ARCHIVED — Vol. 145, No. 45 — November 5, 2011

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2011-016

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 to obtain further information and to confirm that the hearing will be held as scheduled.

Customs Act

Contech Holdings Canada Inc. v. President of the Canada Border Services Agency

Date of Hearing: December 1, 2011

Appeal Nos.: AP-2010-033 and AP-2010-042

Goods in Issue: Certain greenhouse carts and parts thereof

Issue: Whether the goods in issue are entitled to the benefit of tariff item No. 9903.00.00 as articles for use in tractors powered by an internal combustion engine for use on the farm or, in the alternative, as articles for use either in agricultural or horticultural elevators or conveyors, or in agricultural or horticultural machines of heading No. 84.36, as claimed by Contech Holdings Canada Inc.

Tariff Item at Issue: 9903.00.00

The Tribunal has decided, pursuant to rule 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeal listed hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal at 613-998-9908.

Customs Act

R. Joschko v. President of the Canada Border Services Agency

Date of File Hearing: December 1, 2011

Appeal No.: AP-2011-012

Good in Issue: SW 737 WWII German Luftwaffe Paratrooper Gravity Knife

Issue: Whether the knife in issue is properly classified under tariff item No. 9898.00.00 as a prohibited weapon, as determined by the President of the Canada Border Services Agency.

October 28, 2011

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

Stainless steel sinks

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on October 27, 2011, from the Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency (CBSA) stating that the President of the CBSA had initiated investigations into a complaint respecting the alleged injurious dumping and subsidizing of stainless steel sinks with a single drawn bowl having a volume between 1 600 and 5 000 cubic inches (26 219.30 and 81 935.32 cubic centimetres) or with multiple drawn bowls having a combined volume between 2 200 and 6 800 cubic inches (36 051.54 and 111 432.04 cubic centimetres), excluding sinks fabricated by hand, originating in or exported from the People’s Republic of China (the subject goods).

Pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), the Tribunal has initiated a preliminary inquiry (Preliminary Injury Inquiry No. PI-2011-002) to determine whether the evidence discloses a reasonable indication that the dumping and subsidizing of the subject goods 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 Secretary on or before November 10, 2011. 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 Secretary on or before November 10, 2011.

On November 16, 2011, the Tribunal will distribute the public information received from the CBSA to all parties that have filed notices of participation, and the confidential information to counsel who have filed a declaration and undertaking with the Secretary.

Submissions by parties opposed to the complaint must be filed not later than noon, on November 24, 2011. These submissions should include evidence, e.g. documents and sources that support the factual statements in the submissions, and argument concerning the questions of

• whether there are goods produced in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigations, that are like goods to the subject goods;
• whether the subject goods comprise more than one class of goods;
• which domestic producers of like goods comprise the domestic industry; and
• whether the information before the Tribunal discloses a reasonable indication that the alleged dumping and subsidizing of the subject goods have caused injury or retardation, or are threatening to cause injury.

The complainants may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on December 2, 2011. At that time, parties in support of the complaint may also make submissions to the Tribunal.

Parties should note that the Tribunal does not consider exclusion requests during a preliminary injury inquiry, and, therefore, none should be filed at this stage. Should the matter proceed to a final inquiry, particulars regarding the schedule for filing exclusion requests will be included in the notice of commencement of inquiry.

Under 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 submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made. (See Procedural Guidelines for the Designation and Use of Confidential Information in Canadian International Trade Tribunal Proceedings available on the Tribunal’s Web site at www.citt-tcce.gc.ca.)

The Canadian International Trade Tribunal Rules govern these proceedings.

All submissions must be filed with the Tribunal in 25 copies. The Tribunal will distribute the public submissions to all parties that have filed notices of participation and any confidential submissions to counsel who have filed a declaration and undertaking.

The Secretary has sent the notice of commencement of preliminary injury inquiry and the preliminary injury inquiry schedule to the domestic producers, to importers and to exporters with a known interest in the preliminary injury inquiry. The notice and schedule of key preliminary injury inquiry events are available on the Tribunal’s Web site at www.citt-tcce.gc.ca.

Written submissions, correspondence and requests for information regarding this notice should be addressed to 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).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The information is fully encrypted from the sender to the Tribunal.

Parties must still file paper copies in the required number as instructed. Where a party is required to file hard copies, 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 Web site and distributed to the parties and interested persons, as well as to organizations and persons who have registered to receive decisions of the Tribunal.

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

Ottawa, October 28, 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 21, 2011, and October 27, 2011:

• GlassBOX Television Inc.
  Across Canada
  2011-1382-8
  Addition of a condition of licence for BITE TV
  Deadline for submission of interventions, comments and/or answers: November 23, 2011

• GlassBOX Television Inc.
  Across Canada
  2011-1383-6
  Addition of a condition of licence for AUX
  Deadline for submission of interventions, comments and/or answers: November 23, 2011

• TELETOON Canada Inc.
  Across Canada
  2011-1406-6
  Amendment of a condition of licence for Teletoon
  Deadline for submission of interventions, comments and/or answers: November 24, 2011

• Radio communautaire Intergénération Jardin du Québec
  Saint-Jacques-le-Mineur, Quebec
  2011-1405-8
  Addition of a transmitter for CHOC-FM
  Deadline for submission of interventions, comments and/or answers: November 25, 2011

• Radio communautaire Intergénération Jardin du Québec
  Napierville, Quebec
  2011-1404-0
  Addition of a transmitter for CHOC-FM
  Deadline for submission of interventions, comments and/or answers: November 25, 2011

• Radio communautaire Intergénération Jardin du Québec
  Saint-Rémi, Quebec
  2011-1386-0
  Amendment to the technical parameters of CHOC-FM
  Deadline for submission of interventions, comments and/or answers: November 25, 2011

• Rogers Broadcasting Limited
  Across Canada
  2011-1417-3
  Amendment of a condition of licence for FX Canada (formerly known as Highwire)
  Deadline for submission of interventions, comments and/or answers: November 28, 2011

• Instant Information Services Incorporated
  Gravenhurst, Ontario
  2011-1402-4
  Amendment to the technical parameters of CIIG-FM
  Deadline for submission of interventions, comments and/or answers: November 28, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICES OF CONSULTATION

2011-668 October 26, 2011

Call for comments on an amendment to the Commission’s buy-through requirement

The Commission calls for comments on a proposed amendment to subsection 27(4) of the Broadcasting Distribution Regulations. This amendment relates to the Commission’s buy-through requirement. The deadline for receipt of comments is November 25, 2011.

REGULATIONS AMENDING THE BROADCASTING
DISTRIBUTION REGULATIONS

AMENDMENT

1. Subsection 27(4) of the Broadcasting Distribution Regulations (see footnote 1) is replaced by the following:

(4) Except as otherwise provided under a condition of its licence, a licensee that distributes a general interest non-Canadian third-language service or a general interest Category B third-language service to subscribers shall also distribute an ethnic Category A service to them if one is available in the same principal language.

COMING INTO FORCE

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

2011-675 October 26, 2011

Notice of hearing

January 18, 2012
Miramichi, New Brunswick
Deadline for submission of interventions, comments and/or answers: November 28, 2011

The Commission will hold a hearing commencing on January 18, 2012, at 9 a.m., at the Rodd Miramichi River, 1809 Water Street, Miramichi, New Brunswick, to consider the following applications:

1. Newcap Inc.
   Miramichi, New Brunswick

   Application for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in Miramichi.

2. Miramichi Fellowship Center, Inc.
   Miramichi and Blackville, New Brunswick

   Application for a broadcasting licence to operate an English-language specialty commercial FM radio programming undertaking in Miramichi with an FM rebroadcasting transmitter in Blackville.

3. Maritime Broadcasting System Limited
   Miramichi, New Brunswick

   Application for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in Miramichi.

4. Jean-Yves Roux, on behalf of a corporation to be incorporated
   Across Canada

   Application for a broadcasting licence to operate a national, French-language specialty Category B service to be known as CNV — CANAL NOUVELLE VISION.

5. Jean-Yves Roux, on behalf of a corporation to be incorporated
   Across Canada

   Application for a broadcasting licence to operate a national, English-language specialty Category B service to be known as CHANNEL NEW VICTORY/CNV.

6. NGC Channel Inc.
   Across Canada

   Application for a broadcasting licence to operate a national, English-language specialty Category B service to be known as NatGeo Wild.

7. Evan Kosiner, on behalf of a corporation to be incorporated
   Across Canada

   Application for a broadcasting licence to operate a national, English-language specialty Category B service to be known as Bulb Television.

8. Evan Kosiner, on behalf of a corporation to be incorporated
   Across Canada

   Application for a broadcasting licence to operate a national, video-on-demand (VOD) programming undertaking to be known as Bulb Television on Demand.

9. Hector Broadcasting Company Limited
   New Glasgow (Pictou County), Nova Scotia

   Application for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in New Glasgow (Pictou County).

10. Newcap Inc.
    Fredericton, New Brunswick

    Application for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in Fredericton.

11. Wasauksing Communications Group
    Wasauksing First Nation, Ontario

    Application for a broadcasting licence to operate an English- and Ojibwa-language Type B native FM radio programming undertaking in Wasauksing First Nation.

12. Novus Entertainment Inc.
    Toronto, Ontario

    Application for a broadcasting licence to operate a terrestrial broadcasting distribution undertaking to serve Toronto.

13. Monica Wasacase, in her capacity as the General Manager of the radio station to be known as Kahkewistahaw Radio Station
    Broadview, Saskatchewan

    Application for a broadcasting licence to operate an English- and Native-language low-power Type B native FM radio programming undertaking in Broadview.

14. Cowessess Community Projects Inc.
    Cowessess, Saskatchewan

    Application for a broadcasting licence to operate an English- and Cree-language Type B FM native radio programming undertaking in Cowessess.

15. Salmo FM Radio Society
    Salmo, British Columbia

    Application for a broadcasting licence to operate an English-language community FM radio programming undertaking in Salmo.

16. Newcap Inc.
    Penticton, British Columbia

    Application for authority to acquire from Great Valley Radio Ltd. the assets of the commercial English-language FM radio programming undertaking CIGV-FM Penticton, and its transmitters CIGV-FM-1 Keremeos and CIGV-FM-2 Princeton, British Columbia, known as “The Giant.”

17. Newcap Inc.
    Kelowna, British Columbia

    Application for authority to acquire from Sun Country Radio Ltd. the assets of the English-language commercial FM radio programming undertaking CKKO-FM Kelowna.

18. Canadian Broadcasting Corporation
    Kamloops and Kelowna, British Columbia

    Application for a broadcasting licence to operate an English-language FM radio programming undertaking in Kamloops.

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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.

• 2011-661 October 24, 2011

  Dufferin Communications Inc.
  Winnipeg, Manitoba

  Approved — Application for authority to acquire from Newcap Inc. the assets of the English-language commercial radio stations CHNK-FM Winnipeg and CKJS Winnipeg, and for new broadcasting licences to continue the operation of these stations.

  Approved — Request to amend CHNK-FM’s condition of licence relating to the broadcast of musical selections from content category 2 (Popular Music).

  Approved — Renewal of the broadcasting licence for CKJS, from April 1, 2012, to August 31, 2018.

• 2011-662 October 24, 2011

  Bell ExpressVu Inc. (the general partner) and Bell Canada (the limited partner), carrying on business as Bell ExpressVu Limited Partnership
  Across Canada

  Approved — Application to amend the broadcasting licence for the video-on-demand service.

• 2011-663 October 24, 2011

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

  Approved — Application to amend the broadcasting licence for the regional terrestrial broadcasting distribution undertaking in order to distribute community programming on a video-on-demand platform.

• 2011-664 October 25, 2011

  CIAM-FM Media & Radio Broadcasting Association
  Fort Vermillion and Cleardale, Alberta

  Approved — Application to change the authorized contours of the transmitter CIAM-FM-12 Cleardale.

• 2011-665 October 25, 2011

  Corus Premium Television Ltd.
  Winnipeg, Manitoba

  Renewed — Broadcasting licence for the radio station CJGV-FM Winnipeg from November 1, 2011, to November 30, 2011, subject to the terms and conditions in effect under the current licence.

• 2011-666 October 26, 2011

  Fabienne Colas, on behalf of a corporation to be incorporated
  Across Canada

  Approved — Application for a broadcasting licence to operate Diversité TV, a national, French-language specialty Category B service.

• 2011-667 October 26, 2011

  Fabienne Colas, on behalf of a corporation to be incorporated
  Across Canada

  Approved — Application for a broadcasting licence to operate Bon Goût TV, a national, French-language specialty Category B service.

• 2011-669 October 26, 2011

  Stoke FM Radio Society
  Revelstoke, British Columbia

  Approved — Application for a broadcasting licence to operate an English-language, very low-power developmental community FM radio station in Revelstoke.

• 2011-670 October 26, 2011

  Canadian Broadcasting Corporation
  Kelowna and Lillooet, British Columbia

  Approved — Application to amend the broadcasting licence for the English-language radio station CBTK-FM Kelowna by adding a new FM transmitter in Lillooet.

• 2011-676 October 28, 2011

  Centre Wellington Community Radio Inc.
  Fergus, Ontario

  Approved — Application to change the authorized contours of the new community radio station to serve Elora and Fergus.

• 2011-677 October 28, 2011

  Canadian Broadcasting Corporation
  Matane, Chandler, New Carlisle, New Richmond, Percé and Port Daniel, Quebec

  Approved — Applications to amend the broadcasting licence for the radio station CBGA-FM Matane in order to operate new transmitters at Chandler, New Carlisle, New Richmond, Percé and Port Daniel to rebroadcast the programming of the national French-language network service La Première Chaîne.

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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 has granted permission, pursuant to subsection 115(2) of the said Act, to Isabelle Fry, Administrative Assistant (CR-04), Atlantic Canada Opportunities Agency, St. John’s, Newfoundland and Labrador, to be a candidate, before and during the election period, for the position of Councillor for the City of Mount Pearl, Newfoundland and Labrador, in a municipal by-election to be held on November 22, 2011.

October 21, 2011

KATHY NAKAMURA
Director General
Political Activities Directorate

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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 has granted permission, pursuant to subsection 115(2) of the said Act, to Andrew Ledwell, Assessment Processing Clerk (SP-3), Canada Revenue Agency, St. John’s, Newfoundland and Labrador, to be a candidate, before and during the election period, for the position of Councillor for the City of Mount Pearl, Newfoundland and Labrador, in a municipal by-election to be held on November 22, 2011.

October 24, 2011

KATHY NAKAMURA
Director General
Political Activities Directorate

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Footnote 1
SOR/97-555