Canada Gazette, Part I, Volume 147, Number 1: COMMISSIONS

January 5, 2013

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)(d) and 168(1)(e), 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 registration is effective on the date of publication of this notice.”

Business Number Name/Address
118942598RR0001 GOSPEL OUTREACH, WINNIPEG, MAN.

CATHY HAWARA
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2012-017

The Canadian International Trade Tribunal (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

G. Thériault v. President of the Canada Border Services Agency

Date of Hearing: January 29, 2013

Appeal No.: AP-2012-013

Goods in Issue: BMW 325i

Issue: Whether the good in issue is properly classified under tariff item No. 8703.90.00 as other motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading No. 87.02), including station wagons and racing cars, as determined by the President of the Canada Border Services Agency, or whether its importation should be exempted from the application of the Customs Act, as claimed by G. Thériault.

Tariff Item at Issue: 8703.90.00

December 20, 2012

By order of the Tribunal
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 December 18, 2012, and December 21, 2012:

  • Southshore Broadcasting Inc.
    Leamington, Ontario
    2012-1588-0
    Technical amendment for CFTV-TV
    Deadline for submission of interventions, comments and/or answers: February 6, 2013
  • Ethnic Channels Group Limited
    Across Canada
    2012-1587-2
    Addition of Aksyon TV International to the list of non-Canadian programming services authorized for distribution
    Deadline for submission of interventions, comments and/or answers: February 6, 2013
  • Ethnic Channels Group Limited
    Across Canada
    2012-1585-6
    Addition of Kaptid TV5 to the list of non-Canadian programming services authorized for distribution
    Deadline for submission of interventions, comments and/or answers: February 6, 2013
  • Canadian Broadcasting Corporation
    Armstrong, Ontario
    2012-1596-3
    Addition of a transmitter for CBQT-FM
    Deadline for submission of interventions, comments and/or answers: February 7, 2013
  • Canadian Broadcasting Corporation
    Mayo, Yukon Territory
    2012-1586-4
    Addition of a transmitter for CFWH-FM
    Deadline for submission of interventions, comments and/or answers: February 7, 2013
  • Canadian Broadcasting Corporation
    Hornepayne, Ontario
    2012-1582-2
    Addition of a transmitter for CBQT-FM
    Deadline for submission of interventions, comments and/or answers: February 7, 2013

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION

2012-705  December 21, 2012

Call for comments on proposed amendments to the Broadcasting Distribution Regulations — Provisions relating to the Exemption order respecting certain programming undertakings that would otherwise be eligible to be operated as Category B services

The Commission calls for comments on the wording of amendments to the Broadcasting Distribution Regulations in order to implement certain determinations relating to the Exemption order respecting certain programming undertakings that would otherwise be eligible to be operated as Category B services. The deadline for the receipt of comments is February 7, 2013.

REGULATIONS AMENDING THE BROADCASTING
DISTRIBUTION REGULATIONS

AMENDMENTS

1. Section 1 of the Broadcasting Distribution Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“exempt Category B service” means a programming service that is offered by an exempt programming undertaking under the terms of the order entitled Exemption order respecting certain programming undertakings that would otherwise be eligible to be operated as Category B services, made by the Commission under subsection 9(4) of the Act, that is set out in Appendix 1 to Broadcasting Order CRTC 2012-689, dated December 19, 2012. (service de catégorie B exempté)

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

5. Except as otherwise provided under a condition of its licence or these Regulations, no licensee shall provide a subscriber with any programming services, other than pay-per-view services, video-on-demand services or the programming services — excluding exempt Category B services — of exempt programming undertakings, without also providing the basic service of the licensee.

3. (1) Subsection 19(2) of the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) an exempt Category B service.

(2) Section 19 of the Regulations is amended by adding the following after subsection (5):

(6) Subsection (5) does not apply in respect of the distribution of an exempt Category B service by a related exempt programming undertaking.

4. Section 25 of the Regulations is replaced by the following:

25. (1) Except as otherwise provided under a condition of its licence, a licensee shall not package any adult programming service that it distributes as a Category B service, exempt Category B service or exempt third-language service in such a way that subscribers are obligated to subscribe to that programming service in order to obtain any other programming service.

(2) A licensee shall fully block the reception of both the audio and video portions of any adult programming service that it distributes as a Category B service, exempt Category B service or exempt third-language service to subscribers who request that they not receive the service in either unscrambled or scrambled mode.

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

DECISIONS

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

  • 2012-688 December 19, 2012

    Touch Canada Broadcasting (2006) Inc. (the general partner) and C.R.A. Investments Ltd. (the limited partner), carrying on business as Touch Canada Broadcasting Limited Partnership
    Edmonton, Calgary and Red Deer, Alberta

    Approved — Application for authorization to effect a two-step corporate reorganization involving the assets of the radio programming undertakings CJCA and CJRY-FM Edmonton, CJLI and CJSI-FM Calgary and CKRD-FM Red Deer.

  • 2012-690 December 19, 2012

    NL Broadcasting Ltd.
    Kamloops, British Columbia

    Approved — Application to renew the broadcasting licence for the English-language commercial radio station CJKC-FM Kamloops, from January 1, 2013, to August 31, 2016.

  • 2012-691 December 19, 2012

    Golden West Broadcasting Ltd.
    Swift Current, Saskatchewan

    Approved — Application to renew the broadcasting licence for the English-language commercial radio station CKFI-FM Swift Current, from January 1, 2013, to August 31, 2017.

  • 2012-692 December 19, 2012

    Maritime Broadcasting System Limited
    Various locations

    Approved — Applications to renew the broadcasting licences for the commercial radio programming undertakings set out in the appendix to the decision, from January 1, 2013, to August 31, 2019.

  • 2012-694 December 20, 2012

    CHMZ-FM Radio Ltd.
    Tofino, British Columbia

    Approved — Application for authority to acquire from McBride Communications & Media Inc. and Umeek Human Resources Development Inc., partners in West Island Radio Enterprises General Partnership, the assets of the English-language commercial radio station CHMZ-FM Tofino, and for a new broadcasting licence to continue the operation of the station.

  • 2012-695 December 20, 2012

    Newcap Inc.
    Ottawa and Sudbury, Ontario

    Approved — Application to renew the broadcasting licences for the English-language commercial radio stations CILV-FM Ottawa and CIGM-FM Sudbury, from January 1, 2013, to August 31, 2017.

  • 2012-696 December 20, 2012

    4517466 Canada Inc.
    Montréal, Quebec

    Approved — Application for a broadcasting licence to operate a multilingual ethnic television programming undertaking in Montréal to be known as ICI (International Channel/Canal International).

  • 2012-697 December 20, 2012

    Rogers Broadcasting Limited
    Montréal, Quebec

    Approved — Application for authority to acquire from 2209005 Ontario Inc. (2209005) the assets of CJNT-DT, an ethnic television programming undertaking in Montréal and for a broadcasting licence to continue the operation of the station.

  • 2012-698 December 20, 2012

    Vista Radio Ltd.
    Sechelt, British Columbia

    Approved — Application to renew the broadcasting licence for the English-language commercial radio station CKAY-FM Sechelt, from January 1, 2013, to August 31, 2019.

  • 2012-701 December 21, 2012

    Various radio programming undertakings
    Across Canada

    Approved — Applications to renew the broadcasting licences for the commercial radio stations set out in Appendix 1 to the decision, from January 1, 2013, to August 31, 2019.

  • 2012-702 December 21, 2012

    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
    Fredericton and surrounding areas, Moncton and Saint John, New Brunswick; St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador; and Halifax, Dartmouth, Bedford and Sackville, Nova Scotia

    Renewed — Regional broadcasting licence for the terrestrial broadcasting distribution undertakings serving the above-noted locations, from January 1, 2013, to March 31, 2013.

  • 2012-703 December 21, 2012

    Various radio programming undertakings
    Across Canada

    Approved — Applications to renew the broadcasting licences for the radio stations set out in Appendix 1 to the decision. The expiry dates are also set out in that appendix.

  • 2012-704 December 21, 2012

    Various radio programming undertakings
    Across Canada

    Approved — Applications to renew the broadcasting licences for the radio stations set out in Appendix 1 to the decision. The expiry dates are also set out in that appendix.

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COMPETITION TRIBUNAL

COMPETITION ACT

Application for an order

Notice is hereby given that on December 20, 2012, an application pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Commissioner of Competition, regarding certain policies and procedures of Direct Energy Marketing Limited (Direct Energy) relating to the return of water heaters.

The particulars of the order sought pursuant to subsections 79(1), 79(2) and 79(3.1) of the Competition Act are as follows:

  • an order prohibiting Direct Energy from directly or indirectly implementing any exclusionary water heater return policies or procedures;
  • an order directing Direct Energy to accept valid agency agreements between customers and competitors for return of Direct Energy water heaters;
  • an order prohibiting Direct Energy from charging customers unwarranted exit fees and charges upon termination of a rental water heater agreement;
  • an order directing Direct Energy to provide customers a fixed and commercially reasonable buy-out price schedule upon entering into a rental water heater agreement with Direct Energy;
  • an order directing Direct Energy to provide copies of its buy-out price schedule to customers and to make it readily available on its Web site;
  • an order directing Direct Energy to pay the amount of $15,000,000 as an administrative monetary penalty;
  • an order directing Direct Energy to pay costs of this proceeding;
  • all other orders or remedies that may be required to give effect to the foregoing prohibitions, to restore competition in the relevant market, or to reflect the intent of the Tribunal and its disposition of this matter; and
  • an order granting such further and other relief as this Tribunal may consider appropriate.

Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Registrar on or before February 14, 2013.

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.

December 24, 2012

RAYNALD CHARTRAND
Registrar

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COMPETITION TRIBUNAL

COMPETITION ACT

Application for an order

Notice is hereby given that on December 20, 2012, an application pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Commissioner of Competition, regarding certain policies and procedures of Reliance Comfort Limited Partnership (Reliance) relating to the return of water heaters.

The particulars of the order sought pursuant to subsections 79(1), 79(2) and 79(3.1) of the Competition Act are as follows:

  • an order prohibiting Reliance from directly or indirectly implementing any exclusionary water heater return policies or procedures;
  • an order directing Reliance to accept valid agency agreements between customers and competitors for return of Reliance water heaters;
  • an order prohibiting Reliance from charging customers unwarranted exit fees and charges upon termination of a rental water heater agreement;
  • an order directing Reliance to provide customers a fixed and commercially reasonable buy-out price schedule upon entering into a rental water heater agreement with Reliance;
  • an order directing Reliance to provide copies of its buy-out price schedule to customers and to make it readily available on its Web site;
  • an order directing Reliance to pay the amount of $10,000,000 as an administrative monetary penalty;
  • an order directing Reliance to pay costs of this proceeding;
  • all other orders or remedies that may be required to give effect to the foregoing prohibitions, to restore competition in the relevant market, or to reflect the intent of the Tribunal and its disposition of this matter; and
  • an order granting such further and other relief as this Tribunal may consider appropriate.

Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Registrar on or before February 14, 2013.

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.

December 24, 2012

RAYNALD CHARTRAND
Registrar

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