Vol. 140, No. 2 — January 14, 2006

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2005-004

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at (613) 990-2541 for further information and to ensure that the hearings will be held as scheduled.

Customs Act

Appellant v. Respondent (President of the Canada Border Services Agency)

February 2006

Date	Appeal Number	Appellant
1	AP-2005-019	Bauer Nike Hockey Inc.
	Goods in Issue:	Goalie pads and shin-guards
	Dates of Entry:	January 20, 2003, to August 9, 2004
	Tariff Items at Issue:	9506.99.90.83, 9506.99.40.00 9506.99.50
28	AP-2005-024 Tax Reimbursement	John Campeau

January 6, 2006

By order of the Tribunal 

HÉLÈNE NADEAU 
Secretary 

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2005-005

The Canadian International Trade Tribunal has decided, pursuant to section 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeals listed hereunder by way of written submissions based on the written documentation currently before it. Interested persons seeking additional information should contact the Tribunal at (613) 990-2541.

Excise Tax Act

Appellant v. Respondent (Minister of National Revenue)

January 2006

Date	Appeal Number	Appellant
31	AP-2004-051	Transport Gilles Perrault Inc. Section 81.19
31	AP-2005-001	2544-7343 Québec Inc. Section 81.19
31	AP-2005-002	2758-4747 Québec Inc. Section 81.19
31	AP-2005-003	Les Opérations JTC (Richelieu) Inc. Section 81.19
31	AP-2005-004	Les Opérations JTC (Richelieu) Inc. Section 81.19

February 2006

Date	Appeal Number	Appellant
14	AP-2004-019	Diamond Conversions Inc. Section 81.19

Customs Act

Appellant v. Respondent (President of the Canada Border Services Agency)

February 2006

Date	Appeal Number	Appellant
7	AP-2005-009	Gordon Schebek
	Prohibited Weapon:	Katar dagger
	Date to File Request to Intervene:	January 24, 2006
7	AP-2005-017	Editions Gallery Ltd.
	Goods in Issue:	Cast acrylic sculptures being reproduced commercially
	Dates of Entry:	March 3, 2003, to December 23, 2003
	Tariff Items at Issue:
	Appellant:	9703.00.00
	Respondent:	3926.40.10.00
	Date to File Request to Intervene:	January 24, 2006

January 6, 2006

By order of the Tribunal 

HÉLÈNE NADEAU 
Secretary 

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DECISION TO COMMENCE A GLOBAL SAFEGUARD INQUIRY

Unmanufactured bright Virginia flue-cured tobacco

Following a complaint filed by the Ontario Flue-Cured Tobacco Growers Marketing Board, the Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it is commencing, pursuant to subsection 26(1) of the Canadian International Trade Tribunal Act (CITT Act), a global safeguard inquiry (Safeguard Inquiry No. GS-2005-001) into the importation into Canada, from all sources, of unmanufactured bright Virginia flue-cured tobacco, whether stemmed or stripped, or partly or wholly stemmed/stripped, for use in the manufacture of cigarettes, tobacco sticks and other tobacco products (flue-cured tobacco).

The purpose of the inquiry is to determine whether the goods subject to the inquiry are being imported into Canada from all sources in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

The Tribunal's schedule of inquiry is attached. It specifies, among other things, the deadline for filing notices of participation, notices of representation, and declarations and confidentiality undertakings, the deadline for filing replies to Tribunal questionnaires, the date on which information on the administrative record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation, notices of representation, and declarations and undertakings, and the deadlines for the filing of submissions by parties.

The Tribunal will issue questionnaires to domestic producers, importers, foreign producers of flue-cured tobacco and others, requesting relevant statistical and other information for the years 2001 to 2005. Copies of these questionnaires will be available on the Tribunal's Web site by January 18, 2006, at www.citt-tcce.gc.ca/question/index_e.asp. Responses to the questionnaires will be required no later than February 14, 2006.

The Tribunal will issue a report on the inquiry no later than June 27, 2006.

Should the Tribunal make a determination of serious injury or threat thereof, the Government of Canada may apply import safeguard measures.

The Tribunal's proceedings will be in accordance with the Canadian International Trade Tribunal Rules.

Concurrent injury and remedy proceedings

The injury and remedy questions in this global safeguard inquiry are likely to require similar background information and many of the same witnesses. A concurrent approach is less burdensome on the parties and allows a more timely recommendation on remedy. Therefore, the Tribunal is of the opinion that concurrent proceedings within a single hearing are more appropriate than a two-stage, two-hearing process.

There will, however, be no consideration of remedy by the Tribunal unless there is a determination of injury or threat of injury and unless there is a referral of the remedy question by the Government to the Tribunal. This means that, under the concurrent proceedings, information and evidence on remedy will be gathered on a contingent basis. The Tribunal wishes to emphasize that, although contingent, the submissions on remedy should be complete and comprehensive, since the schedule does not provide for a later opportunity to make submissions on remedy in the event of a determination of injury or threat of injury by the Tribunal.

Participation

Each person or government wishing to participate in the Tribunal's inquiry as a party must file a notice of participation with the Secretary on or before January 24, 2006. Each counsel who intends to represent a party must file a notice of representation and, in order to have access to confidential information, a declaration and confidentiality undertaking with the Secretary on or before January 24, 2006. Forms for filing notices of participation, notices of representation, and declarations and undertakings can be found on the Tribunal's Web site at www.citt-tcce.gc.ca.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file their notices, whether they and their witnesses will be using French or English or both languages at the hearing. Requirements for interpretation in any other language should also be communicated to the Tribunal at that time.

Case briefs

Parties supporting a determination of injury or threat thereof shall file case briefs by noon on March 30, 2006. Parties requesting product exclusions shall file their requests by noon on April 4, 2006. Parties opposing a determination of injury or threat thereof shall file case briefs by noon on April 12, 2006. Parties supporting a determination of injury or threat thereof shall file reply case briefs by noon on April 20, 2006. In addition, those parties responding to requests for product exclusions shall file their responses by noon on April 20, 2006. Replies to responses to requests for product exclusions shall be filed by noon on April 25, 2006. All submissions to the Tribunal must be filed in paper and electronic formats. The onus is on the parties to ensure that the two versions are identical.

Parties shall also file their submissions on remedy concurrently with those on injury, as set out in the above paragraphs. Information relating to remedy shall be clearly separated from that on injury and be presented in distinct sections of the case briefs.

The Tribunal requests that case briefs include three separate parts, each with a table of contents: (A) Written Submissions; (B) Witness Statements; and (C) Supporting Evidence. Written submissions shall be printed or typewritten on white paper measuring 21.5 cm by 28 cm (8 1/2 in. by 11 in.), in a type not smaller than 11 points.

(A) Written Submissions

Written submissions should include consideration of

• the matters referred to in subsections 27(1) and (2) of the CITT Act and the factors referred to in section 5 of the Canadian International Trade Tribunal Regulations (see appendix for certain key excerpts);
• the global trade situation, including production, capacity, trade-restrictive actions taken or considered by other countries, and the risk of trade diversion; and
• any factors other than imports that have caused or threaten to cause serious injury to domestic producers of like or directly competitive goods in Canada.

Written submissions on remedy should include the information requested in the "Remedy Submission Guidelines" section below.

(B) Witness Statements

Parties that intend to present witnesses must file, for each witness, a witness statement that conveys the essential elements of the testimony.

(C) Supporting Evidence

Evidence supporting a party's written submissions and/or witness statements relating to injury or remedy may include, for example, internal and public information, such as statistical data, market analyses, and industry-related publications and reports. In its written submissions, a party should make clear reference to relevant excerpts of the documents that are included as part of its supporting evidence.

Hearing

Starting on May 1, 2006, a public hearing will be held in the Tribunal's hearing room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario.

In advance of the hearing, the Tribunal will provide detailed information to parties on the procedures that it will apply.

Confidentiality

Under section 46 of the CITT Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time that the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Remedy submission guidelines

The Tribunal notes that, if the Government directs it to make recommendations on remedy, this will be done through an Order in Council that will set out the parameters for the recommendations. Accordingly, the guidelines that follow are subject to any such future direction that the Tribunal may receive from the Government through Order in Council.

The types of measures generally considered to remedy any injury or threat of injury found in a global safeguard inquiry include surtaxes, quotas or tariff-rate quotas (some combination of surtaxes and quotas). The possible levels of surtaxes or quotas that may potentially address the injury or threat of injury may fall within a relatively wide range. Selecting the most appropriate level is a difficult task that involves numerous considerations, including balancing opposing economic interests. Parties should endeavour to propose a remedy that is practical, reasonable and equitable having regard to all relevant factors and considerations.

Without restricting the generality of the foregoing, in their submissions on remedy, parties are asked to provide at least one approach and associated methodology for addressing any injury or threat of injury that the Tribunal may determine with respect to flue-cured tobacco. Parties should explicitly state any assumptions on which the proposed approach and methodology are based and provide all relevant analyses that explain the logic and rationale for the approach and methodology proposed. For example, if the approach and methodology are designed to restore market prices or import volumes to those of some prior period, the premise should be clearly stated as well as the logic underlying it.

If the proposal involves a surtax, the methodology should reflect the Canadian practice of applying such surtaxes on the export value at the foreign port of shipment to Canada. For this reason, a breakdown of the cost of importing (e.g. estimated freight costs, brokerage fees, insurance, general selling and administration costs, custom duties and anti-dumping duties, if applicable) is required. The information provided should clearly show how such a surtax would affect the cost of the goods landed in Canada and the prices and volumes of sales of the imported goods and of the domestically produced flue-cured tobacco.

If the proposal involves a quota, the methodology should explain how quota levels are to be determined and allocated. The proposal might address, among other things, whether quotas should be fixed on the basis of average import volumes over some recent representative period or whether they should be allocated on some other basis. If the proposed quota levels involve forecasts about future growth in demand, the basis for these forecasts should be clearly documented. Proposals might also address issues of quota administration; for example, whether allocations should be done on a "first-come, first-served" basis and whether quotas should be allocated annually, quarterly or over some other period.

In addition to the foregoing considerations with respect to surtaxes and quotas, proposals dealing with tariff-rate quotas must clearly establish where and how to draw the line between in-quota and above-quota import volumes.

Given the wide range of possible remedies and the difficulty in establishing with precision how a particular remedy may affect prices, volumes and ultimately the industry's performance, the Tribunal would like parties to illustrate how, at a number of possible different levels of application, their proposed measures would work; for example, in the case of a surtax, how a 10% levy might affect prices, volumes and, hence, industry revenues and margins compared to a 20 or 30% levy; or, if quotas are proposed, how prices, volumes and industry performance would change at different quota levels. In closing arguments, after all the evidence has been submitted, the Tribunal may ask counsel to narrow the range of options or, indeed, provide the specific type and level of remedy that, in their view, would be appropriate to address injury or threat of injury, should the Tribunal make an affirmative determination.

Parties are also asked to provide submissions on

• the duration of the measure;
• whether and how the measure should be liberalized over time;
• the expected changes in global and Canadian market conditions that may affect prices for flue-cured tobacco during the period of the application of the chosen remedy;
• the anticipated effects of the remedy on the users and purchasers of flue-cured tobacco;
• any other matter that may be appropriate having regard to Canada's rights and obligations under international trade agreements.

In all cases, parties are expected to provide all relevant assumptions, calculations and supporting documentation.

Further information

This notice has been sent to interested governments and departments, and to producers, importers, exporters and certain purchasers of flue-cured tobacco with a known interest in the inquiry. The notice will also be published in the January 14, 2006 edition of the Canada Gazette, Part I.

A statement of reasons for the commencement of this inquiry, which contains additional information, is available on the Tribunal's Web site at www.citt-tcce.gc.ca/safeguar/global/decision/gs2f01a_e.asp.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Ms. Marie-France Dagenais, the research director for this inquiry, can be reached at (613) 990-2447. Mr. Pierre Gatto, the research officer, can be reached at (613) 998-8431.

Information on participation in these proceedings is available from the office of the Secretary. Written submissions, correspondence or 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 (fax), secretary@citt-tcce.gc.ca (email).

Written or oral communications to the Tribunal may be made in English or in French.

Ottawa, December 29, 2005

HÉLÈNE NADEAU 
Secretary 

APPENDIX

Subsections 27(1) and (2) of the CITT Act

27. (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a),

(a) in the case of a complaint filed under subsection 23(1), the goods that are the subject of the complaint are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

. . .

(2) For the purposes of subsection (1), "principal cause" means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat thereof.

Section 5 of the Canadian International Trade Tribunal Regulations

5. (1) For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 20(a) of the Act or an inquiry into a complaint referred to in paragraph 27(1)(a), (a.1), (a.2), (a.4), (a.5) or (b) of the Act, whether the goods that are the subject of the reference or complaint are being imported as set out in that paragraph, the Tribunal shall examine, among other factors,

(a) the actual volume of the goods imported into Canada;

(b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and

(c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada.

(2) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(a), whether there has been a significant increase in the importation into Canada of the goods and, where there has been, the rate and amount of such increase, either absolutely or relative to the production in Canada of like or directly competitive goods.

(3) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(b),

(a) whether the prices of the imported goods have significantly undercut the prices of like or directly competitive goods produced and sold in Canada; and

(b) whether the effect of the importation into Canada of the goods has been

(i) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

(ii) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada.

(4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all relevant economic factors that have a bearing on domestic producers of like or directly competitive goods, including the actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments.

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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 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, (819) 997-2429 (telephone), 994-0423 (TDD), (819) 994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, (902) 426-7997 (telephone), 426-6997 (TDD), (902) 426-2721 (fax);

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

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

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, (514) 283-6607 (telephone), 283-8316 (TDD), (514) 283-3689 (fax);

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

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (telephone), (306) 780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (telephone), (780) 495-3214 (fax).

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.

2006-1 January 5, 2006

Wild TV Inc.
Across Canada

Approved — Distribution of the national Category 2 specialty programming undertaking known as Wild TV in the high definition format.

2006-2 January 5, 2006

The Ontario Educational Communications Authority (TVOntario)
Toronto, Ontario

Approved — Deletion of the condition of licence requiring the licensee to devote not less than 65% of the broadcast day to the distribution of Canadian programs.

2006-3 January 6, 2006

Radio Gaspésie inc.
Gaspé, Quebec

Approved — Technical change for the radio programming undertaking CJRG-FM Gaspé, as noted in the decision.

2006-4 January 6, 2006

Newcap Inc.
Edmonton, Alberta

Approved — Technical change for the radio programming undertaking CIRK-FM Edmonton, as noted in the decision.

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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).