Vol. 140, No. 44 — November 4, 2006
SPECIAL IMPORT MEASURES ACT
Certain copper pipe fittings — Decision
On October 20, 2006, the President of the Canada Border Services Agency (CBSA) made a preliminary determination of dumping pursuant to subsection 38(1) of the Special Import Measures Act (SIMA) with respect to certain solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper, for use in heating, plumbing, air conditioning and refrigeration applications (certain copper pipe fittings) originating in or exported from the United States of America, the Republic of Korea and the People's Republic of China and made a preliminary determination of subsidizing pursuant to subsection 38(1) of SIMA with respect to certain copper pipe fittings originating in or exported from the People's Republic of China, restricted to the products enumerated in the appendix contained in the Canada Gazette notice dated June 24, 2006, in which the initiation of the investigation was announced.
The goods in question are commonly classified under the following Harmonized System classification numbers:
7412.10.00.11
7412.10.00.19
7412.10.00.20
7412.20.00.11
7412.20.00.12
7412.20.00.19
7412.20.00.20
The Canadian International Trade Tribunal (the Tribunal) will conduct a full inquiry into the question of injury to the domestic producers of certain copper pipe fittings, and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determination of dumping.
Pursuant to section 8 of SIMA, provisional duty is payable on the dumped and subsidized copper pipe fittings that are released from customs during the period commencing October 20, 2006, and ending on the earlier of the day the investigation is terminated, the day on which the Tribunal makes an order or finding, or the day an undertaking is accepted. The amount of provisional duty payable is not greater than the estimated margin of dumping. The Customs Act applies with respect to the accounting and payment of provisional duty. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.
Information
The statement of reasons regarding this decision will be issued within 15 days and will also be available on the CBSA's Web site at www.cbsa.gc.ca/sima/ or by contacting either Peter Dupuis at 613-954-7341 or Wayne Lee by telephone at 613-954-0041 or by fax at 613-948-4844.
Ottawa, October 20, 2006
DARWIN SATHERSTROM
Acting Director General
Trade Programs Directorate
[44-1-o]
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) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that by virtue of paragraph 168(2)(b) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."
| Business Number | Name/Address |
|---|---|
| 867747883RR0001 | THE WAUBUNO WILDLIFE TRUST, TORONTO, ONT. |
ELIZABETH TROMP
Director General
Charities Directorate
[44-1-o]
INCOME TAX ACT
Revocation of registration of charities
The registered charities listed below have consolidated or merged with other organizations and have requested that their registration be revoked. Therefore, the following notice of intention to revoke has been sent to them and is now being published according to the requirements of the Income Tax Act:
"Notice is hereby given, pursuant to paragraph 168(1)(a) of the Income Tax Act, that I propose to revoke the registration of the charities listed below and that by virtue of paragraph 168(2)(a) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."
| Business Number | Name/Address |
|---|---|
| 107956443RR0001 | BOARD OF EDUCATION OF THE SASKATCHEWAN VALLEY SCHOOL DIVISION NO. 49 OF SASKATCHEWAN, WARMAN, SASK. |
| 107957359RR0001 | BOARD OF EDUCATION OF THE SASKATOON (WEST) SCHOOL DIVISION NO. 42 OF SASKATCHEWAN, WARMAN, SASK. |
| 118847326RR0001 | CENTRE HOSPITALIER DE GRANBY, GRANBY (QUÉ.) |
| 119140846RR0001 | SASKATOON (EAST) SCHOOL DIVISION NO. 41 OF SASKATCHEWAN, SASKATOON, SASK. |
| 119288918RR0945 | CIRCONSCRIPTION DES TÉMOINS DE JÉHOVAH DU QUÉBEC NO. 2B, CORNWALL (ONT.) |
| 859437030RR0001 | ASPEN GROVE SCHOOL DIVISION NO. 144 OF SASKATCHEWAN, GRENFELL, SASK. |
| 893668046RR0001 | BAIE VERTE PENINSULA HEALTH CENTRE RESIDENTIAL FUNDRAISING FUND COMMITTEE, BAIE VERTE, N.L. |
ELIZABETH TROMP
Director General
Charities Directorate
[44-1-o]
APPEAL
Notice No. HA-2006-010
The Canadian International Trade Tribunal will hold a public hearing to consider the appeal listed hereunder. The hearing 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 hearing will be held as scheduled.
Customs Act
Appellant v. Respondent (President of the Canada Border Services Agency)
December 2006
| Date | Appeal Number |
Appellant |
|---|---|---|
| 8 | AP-2006-011 | Ingersoll Rand Canada |
| Goods in Issue: | Variable Reach Fork Lift Truck | |
| At issue: | Appeal of an advance ruling dated March 2, 2006 | |
| Tariff Items at Issue | ||
| Appellant: | 8427.20.99.30 | |
| Respondent: | 8427.20.11.00 | |
October 27, 2006
By order of the Tribunal
SUSANNE GRIMES
Acting Secretary
[44-1-o]
COMMENCEMENT OF INQUIRY
Copper pipe fittings
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on October 20, 2006, from the Acting Director General of the Trade Programs Directorate at the Canada Border Services Agency, stating that a preliminary determination had been made respecting the dumping of solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper, for use in heating, plumbing, air conditioning and refrigeration applications (copper pipe fittings), originating in or exported from the United States of America, the Republic of Korea and the People's Republic of China and the subsidizing of copper pipe fittings originating in or exported from the People's Republic of China, restricted to the products enumerated in the Appendix available on the Tribunal's Web site at www.citt-tcce.gc.ca/dumping/inquirie/notices/nq2g002_e.asp.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2006-002) to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.
The Canadian International Trade Tribunal Rules govern these proceedings.
Participation
Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before November 7, 2006. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before November 7, 2006.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party and each counsel filing a notice of participation or representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using French, English or both languages at the hearing.
Public hearing
A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing January 15, 2007, at 9:30 a.m.
Requests for public interest inquiry
In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is conducted independently from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of an injury finding to notify the Tribunal by November 7, 2006. The Tribunal does not seek nor does it expect submissions on public interest issues during the injury inquiry.
Request for submissions on classes of goods
In its statement of reasons for the preliminary determination of injury issued August 8, 2006, the Tribunal found, based on the evidence on the record at that time, that there was a single class of goods. However, the Tribunal also indicated that the arguments made in support of more than one class of goods merited further consideration. Before coming to a definitive decision on the issue of classes of goods, the Tribunal is inviting interested parties to file submissions on that issue.
In making their submissions on classes of goods, the parties are directed to present facts and arguments on the following issues:
Parties are also directed to address factors that the Tribunal should look at in considering the classes of goods issue, including
Furthermore, the Tribunal requests that parties support their submissions with evidence, such as letters from customers who use different types of copper pipe fittings (wrought v. cast, pressure v. DWV), price lists, documents describing the physical characteristics of the goods, documents indicating the different end uses for copper pipe fittings and documents indicating the type of copper pipe fittings to be used for each end-use application.
Parties filing submissions on classes of goods are invited to do so by noon on November 15, 2006. Parties replying to those submissions are requested to do so by noon on November 22, 2006. The Tribunal requests that parties simultaneously serve each other and the Tribunal. The Tribunal will provide parties with the service list.
Requests for product exclusions
In considering a request for the exclusion of a product from a possible finding, the Tribunal typically looks at whether the domestic industry produces, sells or can produce the product or a substitutable or competing product and whether such exclusion will cause injury to the domestic industry.
The Tribunal's Guide to Making Requests for Product Exclusions describes the procedure for filing requests for specific product exclusions. The guide, a form for filing requests for product exclusions and a form for filing responses to such requests can be found on the Tribunal's Web site at www.citt-tcce.gc.ca/forms/index_e.asp. Parties can also file submissions in a different format if they so wish, provided that all the information and supporting documentation requested in the forms are included.
Parties whose participation will be limited to filing a product exclusion request are not required to file a notice of participation, as the completed form will serve this purpose.
Interested parties shall file their requests for product exclusions no later than November 23, 2006. Parties shall provide a copy to the Tribunal and to counsel for the domestic producers simultaneously, at the following addresses:
The Secretary
Canadian International Trade
Tribunal
Standard Life Centre
15th Floor
333 Laurier Avenue W
Ottawa, Ontario
K1A 0G7
Ms. Victoria Bazan
Barrister and Solicitor
Counsel
for the
domestic producers
161 Medland Street
Toronto, Ontario
M6P 2N4
Replies to requests for product exclusions shall be filed, in writing, no later than December 6, 2006. Counsel for the domestic producers shall serve the Tribunal and the requester simultaneously.
Interested parties who have made a request for product exclusion and who wish to respond to an opposition must do so by December 13, 2006, serving the Tribunal and counsel for the domestic producers simultaneously, at the addresses provided above.
Parties who submit more than one request for a product exclusion must provide a covering letter to the Tribunal that includes a complete and clear list of all their requests and states that a copy has been served on counsel for the domestic producers.
The Tribunal intends to proceed by way of written submissions and does not anticipate hearing oral testimony on product exclusions unless, in its opinion, it is required.
Confidentiality
Under 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 submit to the Tribunal, at the time 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.
Any confidential documents must be clearly labelled "Confidential" on the top right corner of each page.
For more information on the treatment of confidential information, see the Guideline on the Designation, Protection, Use and Transmission of Confidential Information on the Tribunal's Web site at www.citt-tcce.gc.ca/publicat/index_e.asp.
Further information
Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, foreign producers and certain purchasers with a known interest in the inquiry, providing details on the procedures, as well as the inquiry schedule. The schedule specifies, among other things, the date for filing replies to Tribunal questionnaires, the date on which the information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested parties. Copies of the Instruction Guide for Completing Questionnaires and all questionnaires can be downloaded from the Tribunal's Web site at www.citt-tcce.gc.ca/question/index_e.asp.
The Tribunal and its staff may conduct plant visits to observe and understand production processes.
Written submissions and correspondence 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).
Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service. The service utilizes the Government of Canada's epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.
However, parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.
Written and oral communication with the Tribunal may be in English or in French.
Ottawa, October 23, 2006
SUSANNE GRIMES
Acting Secretary
[44-1-o]
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
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
2006-601 October 24, 2006
Native Communication Inc.
Thompson, Manitoba, and Kenora, Ontario
Approved — New transmitter at Kenora.
2006-602 October 24, 2006
Standard Radio Inc.
Montréal, Quebec
Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CHOM-FM Montréal, from January 1, 2007, to August 31, 2013.
2006-603 October 24, 2006
YTV Canada, Inc. and the Canadian Broadcasting Corporation (the general partners), and 3366341 Canada Inc., Barna-Alper Productions Inc., CineNova Productions Inc., the National Film Board of Canada and Omni Film Productions Ltd. (the limited partners), carrying on business as The Canadian Documentary Channel Limited Partnership
Across Canada
Complaint regarding the broadcast of Sex: The Annabel Chong Story by The Documentary Channel.
2006-604 October 25, 2006
Milestone Radio Inc.
Toronto, Ontario
Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CFXJ-FM Toronto, from January 1, 2007, to August 31, 2013.
2006-605 October 25, 2006
Aboriginal Christian Voice Network
Prince Rupert, British Columbia
Approved — Renewal of the broadcasting licence for the low-power, commercial specialty (Christian music) FM radio programming undertaking CIAJ-FM Prince Rupert, from January 1, 2007, to August 31, 2013.
2006-606 October 25, 2006
Natotawin Broadcasting Inc.
La Ronge and Yorkton, Saskatchewan
Approved — New transmitter at Yorkton.
2006-607 October 25, 2006
Videotron Ltd.
Montréal, Saguenay (Chicoutimi), Saint-Pascal, Saint-Félicien, Québec (Donnacona), Sherbrooke, Victoriaville and Trois-Rivières (Cap-de-la-Madeleine), Quebec
Approved — Distribution of CFMT-TV (OMNI.1) Toronto on a digital discretionary basis.
2006-608 October 25, 2006
Salt and Light Catholic Media Foundation
Across Canada
Approved — Increase of the amount of English-language programming and reduction of the amount of French- and third-language programming on the service.
2006-609 October 25, 2006
CF Cable TV Inc.
Montréal, Lachute, Sorel, Rivière-du-Loup, La Pocatière, Côte-de-Beaupré (Saint-Joachim-de-Montmorency), Île d'Orléans (Sainte-Pétronille), Coaticook, Lennoxville, Cowansville, East Angus, Waterloo, Ascot Corner (Fleurimont), and Granby, Quebec
Approved — Distribution of CFMT-TV (OMNI.1) Toronto on a digital discretionary basis.
2006-610 October 26, 2006
Bell ExpressVu Inc. (the general partner), and BCE Inc. and 4119649 Canada Inc. (partners in BCE Holdings G.P., a general partnership that is the limited partner), carrying on business as Bell ExpressVu Limited Partnership
Across Canada
Approved — Licence amendment to replace the condition of licence relating to the use of local availabilities in non-Canadian satellite services.
2006-611 October 27, 2006
The Kamloops Campus/Community Radio Society
Kamloops, British Columbia
Approved — Technical change of the radio programming undertaking CFBX-FM Kamloops.
2006-612 October 27, 2006
Radio communautaire du Saguenay inc.
Saguenay (zone Jonquière and zone La Baie), Quebec
Approved — FM transmitter at Saguenay (zone La Baie).
[44-1-o]
PUBLIC HEARING 2006-11-1
Further to its Broadcasting Notice of Public Hearing CRTC 2006-11 dated October 19, 2006, relating to a public hearing which will be held on December 18, 2006, at 9 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec, the Commission announces the following :
The following item is amended and the changes are in bold:
Correction to Item 8
Application by Hookup TV Networks Inc., for a licence to operate a national English-language Category 2 specialty programming undertaking to be known as Hook Up TV.
October 26, 2006
[44-1-o]
PUBLIC NOTICE 2006-137
The Commission has received the following application. The deadline for submission of interventions and/or comments is November 27, 2006.
1. Canadian Broadcasting Corporation
Iqaluit, Nunavut
To amend the licence of radio programming undertaking CBM-FM Montréal, Quebec.
October 23, 2006
[44-1-o]
PUBLIC NOTICE 2006-138
The Commission has received the following applications. The deadline for submission of interventions and/or comments is November 30, 2006.
1. Bell Aliant Regional Communications Inc., general partner, as well as limited partner with Bell Canada and 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications Limited Partnership
St. John's, Paradise and Mount Pearl, Newfoundland and Labrador
To amend its Class 1 regional broadcasting licence for its cable broadcasting distribution undertaking (BDU) serving the above-mentioned locations.
2. My Broadcasting Corporation
Strathroy, Ontario
To amend the licence of the new radio programming undertaking at Strathroy, Ontario, approved in English-language FM radio station in Strathroy, Broadcasting Decision CRTC 2006-571, October 3, 2006 (Decision 2006-571).
3. MTS Allstream Inc.
Winnipeg and surrounding areas, Manitoba
To amend the regional licences for its Manitoba-based, video-on-demand programming undertaking (VOD) and its Class 1 cable broadcasting distribution undertaking (BDU) serving Winnipeg and surrounding areas.
4. Saskatchewan Communications Network Corporation (SCN)
Regina, Saskatchewan
To renew the broadcasting licence for the non-commercial satellite to cable programming undertaking issued to SCN for the purpose of distributing educational programming, expiring February 28, 2007.
October 26, 2006
[44-1-o]
PUBLIC NOTICE 2006-139
The Commission has received the following applications. The deadline for submission of interventions and/or comments is December 1, 2006.
1. TQS inc.
Rimouski, Quebec
To amend the licence of the television programming undertaking CFJP-TV Montréal, Quebec.
2. Télévision MBS inc.
Rimouski, Quebec
To amend the licence of the television programming undertaking CFTF-TV Rivière-du-Loup, Quebec.
October 27, 2006
[44-1-o]
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Wayne Arseny, Customs Superintendent (PM-04), Operations, Canada Border Services Agency, Emerson, Manitoba, to allow him to be a candidate for the position of Mayor for the Emerson, Manitoba, municipal election to be held on October 25, 2006.
October 20, 2006
MARIA BARRADOS
President
[44-1-o]
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Dennis Gauthier, Firefighter (FR-01), Canadian Forces Base, National Defence, Petawawa, Ontario, to allow him to be a candidate for the position of Councillor for the Township of Laurentian Valley, Ontario, municipal election to be held in November 2006.
October 6, 2006
MARIA BARRADOS
President
[44-1-o]
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Dave Pelletier, Customer Service Representative (CR-04), Canadian Forces Housing Agency, National Defence, Moose Jaw-Bushell Park, Saskatchewan, to allow him to be a candidate for the position of Councillor for the City of Moose Jaw, Saskatchewan, municipal election to be held in October 2006.
October 6, 2006
MARIA BARRADOS
President
[44-1-o]
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).