Vol. 138, No. 45 — November 6, 2004

COMMISSIONS

CANADA CUSTOMS AND 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)(c), 168(1)(d) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the organization listed below and that the revocation of the registration is effective on the date of publication of this notice."

Business Number	Name/Address
130697436RR0001	JE MAINTIENDRAI HOME SOCIETY, VANCOUVER, B.C.

ELIZABETH TROMP
Director General
Charities Directorate

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CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below 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 in the Canada Gazette."

Business Number	Name/Address
882733561RR0001	KEYS PLEASE!!! DESIGNATED DRIVING FOUNDATION, EDMONTON, ALTA.

ELIZABETH TROMP
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER

Whole potatoes

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 order made on September 13, 2000, in Review No. RR-99-005, continuing, without amendment, its order made on September 14, 1995, in Review No. RR-94-007, concerning whole potatoes, excluding seed potatoes and excluding imports during the period from May 1 to July 31, inclusive, of each calendar year, imported from the United States of America, for use or consumption in the province of British Columbia, is scheduled to expire (Expiry No. LE-2004-007) on September 12, 2005. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of antidumping 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. An expiry review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

Review No. RR-94-007 continued, with an amendment to exclude imports during the period from May 1 to July 31, inclusive, of each calendar year, its order made on September 14, 1990, in Review No. RR-89-010. The latter review continued without amendment (1) the finding of the Anti-dumping Tribunal made on June 4, 1984, in Inquiry No. ADT-4-84, concerning whole potatoes with netted or russeted skin, excluding seed potatoes, in non-size A, also commonly known as strippers, originating in or exported from the state of Washington, United States of America, for use or consumption in the province of British Columbia; and (2) the finding of the Canadian Import Tribunal made on April 18, 1986, in Inquiry No. CIT-16-85, concerning whole potatoes, originating in or exported from the United States of America, for use or consumption in the province of British Columbia, excluding seed potatoes, and excluding whole potatoes with netted or russeted skin in non-size A, originating in or exported from the state of Washington.

Persons or governments requesting or opposing the initiation of an expiry review of the said order should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than November 18, 2004. Persons or governments should endeavour to base their submissions exclusively on public information; however, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or edited version thereof.

Submissions should address all relevant factors, including

•  the likelihood of continued or resumed dumping of the goods;

•  the likely volume and price ranges of dumped imports if dumping were to continue or resume;

•  the domestic (British Columbia) industry's recent performance, including trends in production, sales, market share and profits;

•  the likelihood of injury to the domestic (British Columbia) industry if the order were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped imports on the industry's future performance;

•  any other developments affecting, or likely to affect, the performance of the domestic (British Columbia) industry; or the existence of a regional market in British Columbia;

•  changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada and British Columbia; and

•  any other matter that is relevant.

Where there are opposing views, each person or government 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 persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government that filed a submission with the Tribunal. Persons or governments wishing to respond to the submissions must do so not later than November 29, 2004. If confidential submissions have been filed, the Secretary will notify persons or governments and instruct them on how they may access these submissions through qualified counsel.

The Tribunal will issue a decision on December 15, 2004, on whether an expiry review is warranted based on the submissions and representations received and the responses to them.

•  If there is no request for a review, the Tribunal will not initiate a review and the order will expire on its expiry date.

•  If the Tribunal decides that a review is not warranted, the order will expire on its expiry date. The Tribunal will issue its reasons not later than 15 days after its decision.

•  If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

The Tribunal's Draft Guideline on Expiry Reviews can be found on its Web site at www.citt-tcce.gc.ca. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the draft guideline explains how an expiry review is conducted if the Tribunal determines that one is warranted. In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation. The Tribunal's notice of expiry review will provide more information on the expiry review process.

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 (facsimile), secretary@citt-tcce.gc.ca (electronic mail).

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

Ottawa, October 26, 2004

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Communications, detection and fibre optics

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2004-036) from Danbar Enterprises, of Redcliff, Alberta, concerning a procurement (Solicitation No. M9020-043254/A) by the Department of Public Works and Government Services on behalf of the Royal Canadian Mounted Police. The solicitation is for the supply of vehicular closed-circuit video equipment. 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 has decided to conduct an inquiry into the complaint.

It is alleged that certain mandatory technical specifications are biased in favour of a particular supplier.

Further information may be obtained from 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 (facsimile).

Ottawa, October 27, 2004

HÉLÈNE NADEAU
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Central Building, Les Terrasses de la Chaudière, Room G-5, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, (819) 997-2429 (telephone), 994-0423 (TDD), (819) 994-0218 (facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (telephone), 426-6997 (TDD), (902) 426-2721 (facsimile);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (telephone), 983-8274 (TDD), (204) 983-6317 (facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (telephone), 666-0778 (TDD), (604) 666-8322 (facsimile);

— C.R.T.C. Documentation Centre, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (telephone), 283-8316 (TDD), (514) 283-3689 (facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (416) 952-9096 (telephone), (416) 954-6343 (facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (telephone), (306) 780-3319 (facsimile);

— C.R.T.C. Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (telephone), (780) 495-3214 (facsimile).

Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

2004-467 October 25, 2004

TV5 Québec Canada
Across Canada

Approved — Amendment of the broadcasting licence of its specialty programming undertaking in order to replace the current condition of licence No. 4, as noted in the decision.

2004-468 October 27, 2004

Complaint by MTS Allstream Inc. alleging breaches of the winback rules by Shaw Communications Inc.

The Commission allows part of the complaint filed by MTS Allstream Inc. (MTS) alleging that Shaw Communications Inc. (Shaw) had breached the Commission's winback rules. Among other things, the winback rules in effect at the time stipulated that, in instances where a customer, either personally or through an agent, contacts an incumbent cable company for the purpose of cancelling service, the company is prohibited, for a period of 90 days, from directly contacting that customer and from offering discounts or other inducements not generally offered to the public.

The Commission dismisses that portion of the MTS complaint alleging that Shaw failed to comply with the Commission's policy requirement that Shaw, as one of the four largest cable companies, establish customer service groups that isolate competitively sensitive customer/competitor information from the sales and marketing function.

Further, the Commission denies the requests by MTS that (a) the Commission introduce regulatory symmetry between the winback rules that apply to broadcasting distribution undertakings and those that apply to telecommunications undertakings; and (b) that the Commission give effect to any direction it might make to Shaw pursuant to the MTS complaint by issuing an order that would be enforceable in the same manner as an order of the court, as provided for under section 13 of the Broadcasting Act.

2004-469 October 28, 2004

Groupe Radio Antenne "6" inc.
Dolbeau-Mistassini, Quebec

Approved — Acquisition of the assets, as part of a corporate reorganization, of the radio programming undertaking CHVD-FM Dolbeau-Mistassini. The licence will expire August 31, 2008.

2004-470 October 29, 2004

Crossroads Television System
London, Ontario

Approved — Change to the authorized contours of its transmitter CITS-TV-2 London by decreasing the effective radiated power from 7 700 watts to 2 600 watts.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2004-80

Call for applications for broadcasting licences to carry on radio programming undertakings to serve Winnipeg, Manitoba

The Commission announces that it has received an application for a broadcasting licence to provide a commercial ethnic radio service to serve Winnipeg.

The Commission hereby calls for applications from other parties wishing to obtain a broadcasting licence (or licences) to provide radio programming services that clearly reflect the diversity of languages, as well as the multicultural and multi-ethnic reality of Winnipeg.

Persons interested in responding to this call must submit a formal application to the Commission no later than January 27, 2005. Applicants are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the licensing of any service at this time.

Applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The factors relevant to the evaluation of applications, as outlined in Decision CRTC 1999-480 dated October 28, 1999.

3. The means by which the applicant will promote the development of Canadian talent, including local and regional talent.

4. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates.

5. Evidence as to the availability of financial resources consistent with the requirements established in the financial projections of the applicant's business plan. For the convenience of applicants, the Commission has available upon request a document entitled Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing.

For the convenience of interested parties, the financial summary for the Winnipeg radio market is attached to the hard copy version of this call.

The Commission also reminds applicants that they must comply with the eligibility requirements set out in the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192, dated April 8, 1997, as amended by SOR/98-1268, dated July 15, 1998, and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), SOR/85-627, dated June 27, 1985, as amended by SOR/97-231, dated April 22, 1997.

The Commission will announce at a later date the public process for considering applications and where they may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written interventions to the CRTC.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

October 29, 2004

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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).