COMMISSIONS

CANADA EMPLOYMENT INSURANCE COMMISSION

Notice requesting comments on amending the Employment Insurance Regulations

Notice is hereby given that the Canada Employment Insurance Commission (Commission) is contemplating amending the Employment Insurance Regulations (EIR) based on the amendments to the Employment Insurance Act (EI Act) proposed by Bill C-56, An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts (short title: “Fairness for the Self-Employed Act”). The Commission is soliciting written comments from all interested parties on the potential amendments.

Summary

The Commission is in the process of determining the amendments to the EIR that would be necessary as a result of the amendments to the EIA that are contained in Bill C-56, which will, if it becomes law, extend the provision of maternity, parental, sickness and compassionate care (hereafter “special”) benefits to the self-employed.

A number of regulations already in the EIR, which are necessary for the provision of employment insurance (EI) benefits to insured persons (hereafter “paid employees”) currently covered under the program, will need to be amended to include self-employed persons in existing definitions and sections of the EIR. New regulations will also be required to reflect the unique circumstances of self-employed persons. Furthermore, some existing regulations will need to be adjusted to ensure that paid employees and self-employed persons receive similar treatment, such as when receiving earnings from employment or self-employment, as the case may be, while receiving employment insurance benefits.

This Notice explains, in general terms, the amendments currently being considered by the Commission and requests input on those amendments.

Background

Self-employment is a significant segment of the labour market, making up about 15% of the labour force in 2008. Self-employed persons make important contributions to the Canadian economy and are an important engine of growth as they help spur ideas and innovations. By providing work for other Canadians, self-employed persons are also a significant driver of job creation and economic wealth.

Although select groups of self-employed persons have access to maternity, parental and adoption benefits through professional associations, or in the case of Quebec, through the Québec Parental Insurance Plan (QPIP), the majority of them do not have access to similar benefits. Short-term sickness and compassionate care benefits are available on a very limited basis to self-employed persons through professional associations or private insurance plans at relatively high premium rates. Bill C-56, if it were to become law, would provide these individuals an opportunity to receive income support through the employment insurance system to help them balance work and family responsibilities.

Proposal

Through Bill C-56, Fairness for the Self-employed Act, the Government is proposing to provide EI special benefits to self-employed persons on a voluntary basis. To the extent possible, these benefits will mirror the special benefits currently available to paid employees already covered under the existing EI Act.

First, to provide special benefits to self-employed persons, a number of regulations currently in the EIR would need to be amended to include self-employed persons in existing definitions and sections of the EIR. The contemplated amendments would include self-employed persons

• in the definitions;
• in the existing provisions which allow a third party to act on their behalf where the person has mental disabilities, incapacities or is deceased;
• in the Family Supplement provisions, increasing the income replacement rate from 55% to up to 80% of weekly benefits for low-income Canadians with children; and
• in the provisions for claimants not in Canada or who are inmates in an institution.

Amendments to the following provisions are also being considered to extend to self-employed persons:

• the application of what is considered a working day;
• the application of who can issue medical certificates for compassionate care benefits and the division of compassionate care benefits;
• the proof required in order to qualify for sickness and maternity benefits;
• the circumstances in which the Commission may waive the waiting period in the event of sickness;
• the existing definition of “family member”; and
• the authority to determine the value of a violation.

Second, a number of new regulations pertaining solely to self-employed persons would be needed to support Part VII.1 of the EI Act as amended by the Fairness for the Self-Employed Act, should it become law. Key regulatory amendments would deal with the following issues:

1. Provisions dealing with the notice to terminate and the withdrawal of this notice will be required. Consideration is being given to including the requirement that these notices be provided in writing. Self-employed persons will be able to communicate their intention to the Commission through Service Canada, a branch of the Department of Human Resources and Skills Development.

2. Eligibility for benefits is a key feature of the EI program and ensures that those who receive benefits have a minimum level of attachment to the workforce. Under the current program, eligibility is based on hours of insurable employment. However, given the unique circumstances of self-employed persons, Bill C-56 proposes to measure, for self-employed persons, eligibility in earnings from self-employment in the calendar year preceding the application for benefits.

Eligibility for special benefits for self-employed persons in Bill C-56 is $6,000 for 2011. This corresponds approximately to the 600 hours needed by paid employees to qualify for EI special benefits. Consideration is being given to index the level of earnings required by self-employed persons to be eligible for special benefits annually according to the growth in the Maximum Insurable Earnings (MIE), starting in 2012. This will ensure that the level of earnings required to be eligible for special benefits maintains its relative value over time.

Currently, the MIE under the EI Act is indexed to the annual percentage increase in the average weekly earnings of the industrial aggregate in Canada, as published by Statistics Canada. This formula is described in section 4 of the EI Act.

3. An interruption of earnings from employment under the EI Act is a necessary condition for establishing an EI claim, as benefits are only payable to those who are truly unemployed with a break in their earnings and employment.

Currently, a paid employee must experience a reduction in their normal weekly earnings of more than 40% to establish a claim for special benefits. If special benefits are extended to self-employed persons, consideration is being given to establishing an interruption of earnings when the self-employed person reduces the time devoted to their normal business activities as a result of injury, illness or quarantine, pregnancy, the need to care for a newly born or adopted child or children, or the need to provide care or support to a gravely ill family member, by more than 40% of the normal level.

Similarly, consideration is being given to defining a week of unemployment for self-employed persons as a week in which the person reduces the time devoted to their normal business activities by more than 40% of their normal level.

4. Currently under the EI program, the weekly benefit rate for paid employees is 55% of weekly insurable earnings, calculated over the previous 26 weeks (generally speaking). Should Bill C-56 become law, the weekly benefit rate for self-employed claimants would be 55% of their self-employed earnings from the previous tax year, divided by 52. The proposed approach will allow self-employed earnings to be determined by information contained in a self-employed person’s income tax return, and will enable the Commission to verify a self-employed person’s earnings independently for the purpose of establishing a claim and paying benefits.

Earnings from insurable employment, including earnings as a fisher, will also be taken into consideration to determine the benefit rate.

To maintain consistency with the current provisions of the EIR, consideration is being given to amending the EIR so that certain earnings would be excluded from the benefit rate calculation, including any insurable earnings from employment that was lost because of misconduct or that was voluntarily left without just cause, and any insurable earnings used to establish a previous claim for benefits.

5. If Bill C-56 becomes law, sickness benefits will be payable to self-employed persons, who, if not for the illness, injury or quarantine that gave rise to their claim for benefits, would otherwise be working. Self-employed claimants will be disentitled from receiving sickness benefits for each week in which they would have otherwise not worked.

Consideration is being given to deem a self-employed person to not be working in a week if the person, if they were not ill, injured or quarantined, would not be engaged in the normal activities of their business and engaged in normal activities for the continuation of their business.

6. Where a self-employed person may also be entitled to special benefits as a paid employee under the EI Act, consideration is being given to requiring that their election of the type of benefits they wish to receive be made in writing to the Commission.

7. Residents of a province with a provincial plan that offers similar special benefits to those offered by the EI program are eligible to receive a premium reduction that reflects the savings generated for the EI program as a result of that plan.

Consideration is being given to amending Part III.1 of the EIR for the purpose of providing a reduction of premiums to those self-employed persons who choose to opt into the program, but who are covered by a provincial plan. This reduction will ensure, to the extent possible, that self-employed persons who opt in to the federal program will not pay a premium for benefits covered under a mandatory provincial plan (for example self-employed persons in Quebec already pay premiums under QPIP for maternity and parental benefits). In addition, the proposed amendments facilitate the co-existence of the EI program and provincial plans.

8. Consideration is being given to mirroring, for self-employed persons, the treatment of self-employment earnings of paid employees that are earned during those weeks when they are also receiving EI benefits.

For self-employed farmers, consideration is being given to repealing the current regulations whereby 15% of gross revenue is used as a proxy for net income.

Instead of the current approach, consideration is being given to basing the earnings of a claimant who is self-employed in farming on actual net income, including any farming subsidies received under any federal or provincial program, from that self-employment remaining after deducting the operating expenses, other than capital expenditures, incurred therein.

The use of actual net income is intended to better reflect the actual financial circumstances of self-employed farmers and to ensure consistent treatment for all self-employed persons.

9. The Commission is also contemplating changes to how earnings that arise from self-employment will be allocated. Earnings received by a claimant while on claim must be allocated and deducted from EI benefits. In the case of earnings from self-employment that arise out of services, consideration is being given to allocating those earnings to the week or weeks in which those services were performed. For self-employed earnings that arise out of transactions, those earnings that exceed the MIE divided by 52, for a week, would be allocated to the week or weeks in which the work that gave rise to the transaction was performed, rather than to the week those earnings are received, as is currently the case for paid employees. This proposed change would apply to self-employed earnings for claimants covered under Part I (paid employees) and Part VII.1 (self-employed) of the EI Act.

The intention is to ensure, to the extent possible, that self-employed claimants are treated consistently and fairly, without any undue administrative burden.

Example

Paul is a self-employed florist who has opted in to the EI program and after one year of participation, makes a claim for 35 weeks of parental benefits. In week 15 of his claim, Paul earned $2,000 for flowers he sold for a wedding. As the $2,000 Paul received is larger than the MIE divided by 52 ($42,300 / 52 = $813), those earnings would be allocated over the period in which the work that gave rise to the transaction was performed. Since Paul worked for 6 weeks while on claim to produce the flower arrangement for which he received $2,000, the $2,000 will be allocated equally to those 6 weeks of work while on claim, thereby reducing the EI parental benefits that Paul received during that 6-week period.

Coming into force

Not all of the regulatory amendments being considered would need to come into force upon Bill C-56 receiving royal assent. Only those amendments pertaining to the termination of agreements to opt-in to the benefit scheme, the withdrawal of this notice, and the 2010 premium reduction for self-employed persons resident in provinces with provincial plans would need to come into force at that time.

The balance of the amendments being contemplated would not come into force until a later date.

Comments

Self-employed persons and other interested parties are requested to provide their comments on this Notice of Intent in writing, to the person named below at the address provided, before January 2, 2010.

Comments would be appreciated on

• the regulations being considered pertaining to the provision of special benefits (maternity, parental, sickness and compassionate care) to self-employed persons on a voluntary basis; and
• the allocation of self-employed earnings received while on claim and the proposed change to the determination of earnings from farming activities.

Questions and requests for additional information, as well as comments regarding this Notice of Intent, may be directed to Mariève Poliquin, Program Consultant, Skills and Employment Branch, Human Resources and Skills Development Canada, 140 Promenade du Portage, 5th Floor, Gatineau, Quebec K1A 0A9, 819-953-0135 (telephone), 819-934-6631 (fax), marieve. poliquin@hrsdc-rhdcc.gc.ca (email).

MIREILLE LAROCHE
Director, Policy Analysis and Initiatives
Department of Human Resources and
Skills Development

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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

DETERMINATION

Armament

Notice is hereby given that, on December 2, 2009, further to a judgment of the Federal Court of Appeal dated May 22, 2008, which was upheld by the Supreme Court of Canada in its decision dated November 5, 2009, that set aside the determination of the Canadian International Trade Tribunal (the Tribunal) made on August 30, 2007, in File No. PR-2007-008 and remitted the matter back to the Tribunal, the Tribunal made a re-determination (File No. PR-2007-008R). This re-determination related to a complaint filed by Northrop Grumman Overseas Services Corporation (Northrop Grumman), of Rolling Meadows, Illinois, 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. W8475-02BA01/C) by the Department of Public Works and Government Services on behalf of the Department of National Defence. The solicitation was for the provision of advanced multi-role infrared sensors.

The Tribunal determined that Northrop Grumman was not a “Canadian supplier” under the Agreement on Internal Trade (AIT). Consequently, Northrop Grumman cannot claim the benefit of the AIT. Therefore, the Tribunal concluded that it did not have jurisdiction to commence an inquiry into the complaint.

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, December 2, 2009

DOMINIQUE LAPORTE
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-2009-060) from Argair Aerospace Limited (Argair), of Mississauga, Ontario, concerning a procurement (Requisition No. W8476-10-KW05) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation is for the provision of mechanical engineering support 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.

Argair alleges that PWGSC improperly evaluated its proposal and that the specification was designed to favour a limited number of suppliers.

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 27, 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.

2009-743 December 2, 2009

Seabridge Media Inc.
Across Canada

Revocation of the broadcasting licences for the Category 2 specialty programming undertakings SBS Canada, ISC Canada and KBS World.

2009-744 December 2, 2009

CTV Limited
Across Canada

Approved — Acquisition of the assets of the English-language specialty programming undertaking known as CablePulse24 (CP24) and for a new broadcasting licence to continue the operation of the undertaking.

2009-745 December 2, 2009

Videotron Ltd.
Ascot Corner, Coaticook, Côte-de-Beaupré (Saint-Joachim-de-Montmorency) and surrounding areas, Cowansville, East Angus, Gatineau (Aylmer, Gatineau and Hull sectors) and surrounding areas, Gatineau (Buckingham sector) and surrounding areas, Granby, Île d’Orléans (Sainte-Pétronille), La Malbaie, La Pocatière, Lachute, Maniwaki, Montebello, Montréal, Rivière-du-Loup, Saint-André-Avellin, Saint-Siméon, Sherbrooke (Lennoxville), Sorel, Terrebonne, Thurso and Waterloo and surrounding areas, Quebec; Rockland, Ontario

Approved — Acquisition from CF Cable TV Inc., as part of a corporate reorganization, of the assets of all terrestrial broadcasting distribution undertakings serving the above-mentioned locations and new licences to continue the operation of the undertakings under the same terms and conditions as those in effect under the current licences.

2009-746 December 2, 2009

Northwoods Broadcasting Limited
Thunder Bay, Ontario

Approved — Acquisition of the assets of the English-language radio stations CKTG-FM and CJUK-FM Thunder Bay from Newcap Inc. and issuance of broadcasting licences to continue the operation of the undertakings.

2009-751 December 3, 2009

4510810 Canada Inc.
Across Canada

Approved — Acquisition from 6166954 Canada Inc. of the assets of the national, English-language Category 2 specialty programming undertaking known as HARDtv and new broadcasting licence to continue operation of the undertaking.

2009-752 December 3, 2009

TELUS Communications Inc., and 1219823 Alberta ULC and Emergis Inc. in partnership with TELUS Communications Inc. in TELE-MOBILE Company, partners in a general partnership carrying on business as TELUS Communications Company
Kamloops, Kelowna, Nanaimo, Penticton, Prince George, Terrace, Vancouver (including the Lower Mainland, Fraser Valley and Whistler and surrounding areas), Vernon and Victoria, British Columbia; Calgary, Edmonton (including St. Albert, Sherwood Park, Spruce Grove and Stony Plain), Fort McMurray, Grande Prairie, Lethbridge, Medicine Hat and Red Deer, Alberta; Baie-Comeau, Gaspé, Montmagny, Mont-Tremblant, Rimouski, Sainte-Marie, Saint-Georges, Sept-Îles and their surrounding areas, Quebec; and across Canada

Approved — Acquisition of the assets of terrestrial broadcasting distribution undertakings serving various locations in British Columbia, Alberta and Quebec and of a national video-on-demand service and for new broadcasting licences to continue the operation of the undertakings.

2009-753 December 3, 2009

CTV Limited, on behalf of a wholly owned subsidiary to be incorporated
Province of Alberta

Approved — Acquisition from CTV Limited, as part of a corporate reorganization, of the assets of the satellite-to-cable programming undertaking known as ACCESS - The Education Station Edmonton and its transmitters CIAN-TV Calgary and CJAL-TV Edmonton, Alberta, and for a new broadcasting licence to continue the operation of the undertakings.

2009-754 December 3, 2009

Clear Sky Radio Inc.
Lethbridge, Alberta

Approved — Amendment to the broadcasting licence for the English-language commercial radio programming undertaking CJOC-FM Lethbridge by replacing the condition of licence relating to Canadian content development contributions.

2009-755 December 3, 2009

4352416 Canada Inc.
Peterborough, Ontario

Approved — Application to change the authorized contours of the English-language commercial specialty FM radio programming undertaking CJMB-FM Peterborough (formerly CKKK-FM Peterborough) by increasing the effective radiated power, by increasing the effective height of the antenna above average terrain and by relocating the antenna.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-411-8

Notice of hearing

November 16, 2009
Gatineau, Quebec
Clarification of the scope of the final submissions due by December 14, 2009

1. In Broadcasting Notice of Consultation 2009-411-7, the Commission announced that it will accept final written submissions in connection with the proceeding on a group-based approach to the licensing of television services and on certain issues relating to conventional television submitted on or before December 14, 2009. The Commission limited the length of these submissions to no more than 10 pages, excluding information requested by the Commission during the oral phase of the public hearing.

2. On December 2, 2009, the Commission received a letter from CTVglobemedia Inc. (CTVgm) requesting that this limit of ten pages not include comments on the four studies that were filed by the Commission on the public record between October 22 and November 13, 2009. CTVgm argued that these studies are very detailed and require a substantive response.

3. In response to CTVgm’s concerns, the Commission announces that the limit on the length of the final written submissions does not include comments in reply to these four studies.

December 4, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-632-2

Notice of hearing

December 14, 2009
Gatineau, Quebec
Revised hearing time and withdrawal of item 16

Further to Broadcasting Notices of Consultation 2009-632 and 2009-632-1, the Commission announces the following:

Revised hearing time

The hearing will now commence at 11:00 a.m. on Monday, December 14, 2009, at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec.

Withdrawal of item 16

The Commission has been advised by the Department of Industry that it cannot issue comments on the conditional technical acceptability of the technical parameters for the application published as item 16 in Broadcasting Notice of Consultation CRTC 2009-632.

Item 16

Innisfil, Ontario

Application by Douglas George Edwards for a broadcasting licence to operate an English-language FM non-commercial tourist radio programming undertaking in Innisfil, Ontario.

Therefore, the Commission cannot proceed with the consideration of the application. As such, the application is withdrawn from this hearing and could be rescheduled at a later date.

December 3, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-661-2

Notice of hearing

April 26, 2010
National Capital Region
Review of community television policy framework
Additional document on the public file
Deadline for submission of interventions and/or comments: February 1, 2010

1. The Commission has placed a study on its Web site for consideration as part of its review of the community television policy framework — Community Television Policies and Practices Around the World. The study was prepared by TimeScape Productions for the Commission and will form part of the public record of the proceeding.

December 1, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-703-1

Notice of application received

Across Canada
Amendment to item 1 in the French version only

Further to Broadcasting Notice of Consultation 2009-703, the Commission announces the following:

The following item is amended and the changes are in bold in the French version only.

Item 1

Across Canada
Application No. 2009-1358-4

1. Corus Entertainment Inc., on behalf of Viva Channel Inc.
Across Canada
Application No. 2009-1358-4

Application by Corus Entertainment Inc. (Corus), on behalf of Viva Channel Inc., to amend the broadcasting licence for the national, English-language specialty television programming undertaking known as VIVA.

December 4, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-724-1

Notice of application received

Ottawa, Ontario
Correction to item 1

Further to its Broadcasting Notice of Consultation 2009-724, the Commission announces the following:

The changes are in bold.

Item 1

Ottawa, Ontario
Application No. 2009-1442-5

Application by Astral Media Radio Inc. to amend the broadcasting licence for the new English-language commercial FM radio programming undertaking to serve Ottawa, Ontario, and Gatineau, Quebec.

November 30, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-732

Call for comments on proposed revisions to the criteria used to assess applications for mandatory distribution pursuant to an order under section 9(1)(h) of the Broadcasting Act

The Commission calls for comments on the above proposed criteria that will be used in assessing whether a programming service should be granted mandatory distribution pursuant to an order under section 9(1)(h) of the Act. The Commission invites comments on the wording of the proposed amendments. The Commission will accept comments that it receives on or before March 1, 2010. The comments received will be considered in establishing the new criteria to be used in the assessment of current and future applications for mandatory distribution.

The Commission cannot be held responsible for postal delays and will not notify a party whose comment is received after the deadline. The comment will not be considered by the Commission and will not be part of the public file. The Commission will not formally acknowledge comments. It will, however, fully consider all comments, and they will form part of the public record of the proceeding, provided that the procedures for filing have been followed.

November 30, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-736

Notice of application received

Truro, Nova Scotia
Deadline for submission of interventions and/or comments: January 4, 2010

The Commission has received the following application:

1. Truro Live Performing Arts Association
Truro, Nova Scotia

For the use of frequency 97.9 MHz (channel 250VLP) for the operation of the English-language, very low-power developmental community FM radio station approved in Developmental community radio station in Truro, Broadcasting Decision CRTC 2009-557, September 3, 2009 (Decision 2009-557).

November 30, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-740

Notice of application received

Edmonton and Calgary, Alberta, and Portage la Prairie/Winnipeg, Manitoba
Deadline for submission of interventions and/or comments: January 5, 2010

The Commission has received the following application:

1. Rogers Broadcasting Limited
Edmonton and Calgary, Alberta, and Portage la Prairie/Winnipeg, Manitoba

To amend the broadcasting licences of television programming undertakings CKEM-TV Edmonton, CKAL-TV Calgary, and CHMI-TV Portage la Prairie/Winnipeg in order to increase their flexibility in fulfilling their described video programming commitments.

December 1, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-757

Notice of applications received

Various locations
Deadline for submission of interventions and/or comments: January 8, 2010

The Commission has received the following applications:

1. Télé Inter-Rives ltée
Rivière-du-Loup, Quebec

To amend the broadcasting licence for the television programming undertaking CIMT-TV Rivière-du-Loup, a TVA French-language national television network affiliate, to exempt CIMT-TV from the requirement to furnish complete program logs and records to the Commission.

2. CKRT-TV ltée
Rivière-du-Loup, Quebec

To amend the broadcasting licence for the television programming undertaking CKRT-TV Rivière-du-Loup, a Canadian Broadcasting Corporation French-language national television network affiliate, to exempt CKRT-TV from the requirement to furnish complete program logs and records to the Commission.

3. Télévision MBS inc.
Rivière-du-Loup, Quebec

To amend the broadcasting licence for the television programming undertaking CFTF-TV Rivière-du-Loup, a V network affiliate, to exempt CFTF-TV from the requirement to furnish complete program logs and records to the Commission.

4. CHAU-TV Communications ltée
Carleton-sur-Mer, Quebec

To amend the broadcasting licence for the television programming undertaking CHAU-TV Carleton-sur-Mer, a TVA French-language national television network affiliate, to exempt CHAU-TV from the requirement to furnish complete program logs and records to the Commission.

December 4, 2009

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HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decision made by an appeal board

Pursuant to paragraph 27(1)(a) of the Hazardous Materials Information Review Act (HMIRA), the Chief Appeals Officer of the Hazardous Materials Information Review Commission hereby gives notice of the Appeal Board’s decision dated August 6, 2009, with respect to the appeal by Huntsman Corporation from the decision and order of the Screening Officer in relation to the claim for exemption bearing the Registry No. 6420 and the relevant material safety data sheet (MSDS) dated June 19, 2007, for the controlled product Rubinate® 1790.

Summary of the Decision of the Appeal Board

On December 13, 2007, the Screening Officer notified the Appellant, Huntsman Corporation, that the claim for exemption, in respect of the controlled product Rubinate® 1790, had been found to be valid. However, the Screening Officer determined that the MSDS for the controlled product did not comply, in certain respects, with the requirements of the Hazardous Products Act and the Controlled Products Regulations.

Pursuant to subsection 17(1) of the HMIRA, the Screening Officer issued three orders for the disclosure of the following information on the MSDS: (1) the ratio that applies to the stated concentration of the hazardous ingredients cited in the formulation of the controlled product; (2) that central nervous system (CNS) effects have been observed in humans as a result of chronic exposure to the ingredient; (3) that an ingredient in the controlled product produced mutagenic effects in mammalian systems in vivo and bacterial systems in vitro. Pursuant to section 20 of the HMIRA, Huntsman Corporation appealed orders (2) and (3).

The Appeal Board appointed an expert pursuant to section 44 of the HMIRA and section 11 of the Inquiries Act to provide independent expert advice with respect to the matter under appeal.

With respect to order (2), Huntsman Corporation claimed that the results of a study reviewed by the Screening Officer were interpreted incorrectly as the World Health Organization Concise International Chemical Assessment Documents included a review of the reference used, which concluded that several significant shortcomings precluded the credibility of the findings. Huntsman Corporation claimed, therefore, that there were no CNS effects to disclose.

The Appeal Board’s expert agreed with Huntsman Corporation’s view that disclosure was not necessary under the circumstances. The Appeal Board’s expert stated that the order to disclose that CNS effects have been observed in humans as a result of chronic exposure to the ingredient was not supported.

With respect to order (3), Huntsman Corporation claimed that all available references for the endpoints were not evaluated and the listed references were misinterpreted. Furthermore, the Appellant stated that a risk assessment of the mutagenicity of the relevant ingredient provided no convincing evidence of mutagenic and genotoxic activity.

The Appeal Board’s expert agreed with the Appellant that the Screening Officer’s order (3) requiring disclosure of mutagenicity of the relevant ingredient in mammalian systems in vivo and bacterial systems in vitro was not supported. The Appeal Board thought that the proposed order did not reflect the recently gained understanding of the role of the solvent used for solubilization in genotoxicity assays, as described in a recent review prepared by a credible organization (European Community).

Section 23 of the HMIRA states that

(2) An appeal board may dispose of an appeal of a decision or an order by

(a) dismissing the appeal and confirming the decision or order of the screening officer; or

(b) allowing the appeal and either varying or rescinding the decision or order being appealed.

In light of the opinion expressed by the Appeal Board’s expert with regard to the studies relied upon by the Screening Officer, the Appeal Board found that the weight of available scientific opinion did not justify the orders under appeal. Pursuant to paragraph 23(2)(b) of the HMIRA, the Appeal Board allowed the appeal and rescinded the statement of decisions and order of the Screening Officer.

A copy of this notice is available to any person, on request, by writing to the Chief Appeals Officer, Hazardous Materials Information Review Commission, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3, 613-998-2363 (telephone), 613-993-5016 (fax).

November 29, 2009

JEAN-NICOLAS R. BUSTROS
Chief Appeals Officer

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