Government of Canada
Symbol of the Government of Canada


Vol. 142, No. 34 — August 23, 2008

COMMISSIONS

CANADA 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 under subsection 149.1(2) of the Income Tax Act and that the revocation of the registration is effective on the date of publication of this notice.”

Business Number

Name/Address

877575415RR0001

THE MEGA CHURCH INTERNATIONAL, TORONTO, ONT.

TERRY DE MARCH
Director General
Charities Directorate

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CANADA REVENUE AGENCY

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

119288918RR0663

FULTON HEIGHTS CONGREGATION OF JEHOVAH’S WITNESSES, ESTEY’S BRIDGE, N.B.

131503781RR0001

FABRIQUE DE LA PAROISSE ST-PHILIPPE, DRUMMONDVILLE (QC)

889150462RR0001

PAROISSE NOTRE-DAME DE GRÂCE, CHICOUTIMI (QC)

TERRY DE MARCH
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Thermoelectric containers

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on August 13, 2008, from the Director General of the Trade Programs Directorate at the Canada Border Services Agency, stating that a preliminary determination had been made respecting the dumping and subsidizing of thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in or exported from the People’s Republic of China.

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2008-002) 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.

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.

Request for submissions on classes of goods

In its statement of reasons for the preliminary injury inquiry issued July 29, 2008, 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 issue of whether there was more than one class of goods would need to be fully addressed in the context of a final injury inquiry. 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 submissions on classes of goods, the parties are asked to present facts and arguments on whether the following constitute separate classes of goods:

  • thermoelectric containers used for travel, whether sold to consumers or to commercial users;
  • thermoelectric containers exclusively for home use, i.e. excluding those that can also be used for travel;
  • thermoelectric containers used for retail display; and
  • thermoelectric containers used as wine display/wine coolers.

Parties are also asked to address factors that the Tribunal should examine in considering the question of classes of goods, including

  • the physical characteristics of the goods;
  • the market characteristics of the goods (such as substitutability, pricing and distribution channels);
  • whether the goods fulfil the same customer needs; and
  • any other relevant factors.

Furthermore, the Tribunal requests that parties support their submissions with evidence, such as letters from customers who use different types of thermoelectric containers, price lists, documents describing the physical characteristics of the goods and documents indicating the different end uses for thermoelectric containers.

Parties filing submissions on classes of goods are required to file 20 copies of their submissions with the Tribunal no later than noon, on August 28, 2008. The Tribunal will distribute copies to all parties. Parties wishing to respond to those submissions are required to file 20 copies of their reply submissions with the Tribunal no later than noon, on September 5, 2008. The Tribunal will distribute copies of the reply submissions to all parties for their information.

Public hearing

A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing November 12, 2008, at 9:30 a.m.

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 August 26, 2008. 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 August 26, 2008.

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 or English or both languages at the hearing.

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 completely separate 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 simply notify the Tribunal by August 26, 2008. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.

The Canadian International Trade Tribunal Rules govern these proceedings.

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

Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producer, importers, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter 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 all the questionnaires issued can be downloaded from the Tribunal’s Web site at www.citt-tcce.gc.ca/question/index_e.asp.

The Tribunal’s Guide to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site, describes the procedure for filing requests for specific product exclusions. The Guide includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided that all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the finding shall be filed by interested parties no later than noon, on October 14, 2008. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon, on October 22, 2008. Should the request for a specific product exclusion be opposed, and if the interested party wishes to reply, it must do so no later than noon, on October 29, 2008.

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 (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, August 14, 2008

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF FINDINGS

Wood slats

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 findings made on June 18, 2004, in Inquiry No. NQ-2003-003, concerning wood slats originating in or exported from Mexico and the People’s Republic of China, are scheduled to expire (Expiry No. LE-2008-001) on June 17, 2009. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping 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.

Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Secretary on or before September 2, 2008. Each counsel who intends to represent a party in these proceedings must also file a notice of representation with the Secretary on or before September 2, 2008. Qualified counsel who wish to have access to any confidential documents filed in these proceedings must file their notices of representation, declarations and undertakings, as well as the notices of participation signed by the parties that they represent, by the same date.

Parties requesting or opposing the initiation of an expiry review of the said findings shall file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than September 5, 2008. Parties should endeavour to base their submissions 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 shall include evidence, e.g. documents and sources that support the factual statements in the submissions, and argument concerning 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 industry’s recent performance (data for the past three years and for the most recent interim period), including supporting data and statistics showing trends in production, sales, market share, domestic prices, costs and profits;
  • the likelihood of injury to the domestic industry if the findings 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 industry;
  • 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
  • any other matter that is relevant.

Where there are opposing views, each party 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 parties. In these circumstances, the Tribunal will distribute copies of the public submissions to each party that filed a submission with the Tribunal. Confidential submissions will be distributed by the Tribunal only to those counsels who have filed undertakings. Parties wishing to respond to the submissions must do so not later than September 15, 2008.

An expiry review at the request of any firm, organization, person or government will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

The Tribunal will issue a decision on October 1, 2008, on whether an expiry review is warranted. If the Tribunal decides that a review is not warranted, the findings will expire on their scheduled 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.

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

Documents may be filed 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, paper copies must still be filed in the required 20 copies. When a paper copy and an electronic version of the same document are filed with the Tribunal, both must be identical. In case of discrepancies, the paper copy will be considered the original.

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

Ottawa, August 12, 2008

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, administrative and management support services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2008-023) from the joint venture of BMT Fleet Technology Limited and NOTRA Inc. (BMT-NOTRA), of Ottawa, Ontario, concerning a procurement (Solicitation No. W8486-08JB14/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation is for technical engineering and maintenance 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 has decided to conduct an inquiry into the complaint.

BMT-NOTRA alleges that PWGSC improperly awarded the contract to a competitor whose proposal did not meet one of the mandatory criteria.

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, August 15, 2008

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

Woven polyester fabric

Notice is hereby given that, on August 13, 2008, the Canadian International Trade Tribunal submitted to the Minister of Finance, pursuant to section 19 of the Canadian International Trade Tribunal Act, a report, with a recommendation for tariff relief in respect of a request filed by Peerless Clothing Inc. regarding woven polyester fabric (Request No. TR-2007-006).

August 13, 2008

By order of the Tribunal
SUSANNE GRIMES
Acting 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.

2008-151-1 August 12, 2008 

Radio communautaire du Saguenay inc.
Saguenay, Quebec

CKAJ-FM Saguenay — Clarification relating to the solicitation of local advertising.

2008-167 August 12, 2008 

Conestoga College Communications Corporation
Kitchener/Paris, Ontario

Renewed — Broadcasting licence for the instructional campus radio programming undertaking CJIQ-FM Kitchener/Paris from September 1, 2008, to August 31, 2015.

2008-168 August 12, 2008 

Radio CFXU Club
Antigonish, Nova Scotia

Approved — Amendment to the broadcasting licence for the English-language, low-power community-based campus FM radio programming undertaking CFXU-FM Antigonish in order to change the frequency from 92.5 MHz (channel 223LP) to 93.3 MHz (channel 227LP).

2008-169 August 13, 2008

eScapes Television Corporation
Across Canada

Approved — Broadcasting licence to operate a new Category 2 specialty programming undertaking, eScapes.

2008-170 August 13, 2008 

1058204 Alberta Ltd.
Across Canada

Approved — Broadcasting licence to operate a new Category 2 pay television programming undertaking, Northern Peaks.

2008-171 August 13, 2008 

Rogers Broadcasting Limited
Across Canada

Approved — Broadcasting licence to operate a new Category 2 specialty programming undertaking, Baseball TV.

2008-172 August 13, 2008 

Ag-Com Productions Ltd.
Across Canada

Approved — Broadcasting licence to operate a new Category 2 specialty programming undertaking, The Rural Channel.

2008-173 August 13, 2008 

Coopérative de travail de la radio de Granby
Granby, Quebec

Approved — Amendment to the authorized contours of the French-language commercial FM radio programming undertaking CFXM-FM Granby.

2008-174 August 13, 2008 

Rogers Broadcasting Limited
Timmins, Ontario

Renewed — Broadcasting licence for the English-language commercial FM radio programming undertaking CJQQ-FM Timmins from September 1, 2008, to August 31, 2015.

2008-175 August 14, 2008 

Bruce Telecom
Tiverton, Paisley, Port Elgin, Kincardine and Southampton, Ontario

Approved — Broadcasting licence to operate a regional video-on-demand service largely composed of feature films.

2008-176 August 14, 2008 

Wightman Telecom Ltd.
Clifford, Teeswater, Mildmay, Neustadt, Gorrie and Ayton, Ontario

Approved — Broadcasting licence to operate a regional video-on-demand service and distribution of programming that contains commercial messages where those messages are already included in a program previously aired by a Canadian programming undertaking.

2008-177 August 14, 2008 

Telelatino Network Inc.
Across Canada

Approved — Broadcasting licence to operate a new ethnic Category 2 specialty programming undertaking, Pan Desi Life TV.

2008-178 August 14, 2008 

Telelatino Network Inc.
Across Canada

Denied — Broadcasting licence to operate a new ethnic Category 2 specialty programming undertaking, Eurolatino Television.

2008-179 August 14, 2008 

Telelatino Network Inc.
Across Canada

Denied — Broadcasting licence to operate a new ethnic Category 2 specialty programming undertaking, Italian Television.

2008-180 August 14, 2008 

Telelatino Network Inc.
Across Canada

Denied — Broadcasting licence to operate a new ethnic Category 2 specialty programming undertaking, Spanish Television.

2008-181 August 14, 2008 

2953285 Canada Inc.
Across Canada

Approved — Amendment to the broadcasting licence for a national, English-language specialty television programming undertaking known as The Discovery Channel to allow the service to be made available for distribution in high definition format.

2008-182 August 14, 2008 

Radio programming undertakings
Various locations in the province of Quebec

Renewed — Broadcasting licences for the French-language, commercial FM radio programming undertakings listed in the decision, from September 1, 2008, to August 31, 2015.

2008-183 August 14, 2008 

Radio Communautaire FM de la Haute-Gatineau inc.
Maniwaki, Quebec

Renewed — Broadcasting licence for the Type B French-language community radio programming undertaking CHGA-FM Maniwaki.

2008-184 August 14, 2008 

Les médias acadiens universitaires inc.
Moncton, New Brunswick

Renewed — Broadcasting licence for the community-based campus radio programming undertaking CKUM-FM Moncton.

2008-185 August 15, 2008 

RDL Média inc.
Across Canada

Approved — Broadcasting licence to operate a new, national French-language Category 2 specialty programming undertaking to be known as Radical Télé.

2008-186 August 15, 2008 

Serdy inc., on behalf of a corporation to be incorporated
Across Canada

Approved — Broadcasting licence to operate a new, national French-language Category 2 specialty programming undertaking to be known as Cuisine.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2008-71

Notice of consultation

Applications received
Various locations
Deadline for submission of interventions and/or comments: September 18, 2008

The Commission has received the following applications:

1. Teletoon Canada Inc.
Across Canada

To amend the licence of the national specialty programming undertaking known as Teletoon.

2. TVA Group Inc.
Across Canada

To amend the licence of its French-language specialty television service LCN.

3. 9174-8004 Québec inc.
Sainte-Marie de Beauce, Quebec

To amend the licence of the French-language commercial radio station CHEQ-FM Sainte-Marie de Beauce.

4. AdrenalineHD Inc.
Toronto, Ontario

To amend the licence of the national Category 2 specialty programming undertaking known as Rush HD.

5. Artefact HD Inc.
Toronto, Ontario

To amend the licence of the national Category 2 specialty programming undertaking known as Treasure HD.

6. OasisHD Inc.
Toronto, Ontario

To amend the licence of the national Category 2 specialty programming undertaking known as Oasis HD.

7. 101056012 Saskatchewan Ltd.
Yorkton, Saskatchewan

To amend the licence of the English-language specialty radio station CJJC-FM Yorkton.

8. CTV Limited
Vancouver, British Columbia

To amend the licence of the radio programming undertaking CFUN-AM Vancouver.

August 14, 2008

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NAFTA SECRETARIAT

COMPLETION OF PANEL REVIEW

Pure magnesium and alloy magnesium from Canada

Notice is hereby given, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, that the binational panel review of the final results of the Countervailing Duty Administrative Review made by the United States Department of Commerce, International Trade Administration, respecting Pure Magnesium and Alloy Magnesium from Canada is completed (Secretariat File No. USA-CDA-2004-1904-01).

On July 9, 2008, the binational panel granted the motion to dismiss this proceeding and directed the Secretary to issue a Notice of Final Panel Action.

No Request for an Extraordinary Challenge Committee has been filed with the responsible Secretary. Therefore, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, this Notice of Completion of Panel Review is effective on August 11, 2008, the 31st day following the date on which the responsible Secretary issued the Notice of Final Panel Action.

Explanatory note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, 613-992-9388.

DANIEL PLOURDE
Canadian Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

FPL Energy Power Marketing, Inc.

By an application dated August 14, 2008, FPL Energy Power Marketing, Inc. (“the Applicant”) has applied to the National Energy Board (“the Board”), under Division II of Part VI of the National Energy Board Act (the “Act”), for authorization to export up to 2 500 MW of firm power per year and up to 21 960 GWh per year of firm energy and combined with up to 21 960 GWh per year of interruptible energy for a period of ten years.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The directions on procedure that follow explain in detail the procedure that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at FPL Energy Power Marketing, Inc., 1000 Louisiana Street, Suite 6900, Houston, Texas, 77002, 713-374-1580 (telephone), 713-751-0421 (fax), Marty_Rogers@fpl. com (email), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary of the Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by September 22, 2008.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board 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;

(b) the impact of the exportation on the environment; and

(c) 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 purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of 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 Board and served on the party that filed the submission by October 7, 2008.

5. Any reply that submitters wish to present in response to item 4 of this notice of application and directions on procedure shall be filed with the Secretary of the Board and served on the Applicant by October 17, 2008.

For further information on the procedures governing the Board’s examination, contact Claudine Dutil-Berry, Secretary, at 403-299-2714 (telephone) or at 403-292-5503 (fax).

CLAUDINE DUTIL-BERRY
Secretary

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NOTICE:
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