Government of Canada
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Vol. 142, No. 23 — June 7, 2008

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2008-004

The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals listed hereunder. These 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 613-998-9908 to obtain further information and to confirm that the hearings will be held as scheduled.

Excise Tax Act

106827 Ontario Inc. o/a Grace Motors v. Commissioner of the Canada Revenue Agency

Date of Hearing:

July 3, 2008

Appeal No.:

AP-2007-024

Dates of Entry:

September 14, 2004, to April 30, 2006

Issue:

Whether the $100 excise tax is exigible on used motor vehicles equipped with air conditioning units imported into Canada pursuant to subsection 23(1) of the Excise Tax Act and section 7 of Schedule I to the Excise Tax Act, as determined by the Commissioner of the Canada Revenue Agency.

Customs Act

DSM Nutritional Products Canada Inc. v. President of the Canada Border Services Agency

Dates of Hearing:

July 10 and 11, 2008

Appeal No.:

AP-2007-012

Goods in Issue:

Vitamin B12 1% feed grade

Dates of Entry:

March 19, 2004, to August 17, 2006

Issue:

Whether the goods in issue should be classified as other preparations of a kind used in animal feeding under tariff item No. 2309.90.99, as determined by the President of the Canada Border Services Agency, or as other medicaments consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms of packings for retail sale, under tariff item No. 3003.90.00 or, in the alternative, as pharmaceutical ingredients, specifically, salts, esters or hydrates of Cyanocobalamin under tariff item No. 9913.00.00, as claimed by DSM Nutritional Products Canada Inc.

Tariff Items at Issue:

DSM Nutritional Products Canada Inc.—3003.90.00 or 9913.00.00 President of the Canada Border Services Agency—2309.90.99

May 29, 2008

By order of the Tribunal
HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

EDP hardware and software

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2007-088) on May 26, 2008, with respect to a complaint filed by NETGEAR, Inc. (Netgear), of Santa Clara, California, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. EN869-060292/M [RVD171]) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation was for networking equipment.

Netgear alleged that PWGSC improperly conducted the above-noted solicitation.

Having examined the evidence presented by the parties and considered the provisions of the North American Free Trade Agreement, the Tribunal determined that the complaint was not valid.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, May 29, 2008

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 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.

2008-112 May 28, 2008

Ultimate Indie Productions Inc.
Across Canada

Approved — Application for a broadcasting licence to operate a new Category 2 pay television programming undertaking, Everything Weddings.

2008-113 May 28, 2008

Ultimate Indie Productions Inc.
Across Canada

Approved — Application for a broadcasting licence to operate a new Category 2 pay television programming undertaking, Everything Expecting.

2008-114 May 28, 2008

Ultimate Indie Productions Inc.
Across Canada

Approved — Application for a broadcasting licence to operate a new Category 2 specialty programming undertaking, Grown Up Living.

2008-115 May 28, 2008

Ultimate Indie Productions Inc.
Across Canada

Approved — Application for a broadcasting licence to operate a new Category 2 specialty programming undertaking, Grown Up Living HD.

2008-116 May 30, 2008

Various applicants
Chilliwack, British Columbia

Approved — Application by Radio CJVR Ltd. for a broadcasting licence to operate a new FM radio station to serve Chilliwack.

Denied — Remaining applications for broadcasting licences for radio stations to serve Chilliwack.

2008-117 May 30, 2008

Canadian Broadcasting Corporation
Vancouver, Gabriola Island, Victoria and Nanaimo, British Columbia

Various applicants
Vancouver and Port Moody, British Columbia

Approved in part — Application by the Canadian Broadcasting Corporation (CBC) to operate a new FM station in Vancouver.

Denied — Request by CBC to operate an FM transmitter on Gabriola Island, British Columbia.

Denied — Application by CBC to amend the broadcasting licence for CBCV-FM Victoria, in order to operate an FM transmitter in Nanaimo, British Columbia.

Approved — Application by Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership, for a broadcasting licence to operate a new commercial FM station in Vancouver.

Approved — Application by 6851916 Canada Inc. for a broadcasting licence to operate a new commercial FM station in Vancouver, as well as the application by Matthew Gordon McBride, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a new commercial FM station in Port Moody.

Denied — Remaining applications for broadcasting licences for commercial radio stations to serve Vancouver.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2008-47

The Commission announces that it has received licence renewal applications for commercial and community radio programming undertakings whose licences are due to expire on August 31, 2008.

Deadline for submission of interventions and/or comments: July 2, 2008.

May 27, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2008-48

Notice of consultation

Applications received
Various locations
Deadline for submission of interventions and/or comments:
July 2, 2008

The Commission has received the following applications:

1. Cogeco Cable Inc., on behalf of Cogeco Cable Canada Inc. and Cogeco Cable Quebec Inc.
Various locations in Ontario and Quebec

For relief from the requirement of section 7 of the Broadcasting Distribution Regulations as it pertains to the passing through of video description for services distributed on an analog basis for each of the regional licences for its cable broadcasting distribution undertakings serving various locations in Ontario (Classes 1 and 3) and Quebec (Classes 1, 2 and 3), respectively, as detailed in the application.

2. The Ontario Educational Communications Authority
Province of Ontario

To renew the English-language educational television service TVO (CICA-TV Toronto and its transmitters), expiring August 31, 2008.

3. Knowledge Network Corporation
Burnaby, British Columbia

To renew the licence for the satellite to cable programming undertaking known as the Knowledge Network, expiring August 31, 2008.

May 28, 2008

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2008-49

The Commission announces that it has received licence renewal applications for commercial radio programming undertakings whose licences are due to expire on August 31, 2008.

Deadline for submission of interventions and/or comments: July 2, 2008.

May 28, 2008

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