Vol. 151, No. 9 — March 4, 2017

COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain silicon metal — Decisions

On February 20, 2017, pursuant to subsection 31(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) initiated investigations into the alleged injurious dumping of certain silicon metal originating in or exported from the Federative Republic of Brazil (Brazil), the Republic of Kazakhstan (Kazakhstan), Lao People’s Democratic Republic, Malaysia, the Kingdom of Norway (Norway), the Russian Federation and the Kingdom of Thailand (Thailand), and the alleged injurious subsidizing of certain silicon metal originating in or exported from Brazil, Kazakhstan, Malaysia, Norway and Thailand.

The subject goods are usually classified under the following Harmonized System number:

The Canadian International Trade Tribunal (CITT) will conduct a preliminary inquiry into the question of injury to the Canadian industry. The CITT will make a decision within 60 days of the date of initiation. If the CITT concludes that the evidence does not disclose a reasonable indication of injury, the investigations will be terminated.

Information

The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA website at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting the SIMA Registry and Disclosure Unit by telephone at 613-948-4605 or by email at simaregistry@cbsa-asfc.gc.ca.

Representations

Interested persons are invited to file written submissions presenting facts, arguments and evidence relevant to the alleged dumping and subsidizing. Written submissions should be forwarded to the Canada Border Services Agency, Trade and Anti-dumping Programs Directorate, SIMA Registry and Disclosure Unit, 100 Metcalfe Street, 11th Floor, Ottawa, Ontario K1A 0L8. To be given consideration in these investigations, this information should be received by July 10, 2017.

Any information submitted by interested persons concerning these investigations will be considered public information unless clearly marked confidential. When a submission is marked confidential, a non-confidential edited version of the submission must also be provided.

Ottawa, February 20, 2017

Brent McRoberts
Director General
Trade and Anti-dumping Programs Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2016-025

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, 333 Laurier Avenue West, 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

Best Buy Canada Ltd. v. President of the Canada Border Services Agency
Date of Hearing April 4, 2017
Appeal No. AP-2016-027
Goods in Issue “Z-Line Designs” floor stands for flat panel televisions
Issue Whether the goods in issue are properly classified under tariff item No. 9403.20.00 as other metal furniture, and tariff item No. 9403.60.10 as other wooden furniture for domestic purposes, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8529.90.90 as other parts suitable for use solely or principally with the apparatus of heading Nos. 85.25 to 85.28, as claimed by Best Buy Canada Ltd.
Tariff Items at Issue Best Buy Canada Ltd.—8529.90.90

President of the Canada Border Services Agency—9403.20.00 and 9403.60.10
Customs Act

Costco Wholesale Canada Ltd. v. President of the Canada Border Services Agency
Date of Hearing April 6, 2017
Appeal No. AP-2015-014
Goods in Issue Laundry Bags
Issue Whether the goods in issue are properly classified under tariff item No. 6307.90.99 as other made up articles of other textile materials, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 4819.40.00 as other sacks and bags, including cones, or, alternatively, under tariff item No. 9403.89.19 as other furniture and parts thereof, as claimed by Costco Wholesale Canada Ltd.
Tariff Items at Issue Costco Wholesale Canada Ltd.—4819.40.00 or 9403.89.19

President of the Canada Border Services Agency—6307.90.99

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INTERIM REVIEW

Certain fasteners

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 76.01(1) of the Special Import Measures Act (SIMA), it has initiated an interim review (Interim Review No. RD-2016-003) of its order made on January 5, 2015, in Expiry Review No. RR-2014-001, continuing, with amendment, its order made on January 6, 2010, in Expiry Review No. RR-2009-001, continuing, with amendment, its findings made on January 7, 2005, in Inquiry No. NQ-2004-005, concerning the dumping of certain carbon steel fasteners originating in or exported from the People’s Republic of China and Chinese Taipei and the subsidizing of such products originating in or exported from the People’s Republic of China, excluding the products described in the orders and findings cited above (see Appendix).

On September 1, 2016, the Tribunal received a request from O’Berry Enterprises Inc. for an interim review of the order excluding the following product:

On September 9, 2016, the Tribunal informed all parties to Expiry Review No. RR-2014-001 that it had received the request for interim review from O’Berry Enterprises Inc., that the Tribunal had determined that the request was properly documented, and that the parties could make representations to the Tribunal concerning whether the request warranted commencing an interim review.

On September 26, 2016, Leland Industries Inc., Spaenaur Inc., and Visqué Inc. filed submissions on the request for interim review.

On October 5, 2016, O’Berry Enterprises Inc. filed reply submissions.

The Tribunal has examined the request and submissions, and has decided that an interim review limited to the exclusion request by O’Berry Enterprises Inc. is warranted.

Each person or government wishing to participate in the interim review must file a notice of participation with the Tribunal on or before noon on March 6, 2017. Each counsel who intends to represent a party in the interim review must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before noon on March 6, 2017.

Please note that the Tribunal will consider, in determining whether to grant the exclusion request, all submissions that have already been filed by parties and/or their counsel. While parties and counsel are welcome to file additional submissions regarding new evidence or arguments, they need not make additional submissions that merely repeat or restate the points they have already raised.

On March 10, 2017, the Tribunal will distribute the public information to all parties that have filed notices of participation and the confidential information to counsel who have filed a declaration and undertaking with the Tribunal.

In accordance with paragraph 25(c) of the Rules, the Tribunal will conduct the interim review by way of written submissions. Interested parties are invited to file written submissions with the Tribunal no later than noon on March 24, 2017. Each person or government that files a submission in response to the notice of commencement of interim review will be given an opportunity to respond in writing to the representations of other persons or governments. Persons or governments wishing to respond to the submissions must do so no later than noon on April 10, 2017. All submissions must be filed with the Tribunal in three copies.

Submissions should be based exclusively on public information. However, relevant confidential information may be filed, if necessary, along with a comprehensive public summary or public edited version of the confidential information. Confidential submissions will be made available to counsel who have filed the relevant declarations and undertakings.

Parties are required to serve each other. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record and who have filed an Undertaking with the Tribunal. This information will be included in the List of Participants which will be distributed to counsel and parties no later than noon on March 7, 2017. Submissions are to be served in accordance with the directions below:

  1. Submissions that contain information that is confidential to your company/government or your client may be served by electronic means provided you are willing to accept the associated risks.
  2. Submissions that contain third-party confidential information, meaning confidential information belonging to a company/government that is not your own or that is not represented by you must be served by courier. Service must be effected so that the said submissions arrive on the stated due dates as set out above.

Please note that proof of service must be filed with the Tribunal at the same time as the required copies are served on the Tribunal. Please see the Tribunal’s Guideline on the Designation, Protection, Use and Transmission of Confidential Information found at www.citt-tcce.gc.ca/en/Confidentiality_guidelines_e for additional information.

Written submissions, correspondence and requests for information regarding this notice should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt-tcce@tribunal.gc.ca (email).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at https://apps.citt-tcce.gc.ca/sftapp/CITT/html/transfer_e.html. The information is fully encrypted from the sender to the Tribunal.

Parties must still file paper copies in the required number, as instructed. 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 these proceedings, 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 decision will be posted on its website and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.

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

Ottawa, February 17, 2017

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

Silicon metal

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry (Preliminary Injury Inquiry No. PI-2016-004) to determine whether the evidence discloses a reasonable indication that the alleged injurious dumping of silicon metal containing at least 96.00% but less than 99.99% silicon by weight, and silicon metal containing between 89.00% and 96.00% silicon by weight that contains aluminum greater than 0.20% by weight, of all forms and sizes (the subject goods), originating in or exported from the Federative Republic of Brazil (Brazil), the Republic of Kazakhstan (Kazakhstan), Lao People’s Democratic Republic, Malaysia, the Kingdom of Norway (Norway), the Russian Federation and the Kingdom of Thailand (Thailand), and subsidizing of the subject goods originating in or exported from Brazil, Kazakhstan, Malaysia, Norway and Thailand, have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA.

The Tribunal’s preliminary injury inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the preliminary injury inquiry must file a notice of participation with the Tribunal on or before March 6, 2017. Each counsel who intends to represent a party in the preliminary injury inquiry must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before March 6, 2017.

On March 13, 2017, the Tribunal will issue a list of participants. Counsel and parties are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record, and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. One photocopy-ready original and six bound copies of all submissions must be served on the Tribunal.

Submissions by parties opposed to the complaint must be filed not later than noon, on March 21, 2017. The complainants may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on March 28, 2017. At that time, other parties in support of the complaint may also make submissions to the Tribunal.

In accordance with 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, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a summary cannot be made.

Written submissions, correspondence and requests for information regarding this notice should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt-tcce@tribunal.gc.ca (email).

Further details regarding this preliminary injury inquiry, including the schedule of key events, are contained in the sections entitled “Additional Information” and “Preliminary Injury Inquiry Schedule” of the notice of commencement of preliminary injury inquiry available on the Tribunal’s website at www.citt-tcce.gc.ca/en/whats-new.

Ottawa, February 21, 2017

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Medical equipment, supplies and pharmaceuticals

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2016-031) on January 19, 2017, with respect to a complaint filed by Medi+Sure Canada Inc. (Medi+Sure) of Ajax, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. 21120-161512/A) by the Department of Public Works and Government Services (PWGSC), on behalf of Correctional Services Canada. The solicitation was for the supply of diabetic test strips and glucometers.

Medi+Sure alleged that PWGSC awarded the contract to a bidder who did not comply with the technical requirements set out in the Request for Proposal, namely, that the strips be enclosed in a container that is tamper-resistant in order to prevent removal of the desiccant.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal determined that the complaint was valid.

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

Ottawa, February 24, 2017

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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-2016-058) from Le Groupe Conseil Bronson Consulting Group (Bronson), of Ottawa, Ontario, concerning a procurement (Solicitation No. B8694-150140/D) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Citizenship and Immigration for the provision of services for Canadian Visa Application Centres. 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 17, 2017, to conduct an inquiry into the complaint.

Bronson alleges that PWGSC improperly disclosed certain of its confidential information to a competing bidder and that it drafted the solicitation requirements in a biased manner so as to favour one or more current contract holders.

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

Ottawa, February 24, 2017

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website 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 website, 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 website, 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 website 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 website under “Public Proceedings.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following applications for renewal or amendment, or complaints were posted on the Commission’s website between February 17 and February 23, 2017.

Application filed by Application number Undertaking City Province Deadline for submission of interventions, comments or replies
Klondike Broadcasting Company Limited 2017-0084-9 CKRW-FM Whitehorse Yukon Territory March 2, 2017
Canadian Broadcasting Corporation 2017-0089-9 CBCM-FM Penetanguishene Ontario March 20, 2017
Canadian Broadcasting Corporation 2017-0090-7 CJBC-3-FM Penetanguishene Ontario March 20, 2017
Canadian Broadcasting Corporation 2017-0091-4 CBCO-FM Orillia Ontario March 22, 2017
Canadian Broadcasting Corporation 2017-0092-2 CBL-FM-3 Orillia Ontario March 22, 2017

ADMINISTRATIVE DECISIONS

Applicant’s name Undertaking City Province Date of decision
Seventh-Day Adventist Church in Newfoundland and Labrador VOAR-9-FM Corner Brook Newfoundland and Labrador February 20, 2017

DECISIONS

Decision number Publication date Applicant’s name Undertaking City Province
2017-44 February 20, 2017 Stingray Digital Group Inc. Stingray Festival 4K Across Canada  
2017-45 February 20, 2017 TELUS Communications Company RIDE TV Across Canada  
2017-47 February 22, 2017 Shaw Cablesystems Limited CJBN-TV Kenora Ontario

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Tenaska Power Canada

By an application dated February 23, 2017, Tenaska Power Canada, a Division of TPS Corp. (the “Applicant”) 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 up to 1 400 000 MWh of firm energy and up to 3 000 000 MWh of interruptible energy annually for a period of 10 years.

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 the application be designated for a licensing procedure. The directions on procedure that follow explain in detail the procedure that will be used.

  1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at Tenaska Power Canada, c/o Tenaska Marketing Canada, Attn: Tomasz Lange, 2500–300 5th Avenue SW, Stock Exchange Tower, Calgary, Alberta T2P 3C4, 817-303-1860 (telephone), 817-303-1867 (fax), tpscontractadmins@tnsk.com (email), and provide a copy of the application to any person who requests one. A copy of the application is available for viewing during normal business hours, by appointment, in the Board’s library, at 517 Tenth Avenue SW, 2nd Floor, Calgary, Alberta T2R 0A8. To make an appointment, please call 1-800-899-1265. The application is also available online at www.neb-one.gc.ca.
  2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 517 Tenth Avenue SW, Calgary, Alberta T2R 0A8, 403-292-5503 (fax), and served on the Applicant by April 10, 2017.
  3. Pursuant to subsection 119.06(2) of the Act, the Board is interested in the views of submitters with respect to
    • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and
    • (b) whether the Applicant has
      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
      • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.
  4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this notice of application and directions on procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by April 25, 2017.
  5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).

Sheri Young
Secretary

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave granted (Snow, Mark Anthony)

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 Mark Anthony Snow, Finance and Administration Coordinator (AS-2), Information Management End User Services, National Defence, Ottawa, Ontario, to allow him to seek nomination as a candidate before and during the election period and to be a candidate before the election period in the provincial election for the electoral district of Nepean, Ontario, to be held on June 7, 2018.

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 the employee is a candidate during the election period.

February 22, 2017

Stan Lee
Vice-President
Oversight Branch

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