Canada Gazette, Part I, Volume 149, Number 1: COMMISSIONS

January 3, 2015

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain concrete reinforcing bar — Decisions

On December 10, 2014, the President of the Canada Border Services Agency (CBSA) made a final determination of dumping pursuant to paragraph 41(1)(a) of the Special Import Measures Act (SIMA), in respect of hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from the People’s Republic of China (China), the Republic of Korea and the Republic of Turkey (Turkey) and made a final determination of subsidizing in respect of the above-mentioned goods originating in or exported from China.

On the same date, pursuant to paragraph 41(1)(b) of SIMA, the President of the CBSA terminated the subsidy investigation in respect of the above-mentioned goods originating in or exported from the Republic of Korea and Turkey.

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

The subject goods may also be classified under the following Harmonized System classification numbers:

The Canadian International Trade Tribunal (Tribunal) is continuing its inquiry into the question of injury to the domestic industry and will make a finding by January 9, 2015. Provisional duties will continue to apply until this date on imports of subject goods from the three named countries. However, the provisional duties related to the subsidization of goods from the Republic of Korea and Turkey will no longer apply, and the provisional duty paid or security posted will be returned.

If the Tribunal finds that the dumping and/or subsidizing have caused injury or are threatening to cause injury, anti-dumping duty equal to the margin of dumping and/or countervailing duty equal to the amount of subsidy on the goods will be applied to future importation of the subject goods. In that event, the importer in Canada shall pay all such duties.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duty.

Information

The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting Manshun Tong at 613-954-1666.

Ottawa, December 10, 2014

BRENT MCROBERTS
Director General
Trade and Anti-dumping Programs Directorate

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CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL13-01

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bid which has been selected in response to Call for Bids No. NL13-01 in the CanadaNewfoundland and Labrador Offshore Area. A summary of the terms and conditions applicable to the call was published in the Canada Gazette, Part I, Vol. 147, No. 23, on June 8, 2013, and a subsequent notice was published in the Canada Gazette, Part I, Vol. 148, No. 25, on June 21, 2014.

This notice is made pursuant to and subject to the CanadaNewfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Pursuant to Call for Bids No. NL13-01, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with the requirements, the following bid has been selected. Subject to ministerial approval, the Board will issue an Exploration Licence for the parcel in January 2015:

Parcel No. 1

Work Expenditure Bid $559,000,000.00

Bid Deposit $10,000.00

Bidders, with participating shares

Designated Representative ExxonMobil Canada Ltd.

Further information, including the full text of Call for Bids No. NL13-01, may be obtained by contacting Ms. Susan Gover, Legal, Regulatory and Public Affairs, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, 5th Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6.

December 2014

SCOTT TESSIER
Chair

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CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL13-02

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bid which has been selected in response to Call for Bids No. NL13-02 in the CanadaNewfoundland and Labrador Offshore Area. A summary of the terms and conditions applicable to the call was published in the Canada Gazette, Part I, Vol. 147, No. 23, on June 8, 2013, and a subsequent notice was published in the Canada Gazette, Part I, Vol. 148, No. 25, on June 21, 2014.

This notice is made pursuant to and subject to the CanadaNewfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Pursuant to Call for Bids No. NL13-02, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with the requirements, the following bid has been selected. Subject to ministerial approval, the Board will issue an Exploration Licence for the parcel in January 2015:

Parcel No. 2

Work Expenditure Bid $21,000,000.00

Bid Deposit $10,000.00

Bidders, with participating shares:

Designated Representative ExxonMobil Canada Ltd.

Further information, including the full text of Call for Bids No. NL13-02, may be obtained by contacting Ms. Susan Gover, Legal, Regulatory and Public Affairs, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, 5th Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6.

December 2014

SCOTT TESSIER
Chair

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CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL14-01

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the bid which has been selected in response to Call for Bids No. NL14-01 in the CanadaNewfoundland and Labrador Offshore Area. A summary of the terms and conditions applicable to the call was published in the Canada Gazette, Part I, Vol. 148, No. 33, on August 16, 2014.

This notice is made pursuant to and subject to the CanadaNewfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Pursuant to Call for Bids No. NL14-01, bids were to be submitted in a prescribed form and were to contain only the information required on this form. In accordance with the requirements, the following bid has been selected. Subject to ministerial approval, the Board will issue an Exploration Licence for the parcel in January 2015:

Parcel No. 1

Work Expenditure Bid $16,700,000.00

Bid Deposit $10,000.00

Bidders, with participating shares ExxonMobil Canada Ltd. 100%

Designated Representative ExxonMobil Canada Ltd.

Further information, including the full text of Call for Bids No. NL14-01, may be obtained by contacting Ms. Susan Gover, Legal, Regulatory and Public Affairs, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, 5th Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6.

December 2014

SCOTT TESSIER
Chair

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2014-023

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

Quagga Designs v. President of the Canada Border Services Agency

Date of Hearing: February 3, 2015

Appeal No.: AP-2013-058

Goods in Issue: Various components of wooden wardrobes

Issue: Whether the goods in issue are properly classified under tariff item No. 9403.50.00 as wooden furniture of a kind used in the bedroom, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9403.90.00 as parts of other furniture, as claimed by Quagga Designs.

Tariff Items at Issue: Quagga Designs—9403.90.00
President of the Canada Border Services Agency—9403.50.00

Customs Act

AMD Ritmed Inc. v. President of the Canada Border Services Agency

Date of Hearing: February 5, 2015

Appeals No.: AP-2014-013 and AP-2014-015

Goods in Issue: Isolation gowns

Issue: Whether the goods in issue are properly classified under tariff item No. 6210.10.90 as other garments made up of fabrics of heading 56.02 or 56.03, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 6210.10.10 as protective suits, to be employed in a noxious atmosphere, made up of fabrics of heading 56.02 or 56.03, as claimed by AMD Ritmed Inc.

Tariff Items at Issue: AMD Ritmed Inc.—6210.10.10
President of the Canada Border Services Agency—6210.10.90

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Professional, administrative and management support services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2014-028) on December 12, 2014, with respect to a complaint filed by Centre de Linguistique Appliquée T.E.S.T. Ltée (T.E.S.T.), of Verdun, Quebec, 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. EN966-140305/D) by the Department of Public Works and Government Services (PWGSC). The solicitation was for translation services.

T.E.S.T. alleged that its bid was incorrectly found non-compliant by reason of an erroneous interpretation by PWGSC of a requirement of the request for supply arrangement and that it did not receive a clear explanation of the reason for which its bid was found non-compliant.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Government Procurement, the Tribunal determined that the complaint was valid in part.

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

Ottawa, December 16, 2014

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF FINDING

Greenhouse bell peppers

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA) that its finding made on October 19, 2010, in Inquiry No. NQ-2010-001, concerning the dumping of greenhouse bell peppers originating in or exported from the Netherlands (the subject goods), is scheduled to expire (Expiry No. LE-2014-004) on October 18, 2015. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date.

The Tribunal’s expiry proceeding will be conducted by way of written submissions. Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Tribunal on or before January 6, 2015. Each counsel who intends to represent a party in these proceedings must also file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before January 6, 2015.

On January 8, 2015, the Tribunal will distribute the 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. Ten copies of all submissions must be served on the Tribunal.

Parties requesting or opposing the initiation of an expiry review of the finding shall file their written public submissions containing relevant information, opinions and arguments with the Tribunal, counsel and parties of record, no later than January 12, 2015. Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. Parties wishing to respond to the submissions must do so no later than January 20, 2015.

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.

The Tribunal will issue a decision on February 4, 2015, on whether an expiry review is warranted. If the Tribunal decides that an expiry review is not warranted, the finding will expire on its scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.

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

Further details regarding this proceeding, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Expiry Schedule” appended to the notice of expiry of finding available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/expiries.

Ottawa, December 16, 2014

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Information processing and related telecommunications services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2014-043) from TRM Technologies Inc. (TRM), of Ottawa, Ontario, concerning a procurement (Solicitation No. G7898-130001/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Employment and Social Development. The solicitation is for the provision of business services and project management services. 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 December 16, 2014, to conduct an inquiry into the complaint.

TRM alleges that its proposal was not evaluated in accordance with the requirements of the Request for Proposal.

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

Ottawa, December 16, 2014

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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 for renewal or amendment or complaints were posted on the Commission’s Web site between 17 December 2014 and 19 December 2014.

Application filed by Application number Undertaking Location Deadline for submission of interventions, comments or replies
Radio Centre-Ville Saint-Louis 2014-1297-3 CINQ-FM Montréal, Quebec 15 January 2015
Kosiner Venture Capital Inc. 2014-1310-4 HuffPost Live Across Canada 19 January 2015
NOTICE OF CONSULTATION
Notice number Publication date of the notice Location Deadline for filing of interventions, comments or replies OR hearing date
2014-661 18 December 2014   16 February 2015
2014-621-1 19 December 2014 Gatineau, Quebec 19 January 2015
DECISIONS
Decision number Publication date Applicant’s name Undertaking Location
2014-656 17 December 2014 Shaw Television G.P. Inc. (the general partner) and Shaw Media Global Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership CHAN-DT and its transmitters CHKM-TV-1 and CITM-TV-2 Vancouver, Pritchard and Quesnel, British Columbia
2014-666 19 December 2014 Canadian Broadcasting Corporation Various radio programming undertakings (networks and stations) Across Canada
2014-667 19 December 2014 2188301 Ontario Corporation CFAO-FM Alliston, Ontario

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

Proposed changes to the Regulations Amending Certain Regulations Made Under the Broadcasting Act (Broadcasting and Telecom Notice of Consultation CRTC 2014-661)

Notice is given, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), that the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made Under the Broadcasting Act.

Licensees and other interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

PAY TELEVISION REGULATIONS, 1990

1. Subsection 6.4(4) of the Pay Television Regulations, 1990 (see footnote 1) is replaced by the following:

(4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the programming service of the licensee in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.

SPECIALTY SERVICES REGULATIONS, 1990

2. Subsection 10.4(4) of the Specialty Services Regulations, 1990 (see footnote 2) is replaced by the following:

(4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the programming service of the licensee in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.

BROADCASTING DISTRIBUTION REGULATIONS

3. Subsection 12(9) of the Broadcasting Distribution Regulations (see footnote 3) is replaced by the following:

(9) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the licensee shall submit to having the dispute resolved in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013, and the rates, terms and conditions established by the Commission will apply as of the day on which the programming service was first made available to the distributor in the absence of a commercial agreement.

COMING INTO FORCE

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

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

Proposed changes to the Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (Broadcasting and Telecom Notice of Consultation CRTC 2014-661)

Notice is given, pursuant to subsection 10(3) of the Broadcasting Act (see footnote b) and subsection 69(1) of the Telecommunications Act (see footnote c), that the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) and section 21 of the Broadcasting Act (see footnote d) and sections 57 and 67 (see footnote e) of the Telecommunications Act (see footnote f), proposes to make the annexed Rules Amending the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.

Licensees and other interested persons may make representations with respect to the proposed Rules within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2.

RULES AMENDING THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION RULES OF PRACTICE AND PROCEDURE

AMENDMENT

1. Section 52 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (see footnote 4) is replaced by the following:

Requirements to be followed

52. An application for the resolution of a matter under an alternative dispute resolution process must be made in accordance with the procedural requirements established by the Commission in Broadcasting and Telecom Information Bulletin CRTC 2013-637, dated November 28, 2013.

COMING INTO FORCE

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

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