notice is hereby given that on February 21, 2014, an application pursuant to section 106 of the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by Kobo Inc., to rescind or vary the Consent Agreement filed and registered with the Competition Tribunal on February 7, 2014, under section 105 of the Competition Act.

The particulars of the order sought pursuant to section 106 of the Competition Act are as follows:

Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Registrar on or before April 17, 2014.

The notice of application and accompanying documents may be examined at the Registry of the Tribunal or a copy may be obtained using the Competition Tribunal Web site at www.ct-tc.gc.ca. Requests for information regarding this application should be addressed to the Deputy Registrar, Competition Tribunal,  600–90 Sparks Street, Ottawa, Ontario K1P 5B4, or by telephone at 613-954-0857.

February 28, 2014

RAYNALD CHARTRAND
Registrar

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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 Teva Neuroscience G.P.-S.E.N.C. (the “Respondent”) and the medicine Copaxone

This Order pertains to a decision of the Patented Medicine Prices Review Board (“the Board”) following a hearing initiated on May 8, 2006, with the issuance of a Notice of Hearing, to determine whether Teva Neuroscience G.P.-S.E.N.C., now Teva Canada Innovation (“Teva”), under sections 83 and 85 of the Patent Act (the “Act”), is selling or has sold the medicine known as Copaxone Syringe, Drug Identification Number (“DIN”) 02245619 (“Copaxone Syringe”) in any market in Canada at a price that, in the opinion of the Board is, or was, excessive and, if so, what order, if any, should be made.

The procedural history of this matter is detailed in the Board’s February 23, 2012, decision on the 2010 redetermination of this case.

On January 31, 2014, Teva and Board staff filed a joint submission proposing a voluntary compliance undertaking (“VCU”) by which it proposed to resolve all issues raised in these proceedings. On February 13, 2014, Teva and Board staff filed a supplementary joint submission at the Board’s request to clarify the methodology applied by the parties to appropriately balance the subsection 85(1) factors of the Act and determine a payment by way of VCU, specifically how the methodology set out in paragraph 11 of the joint submission yielded the proposed payment set out in paragraph 12 of the submission.

The Board has decided to accept Teva’s VCU as proposed by the parties, effective as of the date of this Order. The Board members underscore that the acceptance of the attached VCU is premised on the specific and unique facts presented in this case. The Board members also underscore that the parties accept the approach and methodology set out in the Board’s February 23, 2012, decision.

The acceptance of this VCU is not to be interpreted as recognition of any policy change in how the Board’s Guidelines are to be interpreted.

Accordingly, by Order of this Board the proceeding of redetermination which was commenced in May 2013 is hereby concluded.

February 14, 2014

SYLVIE DUPONT
Secretary of the Board

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