COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of charities

Following a request from the charities listed below to have their status as a charity revoked, the following notice of intention to revoke was sent:

“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.”

CATHY HAWARA
Acting Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2009-008

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

Customs Act

Cherry Stix Ltd. v. President of the Canada Border Services Agency

Date of Hearing: December 2, 2009

Appeal No.: AP-2008-028

Goods in Issue: Women’s apparel

Date of Entry: January 8, 2004

Issue: Whether the appellant may use the deductive value as the value for duty pursuant to section 51 of the Customs Act.

Tariff Item at Issue: 6106.20.00

Customs Act

Wolseley Engineered Pipe Group v. President of the Canada Border Services Agency

Date of Hearing: December 8, 2009

Appeal No.: AP-2009-010

Goods in Issue: 825 McElroy Fusion Machines

Dates of Entry: Various dates in 2006 and 2007

Issue: Whether the goods in issue are properly classified under tariff item No. 8515.80.00 as other machines and apparatus, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9953.00.00 as hydraulic equipment and articles for use therein; articles for use in compression-ignition internal combustion piston engines (diesel or semi-diesel engines); all the foregoing for use in the manufacture of road graders or road scrapers, as claimed by Wolseley Engineered Pipe Group; and whether the Tribunal has jurisdiction to determine the country of origin of the goods in issue and, if so, to determine the tariff treatment of the goods in issue.

Tariff Items at Issue: Wolseley Engineered Pipe Group—9953.00.00
President of the Canada Border Services Agency—8515.80.00

November 12, 2009

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Professional, administrative and management support services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2009-040) on November 10, 2009, with respect to a complaint filed by Meta-Business Advantage Ltd. (Meta), of Ottawa, Ontario, 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. 1000244131) by the Canada Revenue Agency (CRA). The solicitation was for the provision of process improvement services.

Meta alleged that the CRA improperly disqualified its proposal.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement, the Agreement on Government Procurement and the Canada-Chile Free Trade Agreement, the Tribunal determined that the complaint was 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, November 12, 2009

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER

Certain whole potatoes

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 order made on September 12, 2005, in Expiry Review No. RR-2004-006, continuing, with amendment, its order made on September 13, 2000, in Review No. RR-99-005, continuing, without amendment, its order made on September 14, 1995, in Review No. RR-94-007, concerning whole potatoes, excluding seed potatoes, excluding imports during the period from May 1 to July 31, inclusive, of each calendar year, and excluding red potatoes, yellow potatoes and the exotic potato varieties, regardless of packaging, and white and russet potatoes imported in 50-lb. cartons in the following count sizes: 40, 50, 60, 70 and 80, imported from the United States of America, for use or consumption in the province of British Columbia, is scheduled to expire (Expiry No. LE-2009-002) on September 11, 2010.

Review No. RR-94-007 continued, with an amendment to exclude imports during the period from May 1 to July 31, inclusive, of each calendar year, its order made on September 14, 1990, in Review No. RR-89-010. The latter review continued without amendment: (1) the finding of the Anti-dumping Tribunal made on June 4, 1984, in Inquiry No. ADT-4-84, concerning whole potatoes with netted or russeted skin, excluding seed potatoes, in non-size A, also commonly known as strippers, originating in or exported from the state of Washington, United States of America, for use or consumption in the province of British Columbia; and (2) the finding of the Canadian Import Tribunal made on April 18, 1986, in Inquiry No. CIT-16-85, concerning whole potatoes, originating in or exported from the United States of America, for use or consumption in the province of British Columbia, excluding seed potatoes, and excluding whole potatoes with netted or russeted skin in non-size A, originating in or exported from the state of Washington.

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 November 24, 2009. Each counsel who intends to represent a party in these proceedings must also file a notice of representation with the Secretary on or before November 24, 2009. 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 order shall file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal no later than November 30, 2009. 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, revenues, costs and profits;
• the likelihood of injury to the domestic industry if the order 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 counsel who have filed undertakings. Parties wishing to respond to the submissions must do so no later than December 15, 2009.

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 December 30, 2009, on whether an expiry review is warranted. If the Tribunal decides that a review is not warranted, the order will expire on its scheduled expiry date. The Tribunal will issue its reasons no 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, November 10, 2009

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

EDP hardware and software

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2009-056) from Microsoft Canada Co., Microsoft Corporation, Microsoft Licensing, GP and Softchoice Corporation (M&S), of Ottawa, Ontario, concerning a procurement (Solicitation No. EP265-04H0009/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Health. The procurement is for the provision of an e-mail system. 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.

M&S alleges that PWGSC improperly extended the scope of an existing contract, thereby implementing a de facto sole source acquisition.

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, November 6, 2009

DOMINIQUE LAPORTE
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.

2009-699 November 9, 2009

0859291 B.C. Ltd.
Victoria, Sooke, River Jordan, Port Alberni and Campbell River, British Columbia

Approved — Acquisition of the assets of the television station CHEK-TV Victoria and its transmitters from Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership, and issuance of a broadcasting licence to continue the operation of the undertakings.

Approved — Renewal of the broadcasting licence for CHEK-TV Victoria until August 31, 2016.

2009-625-1 November 12, 2009

Astral Broadcasting Group Inc.
Across Canada

The Commission hereby corrects Ztélé — Licence amendments, Broadcasting Decision CRTC 2009-625, October 7, 2009, by amending the first paragraph.

2009-627-1 November 12, 2009

Astral Broadcasting Group Inc.
Across Canada

The Commission hereby corrects Canal D — Licence amendments, Broadcasting Decision CRTC 2009-627, October 7, 2009, by amending the first paragraph.

2009-628-1 November 12, 2009

Astral Broadcasting Group Inc.
Across Canada

The Commission hereby corrects Canal Vie — Licence amendments, Broadcasting Decision CRTC 2009-628, October 7, 2009, by amending the first paragraph.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-411-5

Notice of hearing

November 16, 2009
Gatineau, Quebec
Policy proceeding on a group-based approach to the licensing of television services and on certain issues relating to conventional television
Additional document placed on the record of the proceeding

In paragraph 4 of Broadcasting Notice of Consultation 2009- 411-3, the Commission modified paragraph 37 of Broadcasting Notice of Consultation 2009-411 to state that it considers that “it is appropriate, in the context of the present proceeding, to consider whether or not a negotiated solution for the compensation for the fair value of local conventional television signals is also appropriate, and is seeking comment on this question.”

The Commission further modified paragraph 38 of Broadcasting Notice of Consultation 2009-411 to state that, should it decide that negotiations for local television signals is appropriate, where there is no negotiated agreement or agreements, it “is considering what strategies and procedures are most likely to contribute to and/or ensure a timely resolution of negotiations and is seeking comment on this issue as well.”

Finally, the Commission modified paragraph 39 of Broadcasting Notice of Consultation 2009-411 to indicate that it is “seeking comment on what mechanism should be used for establishing a negotiated fair value for distant conventional signals, as well as local conventional signals, should the Commission find that the latter is appropriate.” The paragraph continues by setting out questions on which the Commission is seeking comment, including the following: “What is the appropriate method, if required, to achieve resolution through binding arbitration?” In this context, the Commission is making available the following report on the public record of this proceeding:

• Structuring Baseball’s “Final Offer” Arbitration Process for Use in Proceedings Before the CRTC (Samuel J. Reich, Esquire).

While the enclosed study was commissioned by the Commission, the observations and conclusions are those of the author alone. The Commission makes this study available in its usual spirit of transparency so that parties can comment on the study either in their submission before the Commission or in any final written submission after the hearing.

November 6, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-411-6

Notice of hearing

November 16, 2009
Gatineau, Quebec
Policy proceeding on a group-based approach to the licensing of television services and on certain issues relating to conventional television
Additional document placed on the record of the proceeding

Further to Broadcasting Notice of Consultation 2009-411, the Commission announces that the following report is available on the public record of this proceeding:

• Digital transition models (PricewaterhouseCoopers LLP)

While this report was commissioned by the Commission, the observations and conclusions are those of the author alone. The Commission makes this report available in its usual spirit of transparency so that parties can comment on the report either in their submission before the Commission or in any final written submission after the hearing.

November 13, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-659-1

Notice of application received

Across Canada
Correction to item 1
Deadline for submission of interventions and/or comments: November 25, 2009

In Broadcasting Notice of Consultation 2009-659, the Commission announced that it had received an application from TVA Group Inc. (application No. 2009-1227-1). In the notice, Le Canal Nouvelles (LCN) was erroneously described as a Category 1 specialty programming undertaking. The Commission hereby corrects the paragraph to read as follows:

Application by TVA Group Inc. to amend the broadcasting licence for the national, French-language specialty programming undertaking known as Le Canal Nouvelles (LCN).

November 6, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-703

Notice of application received

Across Canada
Deadline for submission of interventions and/or comments: December 17, 2009

The Commission has received the following application:

1. Corus Entertainment Inc., on behalf of Viva Channel Inc.
Across Canada

To amend the broadcasting licence for the national, English-language specialty television programming undertaking known as VIVA.

November 12, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-704

Notice of applications received

Various locations
Deadline for submission of interventions and/or comments: December 17, 2009

The Commission has received the following applications:

1. Quebecor Media Inc., on behalf of CF Cable TV Inc.
Gatineau (Aylmer, Gatineau, Hull) and surrounding areas, Quebec

In order to distribute the local station CHCH-TV-1 Ottawa on channel 9, a restricted channel, and to distribute CKXT-DT-3 Ottawa, which is owned by Sun TV Company (Quebecor), on the channel currently occupied by CHCH-TV-1, i.e. channel 16.

2. Quebecor Media Inc., on behalf of CF Cable TV Inc.
Rockland, Ontario

In order to distribute the local station CHCH-TV-1 Ottawa on channel 9, a restricted channel, and to distribute CKXT-DT-3 Ottawa, which is owned by Sun TV Company (Quebecor), on the channel currently occupied by CHCH-TV-1, i.e. channel 16.

November 12, 2009

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HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of a claim for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer of the Hazardous Materials Information Review Commission hereby gives notice of the receipt of the claims for exemption listed below.

The above claims seek exemption from the disclosure of employer confidential information in respect of a controlled product which would otherwise be required to be disclosed by the provisions of the applicable provincial legislation relating to occupational health and safety.

The above claims seek exemption from the disclosure of supplier confidential business information in respect of a controlled product; such disclosure would otherwise be required under the provisions of the Hazardous Products Act.

Subsection 12(2) of the Hazardous Materials Information Review Act requires that this notice contain a statement offering every affected party the opportunity to make written representations to the screening officer with respect to the claim for exemption and the material safety data sheet to which it relates.

Under the provisions of the Hazardous Materials Information Review Regulations, “affected party,” for purposes of the Hazardous Materials Information Review Act, means, in respect of a controlled product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and who uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes

(a) a supplier of the controlled product;

(b) an employee at the work place;

(c) an employer at the work place;

(d) a safety and health professional for the work place;

(e) a safety and health representative or a member of a safety and health committee for the work place; and

(f) a person who is authorized in writing to represent

(i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or

(ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.

Written representations respecting a claim for exemption cited in the present notice, or the material safety data sheet to which the claim relates, must cite the appropriate Registry Number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the Screening Officer at the following address: Hazardous Materials Information Review Commission, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3.

R. BOARDMAN
Chief Screening Officer

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NUNAVUT IMPACT REVIEW BOARD

NUNAVUT LAND CLAIMS AGREEMENT

Notice to interested parties

The Nunavut Impact Review Board (NIRB) is an Institution of Public Government with responsibilities for the environmental assessment of projects in Nunavut as described in Article 12 of the Nunavut Land Claims Agreement (NLCA). Pursuant to Section 12.2.5 of the NLCA, in carrying out its functions, the primary objective of NIRB shall be at all times to protect and promote the existing and future well-being of the residents and communities of the Nunavut Settlement Area, and to protect the ecosystemic integrity of the Nunavut Settlement Area. The Nunavut Impact Review Board shall take into account the well-being of residents of Canada outside the Nunavut Settlement Area.

Section 12.2.23 of the NLCA gives NIRB the authority, after due consultation, to make and publish its by-laws and rules of procedure.

The Nunavut Impact Review Board hereby gives notice that, following due consultation, Rules of Procedure applying to proceedings pursuant to the NLCA, Article 12, Part 4: Screening of Project Proposals and the NLCA, Article 12, Part 5: Review of Project Proposals have been made and came into effect on September 3, 2009.

The Rules of Procedure are available in English, French, Inuktitut and Inuinnaqtun on NIRB’s FTP site at http://ftp.nirb. ca/RULES/. Copies are also available by contacting the NIRB office at Nunavut Impact Review Board, P.O. Box 1360, Cambridge Bay, Nunavut X0B 0C0, 1-866-233-3033 (telephone), 867-983-2594 (fax), info@nirb.ca (email).

September 3, 2009

LUCASSIE ARRAGUTAINAQ
Chairperson

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PUBLIC SERVICE COMMISSION

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 granted permission, pursuant to subsection 115(2) of the said Act, to Alain Bouffard, Senior Project Analyst (CS-03), IT Certification and Accreditation, Correctional Service of Canada, Ottawa, Ontario, to be a candidate before and during the election period for the position of Councillor for the Municipality of Ripon, Quebec, in a municipal election held on November 1, 2009.

November 6, 2009

MARIA BARRADOS
President

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PUBLIC SERVICE COMMISSION

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 granted permission, pursuant to subsection 115(2) of the said Act, to Pierre Robert, Correctional Officer (CX-01), Drummond Penitentiary, Correctional Service of Canada, Drummondville, Quebec, to be a candidate before and during the election period for the position of Councillor for the Municipality of Hatley, Quebec, in a municipal election held on November 1, 2009.

November 6, 2009

MARIA BARRADOS
President

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