Vol. 145, No. 13 — March 26, 2011

ARCHIVED — 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), 168(1)(d) and 168(1)(e), subsection 149.1(2), and paragraph 149.1(2)(b) 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.”

CATHY HAWARA
Director General
Charities Directorate

[13-1-o]

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 paragraph 168(1)(b) 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.”

CATHY HAWARA
Director General
Charities Directorate

[13-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2010-025

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, 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.

Special Import Measures Act

Amcan Jumax Inc. v. President of the Canada Border Services Agency

Date of Hearing: April 19, 2011

Appeal No.: AP-2010-018

Goods in Issue: Flange bolts and screws

Issue: Whether the goods in issue are goods of the same description as the goods to which the Tribunal’s findings in Inquiry No. NQ-2004-005 (Certain FastenersOriginating in or Exported from the People’s Republic of China and Chinese Taipei) apply and are therefore subject to anti-dumping and countervailing duties.

Customs Act

Canadian Tire Corporation Ltd. v. President of the Canada Border Services Agency

Date of Hearing: April 21, 2011

Appeal No.: AP-2010-043

Goods in Issue: Proctor Silex 1.7 L automatic electric kettles

Issue: Whether the goods in issue are properly classified under tariff item No. 8516.79.90 as other electro-thermic appliances, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8516.10.90 as other electric instantaneous or storage water heaters and immersion heaters, as claimed by Canadian Tire Corporation Ltd.

Tariff Items at Issue: Canadian Tire Corporation Ltd.—8516.10.90 President of the Canada Border Services Agency—8516.79.90

Customs Act

Masai Canada Limited v. President of the Canada Border Services Agency

Date of Hearing: April 28, 2011

Appeal No.: AP-2010-025

Goods in Issue: Masai Barefoot Technology white therapeutic sport shoes

Issue: Whether the goods in issue are entitled to the benefits of tariff item No. 9979.00.00 as goods specifically designed to assist persons with disabilities in alleviating the effects of those disabilities, as claimed by Masai Canada Limited.

March 18, 2011

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

[13-1-o]

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 J8X 4B1, 819-997-2429 (telephone), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 902-426- 2721 (fax);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 204-983-6317 (fax);

— 858 Beatty Street, Suite 290, Vancouver, British Columbia V6B 1C1, 604-666-2111 (telephone), 604-666-8322 (fax);

— 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone);

— 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone);

— 2220 12th Avenue, Suite 620, Regina, Saskatchewan S4P 0M8, 306-780-3422 (telephone);

— 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone).

The toll-free telephone numbers for all offices of the Commission are the following: 1-877-249-2782 and 1-877-909-2782 (TDD).

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

NOTICE OF CONSULTATION 2011-187

Call for comments on an extension to the general authorization to down-convert digital-only television signals

The Commission calls for comments on its proposal to extend the general authorization for broadcasting distribution undertakings to down-convert digital-only television signals beyond the digital transition date of September 1, 2011. The deadline for comments is April 19, 2011.

March 15, 2011

[13-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-188

Notice of hearing

May 17, 2011
Gatineau, Quebec
Deadline for submission of interventions and/or comments: April 15, 2011

The Commission will hold a hearing commencing on May 17, 2011, at 9 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec, to consider the following applications:

1. Astral Media Radio inc.
Gatineau, Quebec

Application to renew the broadcasting licence for the commercial French-language radio station CKTF-FM Gatineau, expiring August 31, 2011.

2. RNC MEDIA Inc.
Gatineau, Quebec

Application to renew the broadcasting licence for the commercial French-language radio station CFTX-FM Gatineau and its transmitter CFTX-FM-1 Gatineau (Buckingham Sector), expiring August 31, 2011.

3. Cogeco inc.
Montréal, Quebec

The Commission received a complaint by the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ) alleging that CKOI-FM Montréal is in non-compliance with subsections 2.2(5) and 2.2(10) of the Radio Regulations, 1986 (the Regulations) regarding the broadcast of French-language vocal musical selections (FVM). ADISQ also argues that this non-compliance is due to an incorrect use of montages.

4. Radio Péninsule inc.
Pokemouche, New Brunswick

Application to renew the broadcasting licence for the French-language Type B community radio station CKRO-FM Pokemouche, expiring August 31, 2011.

5. Radio Port-Cartier inc.
Port-Cartier, Quebec

Application to renew the broadcasting licence for the French-language commercial radio station CIPC-FM Port-Cartier, expiring August 31, 2011.

6. La radio communautaire du comté
Rimouski and Mont-Joli, Quebec

Application to renew the broadcasting licence for the French-language Type B community radio station CKMN-FM Rimouski and Mont-Joli, expiring August 31, 2011.

7. Northwest Broadcasting Inc.
Kaministiquia, Ontario

Application to renew the broadcasting licence for the low-power, English-language commercial radio station CFQK-FM Kaministiquia and its transmitter CKED-FM Shuniah Township, expiring August 31, 2011.

8. 1158556 Ontario Ltd.
Timmins, Ontario

Application to renew the broadcasting licence for the English-language commercial specialty radio station CHIM-FM Timmins and its transmitters CHIM-FM-1 North Bay, CHIM-FM-2 Iroquois Falls, CHIM-FM-3 Kirkland Lake, CHIM-FM-4 New Liskeard, CHIM-FM-5 Red Deer, CHIM-FM-6 Sault Ste. Marie, CHIM-FM-7 Elliot Lake, CHIMFM-8 Chapleau and CHIM-FM-9 Wawa, expiring August 31, 2011.

9. Way of Life Broadcasting
Dryden, Ontario

Application to renew the broadcasting licence for the low-power, English-language specialty radio station CJIV-FM Dryden, expiring August 31, 2011.

10. Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc.,
partners in a general partnership carrying on business as Astral Media Radio G. P. Calgary, Alberta

Application to renew the broadcasting licence for the English-language commercial radio station CIBK-FM Calgary, expiring August 31, 2011.

11. Vancouver Co-operative Radio
Vancouver, British Columbia

Application to renew the broadcasting licence for the English-language Type B community radio station CFRO-FM Vancouver, expiring August 31, 2011.

12. Rogers Broadcasting Limited
Chilliwack, British Columbia

Application to renew the broadcasting licence for the English-language commercial radio station CFUN-FM Chilliwack and its transmitters CFUN-FM-1 Abbotsford and CFUN-FM-2 Vancouver (formerly CKCL-FM, CKCL-FM-1 and CKCL-FM-2), expiring August 31, 2011.

13. FreeHD Canada Inc.
Across Canada

Application for a broadcasting licence to operate a national video-on-demand (VOD) station to be known as Blusky On Demand.

14. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, English-language Category 2 specialty station to be known as The Work TV Channel.

15. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, general-interest English-language ethnic Category 2 specialty station to be known as Caribbean HDTV.

16. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, niche English-language ethnic Category 2 specialty station to be known as Chinese English News HDTV.

17. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, general-interest, third-language Category 2 specialty station to be known as Chinese Mandarin TV.

18. Rogers Broadcasting Limited
Across Canada

Application for a broadcasting licence to operate a national, general-interest French-language Category 2 specialty station to be known as Sports d’intérêt général de Rogers.

19. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, general-interest, third-language Category 2 specialty station to be known as Chinese Cantonese TV.

20. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, English- and third-language specialty audio station to be known as Worktalk.

21. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national, French- and third-language specialty audio station to be known as Worktalk.

22. World Fishing Network ULC (WFN ULC)
Across Canada

Application for authority to acquire, as part of a corporate reorganization, the assets of the national category 2 specialty station known as World Fishing Network, from Insight Sports Ltd. (Insight).

23. Stingray Digital Group Inc.
Across Canada

Application for a broadcasting licence to operate a national, English-language Category 2 specialty station to be known as Concert TV.

24. Stingray Digital Group Inc.
Across Canada

Application for a broadcasting licence to operate a national, French-language Category 2 specialty station to be known as The Karaoke Channel Français.

25. Stingray Digital Group Inc.
Across Canada

Application for a broadcasting licence to operate a national, English-language Category 2 specialty station to be known as The Karaoke Channel.

26. 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 Eastern Canada

Application for a broadcasting licence to operate a regional video-on-demand station to be known as Bell Aliant TV Video-On-Demand.

27. City Church Halifax
Spryfield, Nova Scotia

Application for a broadcasting licence to operate an English-language FM commercial specialty radio station in Spryfield.

28. Bouctouche Community Radio
Bouctouche, New Brunswick

Application for a broadcasting licence to operate a French-language FM community radio station in Bouctouche.

29. Radio Humsafar Inc.
Montréal, Quebec

Application for a broadcasting licence to operate a commercial ethnic AM radio station in Montréal.

30. Wightman Telecom Ltd.
Province of Ontario

Application for a broadcasting licence to operate a regional terrestrial pay-per-view station.

31. Channel 1 Film and TV Production Inc.
Province of Ontario

Application for a broadcasting licence to operate a national, general-interest third-language ethnic Category 2 specialty station to be known as MP TV.

32. Campbellford Area Radio Association
Campbellford, Ontario

Application to renew the broadcasting licence for the English-language Type B community radio station CKOL-FM Campbellford and its transmitter CKOL-FM-1 Madoc, expiring August 31, 2011.

33. Kiig.da.win Media
Walpole Island First Nation, Ontario

Application for a broadcasting licence to operate an English-language FM Type B native radio station in Walpole Island First Nation.

34. Dufferin Communications Inc.
Township of Muskoka Lakes, Ontario

Application for a broadcasting licence to operate an English-language commercial FM radio station in the township of Muskoka Lakes.

35. Ekaterina Niman, on behalf of a corporation to be incorporated
The Greater Toronto Area, specifically bounded by the city of Oshawa on the east, the city of Oakville on the south, the city of Orangeville on the west and the city of East Gwillimbury on the north, Ontario

Application for a Class 1 broadcasting licence to operate a terrestrial broadcasting distribution undertaking (BDU) to serve the above-noted area.

36. Société Radio Taïga
Yellowknife, Northwest Territories

Application for authority to acquire from L’Association Franco-Culturelle de Yellowknife the assets of the French-language Type A community FM radio station CIVR-FM Yellowknife.

March 16, 2011

[13-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-190

Notice of applications received

Various locations

Deadline for submission of interventions and/or comments: April 21, 2011

The Commission has received the following applications:

1. Byrnes Communications Inc.
Woodstock, Ontario

Application to delete the condition of licence related to Canadian Talent Development set out in the broadcasting licence for the commercial English-language radio station CIHR-FM Woodstock.

2. Byrnes Communications Inc.
Woodstock, Ontario

Application to change the authorized contours for the commercial English-language radio station CIHR-FM Woodstock.

3. CIAM Media & Radio Broadcasting Association
Three Hills, Alberta

Application to amend the broadcasting licence for the English-language Type B community radio station CIAM-FM Fort Vermilion, in order to add an FM transmitter in Three Hills.

4. Golden West Broadcasting Ltd.
Airdrie, Alberta

Application to amend the broadcasting licence for the commercial English-language radio station CFIT-FM Airdrie.

5. CIAM Media & Radio Broadcasting Association
Prespatou, British Columbia

Application to amend the broadcasting licence for the English-language Type B community radio station CIAM-FM Fort Vermilion, in order to add an FM transmitter in Prespatou.

6. CIAM Media & Radio Broadcasting Association
Dawson Creek, British Columbia

Application to amend the broadcasting licence for the English-language Type B community radio station CIAM-FM Fort Vermilion, in order to add an FM transmitter in Dawson Creek.

March 17, 2011

[13-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-184

Over-the-air television service in Whitehorse, Yellowknife and Iqaluit

The Commission revises the list of mandatory markets for conversion to digital television set out in Broadcasting Regulatory Policy 2010-167.

March 14, 2011

[13-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-191

The customer transfer process and related competitive issues

In the regulatory policy, the Commission sets out measures that will simplify the process when customers wish to change the provider from which they receive telecommunications and/or broadcasting services. Under these measures, a new service provider that the customer has selected will be able to cancel service from the current provider on the customer’s behalf. Customers may still cancel service on their own, if they prefer, and receive offers made by the current service provider.

Further, the Commission finds that changes to existing rules governing inside wire, quality of service standards, access agreements, and the use of local availabilities in the broadcasting distribution market are not warranted.

March 18, 2011

[13-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-198

Regulations for the digital television transition

The Commission announces the Conversion from Analog to Digital Television Regulations (the Conversion Regulations) appended to this policy. These Regulations require licensed television broadcasters that operate stations, including rebroadcasting transmitters, in certain markets and/or on channels 52 to 69 to broadcast public service announcements (PSAs) relating to the conversion to digital television on August 31, 2011. The Commission notes that the Conversion Regulations inadvertently refer to April 1, 2011, as the date on which the licensees’ obligations under sections 3 and 4 begin. Today’s release is meant to provide early notice of the Conversion Regulations as they will read once the appropriate corrections are made. In order to correct the date so that it reads May 1, 2011, the Commission publishes hereinafter in the Canada Gazette the amending Regulations.

CONVERSION FROM ANALOG TO DIGITAL TELEVISION REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

“broadcast day,” in respect of a licensee, means the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee. (journée de radiodiffusion)

“licensed” means licensed by the Commission under paragraph 9(1)(b) of the Broadcasting Act. (autorisé)

“licensee” means a station operator or network operator who is authorized to operate an analog transmitter with a power greater than 50 watts on the VHF band or greater than 500 watts on the UHF band. (titulaire)

“network operator” means a person who is licensed to operate a television network. (exploitant de réseau)

“programming” means anything that is broadcast but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text. (programmation)

“station” means a television programming undertaking that transmits sounds and images or a broadcasting transmitting undertaking that transmits sounds and images but does not include a broadcasting undertaking that only rebroadcasts the radiocommunications of another licensed broadcasting undertaking. (station)

“station operator” means a person who is licensed to operate a station. (exploitant de station)

APPLICATION

2. These Regulations apply to every licensee

(a) that operates in markets that have populations of 300,000 persons or more;

(a.1) that operates in markets that include the national capital or a provincial capital;

(b) that operates in markets that are served by more than one television station; or

(c) whose programming is broadcast on channels 52 to 69 in any market.

PUBLIC SERVICE ANNOUNCEMENTS

3. (1) Except as otherwise provided under a licensee’s condition of licence, every licensee must, beginning no later than May 1, 2011, broadcast a public service announcement at least six times per broadcast day, increasing to eight times per broadcast day beginning on August 1, 2011 or one month before the licensee ceases to broadcast in analog or changes channel, whichever is sooner.

(2) At least 25% of the required announcements per broadcast day must be broadcast between 7:00 p.m. and 11:00 p.m.

(3) The broadcast announcements must

(a) have a duration of at least 30 consecutive seconds;

(b) contain the information set out in the schedule; and

(c) be closed captioned and contain audio description of on-screen information.

(4) A licensee may use a crawl to fulfil up to 25% of their obligations under this section.

(5) A crawl must not be used during the broadcast of programming that contains audio description of on-screen information or described video.

OTHER MEANS OF INFORMATION

4. Except as otherwise provided under a licensee’s condition of licence, every licensee must, beginning no later than May 1, 2011, post and keep posted on their website

(a) the information regarding the conversion that is set out in the schedule;

(b) a description of the steps that an over-the-air viewer may need to take to continue receiving and viewing the station’s over-the-air programming after the conversion;

(c) the channel on which the station will broadcast after the conversion;

(d) as soon as they are known, the date and time that the station will cease broadcasting in analog;

(e) as soon as they are known, the date and time that the station will begin or began broadcasting on the post-conversion channel referred to in paragraph (c); and

(f) if applicable, a description of the discrete geographic areas where a loss of service is likely to occur.

CESSATION OF OBLIGATION

5. A licensee’s obligation to broadcast and post public service announcements ceases when the licensee completes their conversion and shuts off their analog transmitter.

COMING INTO FORCE

6. These Regulations come into force on April 1, 2011.

SCHEDULE
(Paragraphs 3(3)(b) and 4(a))

PUBLIC SERVICE ANNOUNCEMENTS

A public service announcement must contain the following information:

(a) a statement to the effect that the Canadian television system is in the process of converting its over-the-air transmitters from analog to digital;

(b) if applicable, a statement to the effect that some viewers may experience a loss of service following the conversion;

(c) a statement to the effect that only those viewers who receive the signal directly over the air may be impacted by the conversion;

(d) a statement to the effect that an over-the-air viewer may need to take steps to continue receiving and viewing the station’s over-the-air programming after the conversion and an indication of where further information on those steps can be found; and

(e) the licensee’s contact information and website address.

Follow-up to Broadcasting Regulatory Policy CRTC 2011-198

As indicated in Broadcasting Regulatory Policy CRTC 2011-198, the Commission calls for comments on the Regulations Amending the Conversion from Analog to Digital Television Regulations to revise the date on which the licensees’ obligations under sections 3 and 4 begin so that it reads May 1, 2011. The amendment also corrects the application section so that the obligations apply to all licensees who operate in markets that include the national capital or a provincial capital. The deadline for comments is March 29, 2011.

REGULATIONS AMENDING THE CONVERSION FROM ANALOG TO DIGITAL TELEVISION REGULATIONS

AMENDMENTS

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

2011-183 March 14, 2011

1760791 Ontario Inc.
Mississauga, Ontario

Approved — Application to amend the broadcasting licence for the commercial ethnic radio station CINA Mississauga.

2011-121-1 March 15, 2011

Astral Media Radio Inc. Québec and Sherbrooke, Quebec

Correction — The Commission corrects CITF-FM Québec, CITÉ-FM-1 Sherbrooke and its transmitter CITÉ-FM-2 Sherbrooke — Licence amendments and renewals, Broadcasting Decision CRTC 2011-121, February 23, 2011, by replacing paragraph 10 of that decision.

2011-150-1 March 15, 2011

Rogers Broadcasting Limited
Edmonton and Fort McMurray, Alberta

Correction — The Commission corrects CHDI-FM Edmonton and CJOK-FM Fort McMurray and its transmitter CJOK-FM-1 Tar Island — Licence renewals, Broadcasting Decision CRTC 2011-150, March 4, 2011, by deleting the references to CJOK-FM-1 Tar Island found in that decision, as well as in Appendix 2 to that decision.

2011-197 March 18, 2011

Various radio programming undertakings
Across Canada

Renewed — Broadcasting licences for the radio stations set out in the appendix to the decision, from April 1, 2011, to August 31, 2011, subject to the terms and conditions in effect under the current licences.

[13-1-o]

NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

BP Canada Energy Company

By an application dated March 17, 2011, BP Canada Energy Company (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 200 000 MWh of combined firm and 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 a public hearing be held. 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 BP Canada Energy Company, 240 4th Avenue SW, Calgary, Alberta T2P 2H8, Attention: Peter Exall, 403-233-1252 (telephone), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8, or online at www.neb-one.gc.ca.

2. Submissions that any party wishes to present 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 April 23, 2011.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, 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;

(b) the impact of the exportation on the environment; and

(c) 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 May 8, 2011.

5. 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
Secretary

[13-1-o]

NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Dynasty Power Inc.

By an application dated March 26, 2011, Dynasty Power Inc. (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 8 760 000 MWh of combined firm and 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 a public hearing be held. 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 77 Cresthaven View SW, Calgary, Alberta T3B 5Y2, 403-630-3366 (telephone), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8, or online at www.neb-one.gc.ca.

2. Submissions that any party wishes to present 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 April 25, 2011.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, 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;

(b) the impact of the exportation on the environment; and

(c) 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 May 10, 2011.

5. 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
Secretary

[13-1-o]

PARKS CANADA AGENCY

SPECIES AT RISK ACT

Description of critical habitat of Eastern Prickly Pear Cactus in Point Pelee National Park of Canada

Eastern Prickly Pear Cactus (Opuntia humifusa) is a species listed on Schedule 1 to the Species at Risk Act as endangered. Critical habitat for Eastern Prickly Pear Cactus is identified within the final Recovery Strategy for the Eastern Prickly Pear Cactus (Opuntia humifusa) in Canada.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, critical habitat of Eastern Prickly Pear Cactus in Point Pelee National Park of Canada, as identified on the National Topographic System (NTS) Map 40G/15 (Edition 7, printed 2001), is described as three primary successional Lake Erie Sand Spit Savanna vegetation types, according to the Ecological Land Classification (ELC), in which the cactus is currently found. These types are (1) Little Bluestem-Switchgrass-Beachgrass Open Graminoid Sand Dunes, (2) Hoptree Shrub Sand Dunes, and (3) Red Cedar Treed Sand Dunes. The remaining parts of the species’ critical habitat within Point Pelee National Park of Canada are identified as a circle with a radius of 25 m from the centre point of each of the following two groups of Eastern Prickly Pear Cactus microsites (one or more groups of cacti less than 1.0 m from other groups): (1) those found in secondary ELC vegetation types that are degraded Lake Erie Sand Spit Savannas, and (2) those found in sites that have succeeded beyond optimal conditions for the species, such that the cactus is considered to be a relict of past conditions.

Existing anthropogenic features, including, but not limited to, parking lots, roads, trails, footpaths, cemeteries and septic fields, are excluded from the species’ critical habitat. Areas where all Eastern Prickly Pear Cactus microsites have been planted or transplanted, where records remain unverified or where its location or origin is uncertain, are not considered critical habitat. Two areas within Point Pelee National Park of Canada currently fit within this category. Complete geographical descriptions of these two areas are housed at Point Pelee National Park of Canada.

Precise geographic locations for Eastern Prickly Pear Cactus critical habitat are not presented here to protect the species from the threat of collection. Further details regarding Eastern Prickly Pear Cactus critical habitat can be found at the Species at Risk Public Registry Web site.

March 11, 2011

GEOFFREY HANCOCK
Superintendent
Southwestern Ontario Field Unit

[13-1-o]