COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of charities

The following notice of intention to revoke was sent to the charities listed below because they have not met the filing requirements of the Income Tax Act:

“Notice is hereby given, pursuant to paragraph 168(1)(c) 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)(b) thereof, the revocation of the registration is effective on the date of publication of this notice.”

TERRY DE MARCH
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DECISION

Appeal No. AP-2007-017

Notice is hereby given that the Canadian International Trade Tribunal made a decision on February 11, 2009, with respect to an appeal filed by North American Tea & Coffee Inc. from a decision of the President of the Canada Border Services Agency dated July 23, 2007, with respect to a request for review of an advance ruling under subsection 60(4) of the Customs Act.

The appeal, heard on October 17, 2008, under subsection 67(1) of the Customs Act, was dismissed.

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, February 12, 2009

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

NOTICE OF CONSULTATION 2009-2-2

Notice of hearing

March 31, 2009
Gatineau, Quebec
Addition of an application

The deadline for submission of interventions and/or comments, for this application only, is March 6, 2009.

Further to Broadcasting Notices of Consultation 2009-2 and 2009-2-1, the Commission will also consider the following application:

Preamble for item 11

This application will be considered in the non-appearing phase of the hearing, subject to any interventions which might render it an appearing item.

Across Canada
Application No. 2007-1751-4

Application by Pelmorex Communications Inc. for the mandatory distribution on digital basic, pursuant to paragraph 9(1)(h) of the Broadcasting Act, of the national specialty programming undertakings known as The Weather Network and MétéoMédia.

If the application is approved, the applicant commits to enabling the broadcast of emergency alerts by acting as a national public alerting aggregator and backbone network distributor. It states that without a mandatory distribution order, it will not have the financial stability required to perform these functions.

Emergency alerting

The applicant proposes to provide a 24/7 alerting operations centre that would aggregate and authenticate alerts from all three levels of government and make them available on a voluntary basis to broadcasters, distributors and media outlets using non proprietary technology. The applicant states that the proposed system would use standards and protocols proposed by Canadian public authorities and would be available at no additional fee beyond its current wholesale rate of $0.23.

In Emergency Alert Services, Broadcasting Public Notice CRTC 2007-20, dated February 28, 2007, the Commission removed the regulatory obstacles to the provision of emergency alerts to Canadians, noting that the concerned parties had expressed their willingness to participate voluntarily in the establishment of a national emergency alert system. The Commission stated that if in two years time it became apparent that a voluntary approach is not adequate, it might consider additional measures to ensure that Canadians receive timely warnings of imminent perils.

Because of the above-noted commitment to the safety of Canadians and the continued absence of a national emergency alert system two years later, the Commission now proposes to examine Pelmorex’s application for mandatory carriage as part of the digital basic service. The Commission may consider granting mandatory carriage for a limited period of time to ensure alerts remain available to distributors on a voluntary basis until Public Safety Canada’s National Public Alerting System can be implemented.

Report from Public Safety Canada

The Commission has received a report from Public Safety Canada detailing its plans and efforts to develop and implement a National Public Alerting System. This report, dated January 2009, represents the views of Public Safety Canada and various industry participants listed in the report and does not dictate the outcome of this hearing. It has also been placed on the public record of this proceeding, and parties are invited to refer to it in preparing their submissions.

Mandatory distribution under paragraph 9(1)(h)

The applicant requests that the Commission issue a distribution order under paragraph 9(1)(h) of the Broadcasting Act requiring all Class 1 terrestrial broadcasting distribution undertakings (BDUs) and direct-to-home satellite undertakings operating in anglophone markets to distribute The Weather Network on digital basic and all such undertakings operating in francophone markets to distribute MétéoMédia on digital basic.

The applicant states that it offers both of its services to minority language communities (English and French) in Canada at no additional charge to the BDU when carried on basic.

The applicant states that without such a distribution order, its funding will cease to be stable and the weather, environmental and road safety information programming it currently provides to every Canadian community will be jeopardized.

The Commission notes that some matters are still outstanding and that additional comments may be added to the public file.

February 12, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-36-2

Notice of hearing

March 30, 2009
Gatineau, Quebec
Item 35 is withdrawn

Further to its Broadcasting Notices of Consultation 2009-36 and 2009-36-1, the Commission announces the following:

The following item is withdrawn from this public hearing and will be rescheduled at a later date.

Item 35
Winnipeg Beach and Arborg, Manitoba
Application No. 2008-1541-7

Application by 5777152 Manitoba Ltd. for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Winnipeg Beach with an FM transmitter located in Arborg.

February 12, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-59

Notice of application received

Across Canada

Deadline for submission of interventions and/or comments: March 2, 2009

1. Bell ExpressVu Inc. (the general partner), and BCE Inc. and Bell Canada (partners in BCE Holdings G.P., a general partnership that is the limited partner), carrying on business as Bell ExpressVu Limited Partnership (ExpressVu)
Across Canada

 To extend a condition of licence of its direct-to-home (DTH) satellite distribution undertaking.

February 10, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-68

Notice of applications received

Across Canada
Deadline for submission of interventions and/or comments: March 19, 2009

The Commission has received the following applications:

1. TVA Group Inc.
Across Canada

To amend the licence of its French-language category 1 national specialty programming undertaking known as Mystère (previously known as 13^e rue).

2. TVA Group Inc.
Across Canada

To amend the licence of its French-language category 1 national specialty programming undertaking known as Argent (previously known as LCN Affaires).

3. TVA Group Inc.
Across Canada

To amend the licence of its French-language category 2 national specialty programming undertaking known as Les idées de ma maison (previously known as Téléservice).

February 12, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-70

Scope of licence renewal hearings for private conventional television stations

Deadline for submission of information by licensees: February 23, 2009

The notice of consultation is pursuant to the Commission’s news release issued on January 30, 2009, in which it announced that it would review the scope of the licence renewal public hearings for private conventional television stations in order to determine how it can be significantly narrowed or reduced. In that news release, the Commission stated that this review would be conducted in light of concerns raised by conventional broadcasters relating to the challenges of the broadcasting environment and the current economic climate.

After examining the licence renewal applications submitted by the conventional television broadcasters, the Commission considers that it would be extremely difficult to determine appropriate regulatory obligations for a full seven-year licence term, for the following reasons:

• the current economic uncertainty facing the broadcasting industry;
• the need for completion of distant signal negotiations between conventional broadcasters and broadcasting distributors;
• the need, prior to the consideration of full-term licences, to carry out stakeholder consultations and public hearings in order to set the terms for the administration of the Local Programming Improvement Fund (LPIF) for conventional broadcasters, including eligibility to access the fund and the method for calculating incremental spending on local programming; and
• the need, prior to the consideration of full-term licences, to conduct stakeholder consultations and public hearings to consider the industry plans for the conversion of the conventional television sector to digital transmission.

Furthermore, the Commission is of the view that, given the increased consolidation of conventional and discretionary television holdings by the major broadcasters, assessing licence renewal applications by ownership group rather than on a sectoral basis would be more effective in furthering the objectives of the Broadcasting Act. Such group-based renewal applications will be heard at a public hearing to be scheduled for April 2010.

During the summer of 2009, the Commission intends to issue a notice of consultation in which it will call for comments on how to structure and conduct such group-based renewals, taking into account systemic changes in the broadcasting industry, including those relating to the horizontal and vertical integration that has taken place throughout a number of its sectors, and the transition to digital technology. The aim is to establish an overall regulatory framework that provides all broadcast groups with the flexibility to adapt to the rapidly changing communications environment, while ensuring that the Canadian broadcasting system is distinctly Canadian in its content.

In the interim, in light of all of the above, the Commission is predisposed at this time to issue short-term one-year licences, which will allow it to consider, in the spring of 2010, group-based (conventional and discretionary) licence renewals. Further, the Commission will reduce the scope of the public hearing scheduled for the spring of 2009 to the following key issues:

• the appropriate contributions to Canadian programming (local, priority and independently produced programming), given the current economic conditions;
• the terms of administration and delivery of the LPIF, including the method of establishing the base-level expenditures for the purpose of determining incrementality;
• whether to impose a 1:1 ratio requirement between Canadian and non-Canadian programming expenditures, both on a trial basis during a short-term licence, and on a longer-term basis; and
• consideration of the terms for the digital transition by August 2011, in light of an industry working group report being prepared for the current public process.

Licensees are directed to address these issues by responding to the questions set out in the notice of consultation “Contributions to Canadian Programming” (see integral version of notice of consultation CRTC 2009-70) and submit their responses to the Commission by no later than February 23, 2009. Licensees should also indicate if they are requesting amendments to any existing conditions of licence, and the reasons for these requests. The Commission intends to retain all other conditions of licence as they currently apply. The Commission further notes that it may consider longer licence terms for certain licensees based on the particular circumstances and positions set out by those licensees.

Licensees will be advised as to which outstanding deficiency and/or clarification requests remain relevant, given the reduced scope of this proceeding. The Commission intends to issue a notice of consultation in early March 2009 in which it will make available for public comment the conventional television licence renewal applications. The public hearing noted in the news release of January 30, 2009, is scheduled to begin April 27, 2009.

February 13, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-60

Addition of NDTV GOOD TIMES to the lists of eligible satellite services for distribution on a digital basis

The Commission approves a request to add NDTV GOOD TIMES to the lists of eligible satellite services for distribution on a digital basis. The revised lists are available on the Commission’s Web site at www.crtc.gc.ca under “Industries at a Glance.”

February 10, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-61

Policy regarding the broadcast of hits by English-language FM radio stations

The Commission sets out its determinations regarding its review of the policy on the broadcast of hits by English-language FM radio stations.

February 11, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-62

Conditions of licence for commercial AM and FM radio stations

The Commission sets out conditions of licence that apply to licensees of all commercial AM and FM stations.

February 11, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2009-63

Conditions of licence for campus radio stations

The Commission sets out conditions of licence that apply to licensees of all campus radio stations.

February 11, 2009

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