Canada Gazette, Part I, Volume 149, Number 51: COMMISSIONS
December 19, 2015
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Certain hot-rolled carbon steel plate and high-strength low-alloy steel plate — Decisions
On December 7, 2015, pursuant to paragraph 41(1)(a) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) made a final determination of dumping in respect of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from the Republic of India (India) and the Russian Federation (Russia) and made a final determination of subsidizing in respect of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from India.
On the same date, pursuant to paragraph 41(1)(b) of SIMA, the CBSA terminated the subsidy investigation in respect of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Russia.
The goods in question are usually classified under the following Harmonized System classification numbers:
- 7208.51.00.10
- 7208.51.00.91
- 7208.51.00.92
- 7208.51.00.93
- 7208.51.00.94
- 7208.51.00.95
- 7208.52.00.10
- 7208.52.00.91
- 7208.52.00.92
- 7208.52.00.93
- 7208.52.00.94
- 7208.52.00.95
The Canadian International Trade Tribunal (CITT) is continuing its inquiry into the question of injury to the domestic industry and will make a finding by January 6, 2016. Provisional duties relating to dumping of subject goods from India and Russia, and provisional duties relating to the subsidizing of the subject goods from India, will continue to apply until this date. However, the provisional duties relating to the subsidization of goods from Russia will no longer apply, and the provisional duty paid or security posted will be returned.
If the CITT finds that the dumping and/or subsidizing have caused injury or are threatening to cause injury, anti-dumping duty and/or countervailing duty 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 Web site at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting either Mr. Robert Wright at 613-954-1643 or Mr. Matthew Lerette at 613-954-7398.
Ottawa, December 7, 2015
BRENT McROBERTS
Director General
Trade and Anti-dumping Programs Directorate
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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 registration is effective on the date of publication of this notice.”
| Business Number | Name/Address |
|---|---|
| 855103487RR0001 | INTERNATIONAL SCHOOL OF EXCELLENCE (I.S.E.), CALGARY, ALTA. |
CATHY HAWARA
Director General
Charities Directorate
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CANADA REVENUE AGENCY
INCOME TAX ACT
Revocation of registration of qualified donees
The following notice of proposed revocation was sent to the qualified donees listed below revoking them for failure to meet the part 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 organizations listed below and that the revocation of registration is effective on the date of publication of this notice.”
Name/Address
AUGSBURG COLLEGE, MINNEAPOLIS, MINN., U.S.A.
BELOIT COLLEGE, BELOIT, WISC., U.S.A.
BENNINGTON COLLEGE, BENNINGTON, VT, U.S.A.
BETHEL UNIVERSITY (FORMERLY BETHEL COLLEGE AND SEMINARY), ST. PAUL, MINN., U.S.A.
BOSTON COLLEGE, CHESTNUT HILL, MASS., U.S.A.
CATHY HAWARA
Director General
Charities Directorate
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEALS
Notice No. HA-2015-019
The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals referenced hereunder. The hearing for appeal Nos. AP-2014-009 and AP-2015-012 will be held beginning at 9:30 a.m. and the hearing for appeal No. AP-2015-010 will be held beginning at 10:30 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
Maples Industries, Inc. v. President of the Canada Border Services Agency
Date of Hearing: January 19, 2016
Appeal No.: AP-2014-009
Goods in Issue: Scatter rugs
Issue: Whether the goods in issue are of United States origin and entitled to preferential tariff treatment under the North American Free Trade Agreement.
Customs Act
Jakks Pacific Inc. v. President of the Canada Border Services Agency
Date of Hearing: January 21, 2016
Appeal No.: AP-2015-012
Goods in Issue: Sturdy table and chair set made of metal with printed images of Disney's Doc McStuffins character
Issue: Whether the goods in issue are properly classified under tariff item No. 9403.20.00 as other metal furniture, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9503.00.90 as other toys, as claimed by Jakks Pacific Inc.
Tariff Items at Issue: Jakks Pacific Inc.—9503.00.90
President of the Canada Border Services Agency—9403.20.00
Customs Act
D. Josefowich. v. President of the Canada Border Services Agency
Date of Hearing: January 25, 2016
Appeal No.: AP-2015-010
Good in Issue: M11A1 Steel Conversion Kit, Item No. GP766
Issue: Whether the good in issue is properly classified under tariff item No. 9898.00.00 as a prohibited device, as determined by the President of the Canada Border Services Agency.
Tariff Item at Issue: President of the Canada Border Services Agency—9898.00.00
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY REVIEW OF ORDER
Flat hot-rolled carbon and alloy steel sheet and strip
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review (Expiry Review No. RR-2015-002) of its order made on August 15, 2011, in Expiry Review No. RR-2010-001, continuing its order made on August 16, 2006, in Expiry Review No. RR-2005-002, continuing its finding made on August 17, 2001, in Inquiry No. NQ-2001-001, concerning the dumping of flat hot-rolled carbon and alloy steel sheet and strip, including secondary or non-prime material, in various widths from 0.75 in. (19 mm) and wider, and (a) for product in coil form, in thicknesses from 0.054 in. to 0.625 in. (1.37 mm to 15.875 mm) inclusive, and (b) for product that is cut to length, in thicknesses from 0.054 in. up to but not including 0.187 in. (1.37 mm up to but not including 4.75 mm), excluding (i) flat-rolled stainless steel sheet and strip and (ii) flat hot-rolled, cut-to-length alloy steel products containing no less than 11.5 percent manganese, in thicknesses from 0.12 in. to 0.19 in. (3 mm to 4.75 mm), originating in or exported from Brazil, the People's Republic of China, Chinese Taipei, India and Ukraine, and the subsidizing of such products originating in or exported from India (the subject goods). The order is scheduled to expire on August 14, 2016.
In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping and subsidizing of the subject goods. If the CBSA determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping and subsidizing, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping and subsidizing is likely to result in injury. The CBSA must provide notice of its determinations within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than April 6, 2016. The Tribunal will issue its order no later than August 12, 2016, and its statement of reasons no later than August 26, 2016.
Each person or government wishing to participate in this expiry review must file a notice of participation with the Tribunal on or before April 21, 2016. Each counsel who intends to represent a party in the expiry review must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before April 21, 2016.
The schedule for this expiry review is found at www.citt-tcce.gc.ca.
The Tribunal will hold a public hearing relating to this expiry review in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on June 27, 2016, at 9:30 a.m., to hear evidence and representations by interested parties.
In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a summary cannot be made.
Written submissions, correspondence and requests for information regarding the Tribunal's portion of this matter should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt- tcce@tribunal.gc.ca (email).
Further details regarding this expiry review, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Expiry Review Schedule” appended to the notice of commencement of expiry review available on the Tribunal's Web site at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/expiry-reviews-section-7603/notices-and-schedules.
Ottawa, December 8, 2015
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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 4 December and 11 December 2015.
| Application filed by | Application number | Undertaking | City | Province | Deadline for submission of interventions, comments or replies |
|---|---|---|---|---|---|
| Avis de recherche incorporée | 2015-1326-8 | Avis de Recherche | Across the province of Quebec | 11 December 2015 |
| Decision number | Publication date | Applicant's name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2015-539 | 8 December 2015 | Northern Native Broadcasting (Terrace, B.C.) | CFNR-FM | Terrace and Hartley Bay | British Columbia |
| 2015-542 | 9 December 2015 | Ethnic Channels Group Limited | |||
| 2015-549 | 11 December 2015 | Bell Media Inc. | Book Television | Across Canada | |
| 2015-550 | 11 December 2015 | Bell Media Inc. | MTV2 | Across Canada | |
| 2015-551 | 11 December 2015 | Bell Media Inc. | Fashion Television | Across Canada |
| Order number | Publication date | Licensee's name | Undertaking | Location |
|---|---|---|---|---|
| 2015-544 | 9 December 2015 | Revised exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20 000 subscribers |
| Regulatory policy number | Publication date | Title |
|---|---|---|
| 2015-543 | 9 December 2015 | Revised exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20 000 subscribers |
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COMPETITION TRIBUNAL
COMPETITION ACT
Application for an order
Notice is hereby given that on December 7, 2015, an application pursuant to section 92 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 the proposed acquisition of Office Depot Inc. by Staples, Inc.
The particulars of the orders sought are as follows:
- an order that Staples, Inc. not proceed with its acquisition of Office Depot Inc.;
- in the alternative, an order that Staples, Inc. not proceed with a part of the Acquisition necessary to ensure that the Acquisition does not lessen competition substantially in Canada or any part thereof;
- an order requiring the Respondents to pay the costs of the proceeding;
- an order granting such further and other relief as the Commissioner may request and the Tribunal may consider appropriate.
Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Deputy Registrar on or before February 1, 2016.
The notice of application may be examined at the Tribunal or a copy may be obtained by visiting 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 9, 2015
JOSEPH (JOS) LAROSE
Deputy Registrar
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NATIONAL ENERGY BOARD
APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES
Consolidated Edison Energy, Inc.
By an application dated December 10, 2015, Consolidated Edison Energy, 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 500 000 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.
- The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at the following offices: Consolidated Edison Energy, Inc., 100 Summit Lake Drive, Suite 410, Valhalla, New York 10595, 914-286-7085 (telephone), 914-613-1579 (fax), dixonj@conedenergy.com (email), and Dentons Canada LLP, 77 King Street West, Suite 400, Toronto-Dominion Centre, Toronto, Ontario M5K 0A1, 416-863-4471 (telephone), 416-863-4592 (fax), helen.newland@dentons.com (email). The Applicant shall also provide a copy of the application to any person who requests one. A copy of the application is available for viewing during normal business hours, by appointment, in the Board's library, at 517 Tenth Avenue SW, 2nd Floor, Calgary, Alberta T2R 0A8. To make an appointment, please call 1-800-899-1265. The application is also available online at www.neb-one.gc.ca.
- Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 517 Tenth Avenue SW, Calgary, Alberta T2R 0A8, 403-292-5503 (fax), and served on the Applicant by January 18, 2016.
- Pursuant to subsection 119.06(2) of the Act, the Board is interested in the views of submitters with respect to
- (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and
- (b) whether the Applicant has
- (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
- (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.
- 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 February 2, 2016.
- For further information on the procedures governing the Board's examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).
SHERI YOUNG
Secretary
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NATIONAL ENERGY BOARD
APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES
Ontario Power Generation Inc.
By an application dated December 9, 2015, Ontario Power Generation 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 12 000 000 MWh of combined firm and interruptible energy annually for a period of 10 years. As of December 31, 2014, the Applicant, or its affiliates, has an interest in the following generation or transmission facilities in Canada: 2 nuclear generating stations, 65 hydroelectric generating stations, and 3 thermal generating stations. The Applicant also owns two other nuclear generating stations, which are leased on a long-term basis to Bruce Power L.P. In addition, the Applicant has a 50% ownership interest in the Brighton Beach gas-fired generating station, with ATCO Power Canada Ltd., and in the gas-fired Portlands Energy Centre, with TransCanada Energy Ltd. For additional information, please refer to the Applicant's 2014 Annual Report attached to the application.
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.
- The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at 700 University Avenue, 18th Floor, Toronto, Ontario M5G 1X6, 416-592-8541 (telephone), david.barr@opg.com (email), and provide a copy of the application to any person who requests one. A copy of the application is available for viewing during normal business hours, by appointment, in the Board's library, at 517 Tenth Avenue SW, 2nd Floor, Calgary, Alberta T2R 0A8. To make an appointment, please call 1-800-899-1265. The application is also available online at www.neb-one.gc.ca.
- Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 517 Tenth Avenue SW, Calgary, Alberta T2R 0A8, 403-292-5503 (fax), and served on the Applicant by January 18, 2016.
- Pursuant to subsection 119.06(2) of the Act, the Board is interested in the views of submitters with respect to
- (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and
- (b) whether the Applicant has
- (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
- (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.
- 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 February 2, 2016.
- For further information on the procedures governing the Board's examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).
SHERI YOUNG
Secretary
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PARKS CANADA AGENCY
SPECIES AT RISK ACT
Description of critical habitat of Forked Three-awned Grass in Georgian Bay Islands National Park of Canada
Forked Three-awned Grass (Aristida basiramea) is listed on Schedule 1 to the Species at Risk Act as endangered. Forked Three-awned Grass is a slender, wiry plant that grows 30 to 60 cm in height and has very narrow leaves. It is an annual grass found in dry, open sand barrens in Ontario and Quebec, as well as in weedy habitats associated with these sites, such as roadside ditches and old fields. The Action Plan for the Forked Three-awned Grass (Aristida basiramea) in Ontario (http://www.sararegistry.gc.ca/document/default_e.cfm?documentID=886) identifies critical habitat for the species in a number of areas, including one national park.
Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, 90 days after the date of publication of this notice, subsection 58(1) of the Act will apply to the critical habitat of the Forked Three-awned Grass — identified in the action plan for that species that is included in the Species at Risk Public Registry — that is located within Georgian Bay Islands National Park of Canada, the boundaries of which are described in Schedule 1 to the Canada National Parks Act.
KATHERINE PATTERSON
Field Unit Superintendent
Georgian Bay and Ontario East Field Unit
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PARKS CANADA AGENCY
SPECIES AT RISK ACT
Description of critical habitat of Greater Short-horned Lizard in Grasslands National Park of Canada
The Greater Short-horned Lizard (Phrynosoma hernandesi) is listed on Schedule 1 of the Species at Risk Act as endangered. The Greater Short-horned Lizard is a small (50–70 mm), cryptic lizard that inhabits sparsely vegetated and south-facing slopes along eroded coulees, canyons, badlands and ravines of the mixed-grass prairie in southwestern Saskatchewan and southeastern Alberta. The Recovery Strategy for the Greater Short-horned Lizard (Phrynosoma hernandesi) in Canada (http://www.sararegistry.gc.ca/document/default_e.cfm?documentID=2655) identifies critical habitat for the species in a number of areas, including Grasslands National Park of Canada.
Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, 90 days after the date of publication of this notice, subsection 58(1) of the Act will apply to the critical habitat of the Greater Short-horned Lizard — identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — that is located within Grasslands National Park of Canada, the boundaries of which are described in Schedule 1 to the Canada National Parks Act.
KEVIN MOORE
Field Unit Superintendent
Saskatchewan South Field Unit
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