Canada Gazette, Part I, Volume 154, Number 35: COMMISSIONS
August 29, 2020
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Heavy plate — Decision
On August 18, 2020, pursuant to subsection 39(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) extended the preliminary phase of the investigation into the alleged injurious dumping of certain hot-rolled carbon steel heavy plate and high-strength low-alloy steel heavy plate from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Germany, South Korea, Malaysia, and Turkey.
SIMA provides that, under normal circumstances, the preliminary stage of the investigation shall be completed within 90 days of the date of initiation. However, due to the existence of circumstances that, in the opinion of the CBSA, make it unusually difficult to decide within 90 days whether to make a preliminary determination of dumping or to terminate the investigation with respect to some or all of the goods, the period has been extended to 135 days, pursuant to subsection 39(1) of SIMA.
Consequently, the decision to issue a preliminary determination of dumping or to terminate the investigation with respect to some or all of the goods will be made on or before October 9, 2020.
Information
For further information, contact Serena Major by telephone at 613‑948‑8581 or by email at Serena.Major@cbsa-asfc.gc.ca. Alternatively, you may contact Shawn Ryan by telephone at 902‑943‑1849 or by email at Shawn.Ryan@cbsa-asfc.gc.ca.
Ottawa, August 18, 2020
Doug Band
Director General
Trade and Antidumping Programs Directorate
CANADA ENERGY REGULATOR
APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES
Coast Mountain Hydro Corp., on behalf of Coast Mountain Hydro Limited Partnership
By an application dated August 21, 2020, Coast Mountain Hydro Corp., on behalf of Coast Mountain Hydro Limited Partnership (the Applicant), has applied to the Commission of the Canada Energy Regulator (the Commission), under Division 2 of Part 7 of the Canadian Energy Regulator Act (the Act), for authorization to export up to 1 500 000 MWh of combined firm and interruptible energy annually, for a period of 10 years. The Applicant, or its affiliates, has an interest in generation or transmission facilities in Canada. These facilities are listed in an appendix to this application.
The Commission wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that the application be designated for a licensing procedure. The Directions on Procedure that follow explain in detail the procedure that will be used.
- 1. The Applicant shall provide a copy of the application by email to any person who requests one by emailing tge@axiuminfra.com. The application is also publicly available on the Canada Energy Regulator website.
- 2. Submissions that any party wishes to present shall be filed online with the Secretary of the Commission and emailed to the Applicant by October 1, 2020.
- 3. Pursuant to subsection 359(2) of the Act, the Commission 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 buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after 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 Commission and emailed to the party that filed the submission by October 16, 2020.
- 5. For further information on the procedures governing the Commission’s examination, contact the Secretary of the Commission at 403‑292‑4800 (telephone).
The Canada Energy Regulator (the CER) is dedicated to the safety and well-being of its staff, Indigenous communities, the public, and all those with whom it works closely. For information on how the CER is continuing its regulatory oversight during the COVID-19 pandemic, please refer to the CER’s COVID-19 response page.
The CER’s preferred filing method is online through its e-filing tool, which provides step-by-step instructions. If you are unable to file documents online, you may send them by email to secretary@cer-rec.gc.ca.
Jean-Denis Charlebois
Secretary of the Commission of the Canada Energy Regulator
CANADA–NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD
CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT
Call for Bids No. NL20-CFB01 (Eastern Newfoundland) — Amendment
The Canada–Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of an amendment to Call for Bids No. NL20-CFB01 made pursuant and subject to the Canada–Newfoundland and Labrador 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, and which was published in the Canada Gazette, Vol. 154, No. 25, on June 20, 2020.
The following is a summary of the amendments to Call for Bids No. NL20-CFB01.
Section 6 of the Sample Exploration Licence is replaced by the following:
- 6. SECURITY DEPOSIT
- (1) As a condition of the issuance of this Licence, the Interest Owner has posted a security deposit with the Board in the amount of $ CAD equal to 25% of its Work Commitment (the “Security Deposit”).
- (2) The Security Deposit will be refunded to the extent of approved allowable expenditures calculated in accordance with section 8 of this Licence and this section 6.
- (3) For allowable expenditures incurred prior to the issuance of the Licence, the Security Deposit will be refunded to the extent of 75% of such approved allowable expenditures.
- (4) With the exception of allowable expenditures calculated in accordance with 6(3) herein, for any other allowable expenditures approved in accordance with section 8 of this Licence, the percentage of credit claimed against any outstanding Security Deposit shall be calculated in accordance with the timing and number of wells drilled in Period I:
- (a) During the first three years of the Licence, the Security Deposit will be refunded to the extent of 50% of the allowable expenditures approved in accordance with section 8 of this Licence, including those related to the first validating well;
- (b) If during the first three years of the Licence more than three wells are drilled on this Licence and evaluated in accordance with the Board’s “Approval to Drill a Well” process, the Security Deposit will be refunded by an additional 25% for the fourth and each additional well thereafter to the upper extent of 100% of the allowable expenditures approved in accordance with section 8 of this Licence, with the additional incremental 25% credit granted in relation to previously approved allowable expenditures credited in relation to prior wells drilled; and
- (c) If no wells are drilled in the first three years of the Licence, the Security Deposit for allowable expenditures approved and incurred during the remainder of Period I will be refunded as follows:
- (i) the Security Deposit will be refunded to the extent of 30% of the allowable expenditures approved in accordance with section 8 of this Licence, including those related to a validating well during the remainder of Period I,
- (ii) If, during the remainder of Period I, a second well is drilled on this Licence and evaluated in accordance with the Board’s “Approval to Drill a Well” process, the Security Deposit will be refunded to the extent of 40% of the allowable expenditures approved in accordance with section 8 of this Licence, with an additional 10% credit granted in relation to previously approved allowable expenditures credited in accordance with subparagraph 6(4)(c)(i),
- (iii) If, during the remainder of Period I, a third well is drilled on this Licence and evaluated in accordance with the Board’s “Approval to Drill a Well” process, the Security Deposit will be refunded to the extent of 50% of the allowable expenditures approved in accordance with section 8 of this Licence, with an additional 10% credit granted in relation to previously approved allowable expenditures credited in accordance with subparagraph 6(4)(c)(ii),
- (iv) If, during the remainder of Period I, a fourth well is drilled on this Licence and evaluated in accordance with the Board’s “Approval to Drill a Well” process, the Security Deposit will be refunded to the extent of 75% of the allowable expenditures approved in accordance with section 8 of this Licence, with an additional 25% credit granted in relation to previously approved allowable expenditures credited in accordance with subparagraph 6(4)(c)(iii),
- (v) If, during the remainder of Period I, five or more wells are drilled on this Licence and evaluated in accordance with the Board’s “Approval to Drill a Well” process, the Security Deposit will be refunded to the extent of 100% of the allowable expenditures approved in accordance with section 8 of this Licence, with an additional 25% credit granted in relation to previously approved allowable expenditures credited in accordance with subparagraph 6(4)(c)(iv), and
- (vi) For the purpose of this subsection 6(4), to be considered an additional well, the well must target a separate geological feature for the purposes of obtaining the additional credit percentage.
- (5) No later than 30 days after the end of Period I, any unclaimed allowable expenditures described in section 8 and calculated in accordance with section 6 must be submitted to the Board.
- (6) Allowable expenditures that are expended in Period II shall not be credited against the Security Deposit. No interest will be paid on the Security Deposit.
- (7) The Interest Owner is not obligated to perform work under this Licence. However, if the Interest Owner does not meet its Work Commitment during Period I,
- (a) the non-credited remaining balance of the Security Deposit will be forfeited to the Receiver General for Canada upon the termination of Period I; or
- (b) the Interest Owner may extend the term of the Security Deposit beyond Period I in order to receive the benefit of any incremental percentage increase for the calculation of allowable expenditures related to the drilling of additional wells in Period II as described in 6(4) herein. Any non-credited remaining balance of the Security Deposit upon expiry of the Licence will otherwise be forfeited to the Receiver General for Canada. For greater certainty, allowable expenditures incurred in Period II are not available to reduce the Security Deposit.
Section 8 of the Sample Exploration Licence and Sample Significant Discovery Licence is amended as indicated by the bold type as follows:
- 8. ALLOWABLE EXPENDITURES
- (1) Allowable Expenditures may be claimed for those permitted expenses more particularly described in paragraphs 8(2)(iv), (v) and (vii) incurred from the date of the announcement of the Call for Nominations NL18-CFN01 (Areas of Interest) up to and including the effective date of this Licence.
- (2) The Allowable Expenditures for any given year shall be the total calculated expenditures for that year (i.e. monies actually spent) based upon the following rates:
- (i) Drilling costs, as may be more particularly described in guidance, shall be claimed “at cost” when carried out by a party at arm’s length from the operator. Drilling costs are subject to Board approval based on the following conditions:
- (a) each claim must be accompanied by a cost statement prepared and certified by an external auditor satisfactory to the Board,
- (b) the Board shall approve the Terms of Reference / Scope of Work in relation to any audit to be performed in accordance with 8(2)(i)(a) above, and
- (c) the Board reserves the right to conduct its own audit if for any reasons it deems it necessary to do so;
- (ii) Drilling costs, as may be more particularly described in guidance, in a non-arm’s length transaction shall be the lesser of cost or fair market value as established by an independent third-party expert. Non-arm’s length Drilling costs are subject to Board approval based on the following conditions:
- (a) each claim must be accompanied by a cost statement prepared and certified by an external auditor satisfactory to the Board,
- (b) the Board shall approve the Terms of Reference / Scope of Work in relation to any audit to be performed in accordance with 8(2)(ii)(a) above, and
- (c) the Board reserves the right to conduct its own audit if for any reasons it deems it necessary to do so;
- (iii) Overheads — Drilling Costs
- The lesser of $25,000,000 or 10% of the total Allowable Expenditures as described in paragraphs 8(2)(i) and/or 8(2)(ii) may be claimed as overhead on a per-well basis. Any costs claimed under this paragraph 8(2)(iii) cannot double count costs claimed under paragraphs 8(2)(i) and/or 8(2)(ii);
- (iv) Seismic, Well-Site or Electromagnetic Survey costs shall be claimed “at cost” when carried out by a party at arm’s length from the operator. Seismic, Well-Site or Electromagnetic Survey costs are subject to Board approval based on the following conditions:
- (a) each claim must be accompanied by a cost statement prepared and certified by an external auditor satisfactory to the Board,
- (b) the Board shall approve the Terms of Reference / Scope of Work in relation to any audit to be performed in accordance with 8(2)(iv)(a) above, and
- (c) the Board reserves the right to conduct its own audit if for any reasons it deems it necessary to do so;
- (v) Seismic, Well-Site or Electromagnetic Survey costs in a non-arm’s length transaction shall be the lesser of cost or fair market value as established by an independent third-party expert consistent with
- (a) each claim must be accompanied by a cost statement prepared and certified by an external auditor satisfactory to the Board,
- (b) the Board shall approve the Terms of Reference / Scope of Work in relation to any audit to be performed in accordance with subparagraph 8(2)(v)(a) above, and
- (c) the Board reserves the right to conduct its own audit if for any reasons it deems it necessary to do so;
- (vi) For the purposes of paragraphs 8(2)(i), 8(2)(ii), 8(2)(iv) and 8(2)(v), persons are not dealing at arm’s length if they are not dealing at arm’s length for the purposes of the Income Tax Act, section 251;
- (vii) Seabed and Other Surveys/Studies
- (a) Environmental field studies when they are required to obtain an authorization for work or activity. At cost, and
- (b) Any other survey/study at a rate agreed to by the Board prior to the program commencement;
- (viii) Overheads — Non-Drilling
- 10% of the Allowable Expenditures as described in paragraph 8(1) or paragraphs 8(2)(iv), 8(2)(v), and 8(2)(vii); and
- (ix) Research and Development / Education and Training
- (a) An Interest Owner will be permitted to apply for a maximum of 5% of the Expenditure Bid as an Allowable Expenditure during Period I for these purposes, and
- (b) Any Allowable Expenditure made in relation to research and development / education and training and applied for as a credit against the Security Deposit must be approved by the Board.
All other terms and conditions of Call for Bids No. NL20-CFB01 remain unchanged. The full text of Call for Bids No. NL20-CFB01 as amended is available on the Board’s website or upon request made to the Registrar, Canada–Newfoundland and Labrador Offshore Petroleum Board, The Tower Corporate Campus — West Campus Hall, Suite 7100, 240 Waterford Bridge Road, St. John’s, Newfoundland and Labrador A1E 1E2, 709‑778‑1400.
Scott Tessier
Chief Executive Officer
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEAL
Notice No. HA-2020-007
The Canadian International Trade Tribunal has decided, pursuant to rule 25 of the Canadian International Trade Tribunal Rules, to consider the appeal referenced hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal.
Customs Act
Date of Hearing |
October 1, 2020 |
|---|---|
Appeal No. |
AP-2019-037 |
Good in |
WE / Cybergun Model Thompson M1A1 gas blowback airsoft gun |
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 |
CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF PRELIMINARY INJURY INQUIRY (E-REGISTRY PILOT PROJECT)
Wheat gluten
The Canadian International Trade Tribunal hereby gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry (Preliminary Injury Inquiry No. PI-2020-003) to determine whether the evidence discloses a reasonable indication that the dumping of wheat gluten, whether or not blended with wheat flour, salt or any other substance, with a minimum wheat protein content of 40% by weight on a dry basis calculated using a Jones Factor of 5.7, originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania, but excluding (i) devitalized wheat gluten; (ii) hydrolyzed wheat gluten; (iii) wheat protein isolates; and (iv) organic wheat gluten that is certified organic in accordance with and otherwise meets the requirements of the Food and Drugs Act, R.S.C., 1985, c. F-27, and regulations made thereunder, and the Safe Food for Canadians Act, S.C. 2012, c. 24, and regulations made thereunder, including the Safe Food for Canadians Regulations, SOR/2018-108, all of which as may be amended or replaced from time to time (the subject goods), has caused injury or retardation or is threatening to cause injury, as these words are defined in SIMA.
For greater certainty, the subject goods include but are not limited to vital wheat gluten as defined by the World Health Organization’s Codex Standard 163-1987, Rev. 1-2001 (“Standard for Wheat Protein Products Including Wheat Gluten”).
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 Tribunal on or before August 27, 2020. 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 Tribunal on or before August 27, 2020.
Submissions by parties opposed to the complaint must be filed not later than noon, on September 11, 2020. The complainant, as well as supporting parties, may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on September 18, 2020.
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 this notice 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), citt-tcce@tribunal.gc.ca (email).
Further details regarding this preliminary injury inquiry, including the schedule of key events, are contained in the sections entitled “Additional Information” and “Preliminary Injury Inquiry Schedule” of the notice of commencement of preliminary injury inquiry available on the Tribunal’s website.
Ottawa, August 17, 2020
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Commercial security guard and related services
The Canadian International Trade Tribunal has received a complaint (File No. PR-2020-024) from Lions Gate Management Group (Lions Gate), of Delta, British Columbia, concerning a procurement (Solicitation No. M2989-202968/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Royal Canadian Mounted Police. The solicitation was for security 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 August 12, 2020, to conduct an inquiry into the complaint.
Lions Gate alleges that PWGSC failed to award the contract in accordance with the terms of the solicitation and that PWGSC was biased in favour of the winning bidder.
Further information may be obtained from the Deputy Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, August 17, 2020
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (2011) in Part 1 Applications, these documents may be examined at the Commission’s office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission’s website, under “Public proceedings & hearings.”
The following documents are abridged versions of the Commission’s original documents.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PART 1 APPLICATIONS
The following applications or complaints were posted on the Commission’s website between August 14 and August 20, 2020.
| Application filed by |
Application number |
Undertaking |
City |
Province |
Deadline for submission of interventions, comments or replies |
|---|---|---|---|---|---|
Canadian Association of Broadcasters |
2020-0492-7 |
CAB |
Across Canada |
September 17, 2020 |
|
Canadian Communication Systems Alliance |
2020-0496-9 |
CCSA |
Across Canada |
September 18, 2020 |
|
Bell Media Radio Atlantic Inc. |
2020-0501-6 |
CKHJ |
Fredericton |
New Brunswick |
September 21, 2020 |
| Decision number |
Publication date |
Applicant’s name |
Undertaking |
City |
Province |
|---|---|---|---|---|---|
2020-266 |
August 14, 2020 |
ZoomerMedia |
CIIT-DT, CHNU-DT |
Winnipeg, Fraser Valley and Victoria |
Manitoba and British Columbia |
2020-267 |
August 14, 2020 |
Various licensees |
Various commercial specialty (Christian music) radio stations |
Various locations in Alberta and Saskatchewan |
|
2020-270 |
August 14, 2020 |
La radio communautaire de LaSalle |
CKVL-FM |
Montréal |
Quebec |
2020-271 |
August 14, 2020 |
R.B. Communications Ltd. |
CKYY-FM |
Welland |
Ontario |
2020-272 |
August 17, 2020 |
Parrsboro Radio Society |
CICR-FM |
Parrsboro |
Nova Scotia |
2020-276 |
August 17, 2020 |
Cogeco Media Inc. |
Various commercial radio stations |
Lachute, La Sarre, Laval, Rouyn-Noranda and Val-d’Or |
Quebec |
2020-278 |
August 18, 2020 |
Various licensees |
Various campus and community radio stations |
Various locations in British Columbia, Saskatchewan, Ontario, New Brunswick and Nova Scotia |
|
2020-279 |
August 18, 2020 |
Vista Radio Ltd. |
Various commercial radio stations |
Various locations in British Columbia and Alberta |
|
2020-280 |
August 20, 2020 |
Radio Bas-St-Laurent inc. |
CFYX-FM |
Rimouski |
Quebec |
2020-281 |
August 20, 2020 |
Ethnic Channels Group Limited |
RT France |
Across Canada |
|
2020-282 |
August 20, 2020 |
Acadian Communications Ltd. |
CHNE-TV |
Cheticamp |
Nova Scotia |
| Order number |
Publication date |
Licensee’s name |
Undertaking |
Location |
|---|---|---|---|---|
2020-273 |
August 17, 2020 |
Parrsboro Radio Society |
CICR-FM |
Nova Scotia |
2020-274 |
August 17, 2020 |
Parrsboro Radio Society |
CICR-FM |
Nova Scotia |
2020-275 |
August 17, 2020 |
Parrsboro Radio Society |
CICR-FM |
Nova Scotia |