Vol. 133, No. 23 — June 5, 1999

COMMISSIONS

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, 1 Promenade du Portage, Ground Floor, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);

— Place Montréal Trust, 1800 McGill College Avenue, Suite 1920, Montréal, Quebec H3A 3J6, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— The Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile).

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.

99-109 May 21, 1999

Alliance Atlantis Communications Inc. and Premier Choix Networks Inc., on behalf of a company to be incorporated — "Canal Fiction"
Across Canada

Approved — New French-language specialty television service called "Canal Fiction" expiring August 31, 2005.

99-110 May 21, 1999

Radiomutuel inc.—"Canal Z"
Across Canada

Approved — New French-language specialty television service called "Canal Z, aux limites du savoir" expiring August 31, 2005.

99-111 May 21, 1999

Alliance Atlantis Communications Inc. and Premier Choix Networks Inc., on behalf of a company to be incorporated — "Canal Histoire"
Across Canada

Approved — New French-language specialty television service called "Canal Histoire" expiring August 31, 2005.

99-112 May 21, 1999

3403688 Canada inc. — "Canal Évasion"
Across Canada

Approved — New French-language specialty television service called "Canal Évasion" expiring August 31, 2005.

99-113 May 21, 1999

Applications for the following services denied: "Télé-Classique"; "Le Canal des Affaires"; "Le réseau de l'économie (RDE)"; "Télévision Régionale"; "Le réseau des arts (RDA)"; "Canal Justice"; "Réseau Vision"; "Télé Ha! Ha!"; "Le Réseau de l'histoire (RDH)"; "Savoir-Faire"; "Canal télé-passeport"; "Le canal chez-moi" and "La chaîne gourmande". The applicants are listed in the appendix to the decision.

99-114 May 28, 1999

TELUS Communications Inc. (TELUS)
Lake Bonavista, a subdivision of Calgary; Greenfield and Rhatigan Ridge, subdivisions of Edmonton, Alberta

Approved — Renewal of the licences for the broadcasting distribution undertakings authorized to conduct market and technical trials in the above-noted communities, from June 1, 1999, to May 31, 2000.

99-115 May 28, 1999

Prairie Co-Ax T.V. Ltd.
Swift Current, Saskatchewan

Approved — Application to amend the cable distribution undertaking serving Swift Current during the Children's Miracle Network Telethon.

99-116 May 28, 1999

Shaw Cablesystems (Sask) Ltd.
Prince Albert, Saskatchewan

Approved — Application to amend the cable distribution undertaking serving Prince Albert during the Children's Miracle Network Telethon.

99-117 May 28, 1999

Rogers Broadcasting Limited
Victoria, British Columbia

Approved — Decrease in the effective radiated power for CIOC-FM Victoria from 100 000 watts to 47 000 watts.

99-118 May 28, 1999

Canadian Broadcasting Corporation
Sainte-Anne-de-Beaupré, Quebec

Approved — Addition of a transmitter at Sainte-Anne-de-Beaupré for the distribution of the programming of CBVX-FM Québec.

99-119 May 28, 1999

Canadian Broadcasting Corporation
Havre-Saint-Pierre, Magpie, etc., Quebec

Approved — Addition of an FM transmitter at Havre-Saint-Pierre for the distribution of the programming of CBSI-FM Sept-Îles and deletion of various low-power transmitters.

99-120 May 28, 1999

Câble-Axion Québec inc.
Pont-Rouge, Saint-Agapit, etc., Quebec

Câble-Axion Digitel inc.
Compton, Dixville and Eastman, Quebec

Denied — Applications for corporate reorganization.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-89

Licensing of New French-language Specialty Television Undertakings — Introductory Statement

Summary

Following the December 7, 1998 public hearing in Montréal, the Commission has decided to award licences to four new French-language specialty programming services, to be made available as a group on an exclusively French-language tier, effective January 10, 2000. In this introductory statement to the decisions published today, the Commission sets out the choices it has made and examines the terms and conditions that will govern the operation of these undertakings.

Approved applications

1. At the public hearing which began on December 7, 1998, in Montréal, the Commission considered 17 applications for licences to operate French-language specialty television undertakings. In decisions CRTC 99-109 to 99-112 published today, the Commission grants approval to four of these applications to provide the following services:

Canal Fiction (Alliance Atlantis Communications Inc. and Premier Choix Networks Inc., on behalf of a company to be incorporated), a service devoted to great drama programs of yesterday and today.

Canal Z, aux limites du savoir (Radiomutuel inc.), a service devoted to science, technology and computer science.

Canal Histoire (Alliance Atlantis Communications Inc. and Premier Choix Networks Inc., on behalf of a company to be incorporated), a service devoted to history and recent events.

Canal Évasion (3403688 Canada Inc., BCE Inc. or a wholly-owned subsidiary, Serdy Direct Inc., TVA Group Inc., Media Overseas, Pathé/Canal Voyage France), a service dedicated to programs on travel, tourism and adventure.

2. In Decision CRTC 99-113 published today, the CRTC has denied 13 other applications considered at the public hearing. Further, in Public Notice CRTC 1999-90, the Commission sets out amended distribution and linkage requirements.

May 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-90

Distribution and Linkage Requirements for Class 1 and Class 2 Licensees

General

1. This public notice sets out the rules governing the distribution of programming services by licensees of broadcasting distribution undertakings holding a Class 1 licence or a Class 2 licence.

2. In addition, this notice outlines requirements concerning the linkage of programming services distributed on a discretionary basis. The provisions set out in this notice replace those contained in Public Notice CRTC 1997-151 dated December 22, 1997.

3. These provisions govern distribution of the following programming services as part of the basic service and/or as discretionary services:

(a) any pay television service and any television pay-per-view service, the operator of which is authorized to provide the service to all or any part of the licensed area of the broadcasting distribution undertaking;

(b) any specialty service, the operator of which is authorized to provide the service to all or any part of the licensed area of the broadcasting distribution undertaking; and

(c) any satellite service as set out in the List of Part 2 Eligible Satellite Services, other than a Part 2 eligible satellite service that the licensee was authorized to distribute as part of its basic service before June 3, 1993, and any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian satellite services.

Rules regarding the distribution of programming services

4. Where a licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a dual status basis, that is, as part of the basic service, unless the operator of that service consents in writing to its distribution as a discretionary service:

(a) CBC Newsworld;

(b) Vision TV;

(c) YTV;

(d) MuchMusic;

(e) The Sports Network;

(f) Canal Famille;

(g) MétéoMédia/Weather Now;

(h) MusiquePlus;

(i) Réseau des Sports;

(j) TV5;

(k) Le Réseau de l'information;

(l) Country Music Television; and

(m) any other specialty programming service that may be designated by the Commission for distribution on a dual status basis.

5(a) Where a licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a modified dual status basis, that is, on a discretionary basis, unless the licensee and the programming service operator agree to its distribution as part of the basic service:

(a) The Comedy Network;

(b) History and Entertainment Network;

(c) Teletoon;

(d) CTV News 1;

(e) Canadian Learning Television;

(f) S3 CTV Regional Sports;

(g) Report on Business Television;

(h) TreeHouse TV;

(i) Prime TV;

(j) Space;

(k) Outdoor Life;

(l) Home and Garden Television (HGTV);

(m) Star Entertainment;

(n) Pulse 24;

(o) Sportscope Plus;

(p) MuchMoreMusic;

(q) Talk TV;

(r) Le Canal Vie;

(s) Le Canal Nouvelles;

(t) Musimax;

(u) Canal Z, aux limites du savoir;

(v) Canal Fiction;

(w) Canal Évasion;

(x) Canal Histoire; and

(y) any other specialty programming service that may be designated by the Commission for distribution on a modified dual status basis.

5(b) Notwithstanding paragraph 5(a) and except as otherwise provided under a condition of its licence, where a licensee that operates an undertaking in a French-language market distributes any of the following programming services, the licensee must distribute that service solely on a discretionary basis within a tier made up exclusively of French-language programming services. All of the following services, depending on their availability, must be part of the same tier:

Canal Z, aux limites du savoir;

Canal Fiction;

Canal Évasion; and

Canal Histoire.

6. Where a Class 1 licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a modified dual status basis, that is, on a discretionary basis, unless the licensee and the programming service operator agree to its distribution as part of the basic service:

(a) Life Network;

(b) Showcase;

(c) Bravo!;

(d) WTN;

(e) Discovery Channel;

(f) Arts et Divertissement; and

(g) any other specialty programming service that may be designated by the Commission for distribution by Class 1 licensees on a modified dual status basis.

7. Where a Class 2 licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a dual status basis, that is, as part of the basic service unless the operator of that service consents in writing to its distribution as a discretionary service:

(a) Life Network;

(b) Showcase;

(c) Bravo!;

(d) WTN;

(e) Discovery Channel;

(f) Arts et Divertissement; and

(g) any other specialty programming service that may be designated by the Commission for distribution by Class 2 licensees on a dual status basis.

8. Except as otherwise provided under a condition of its licence, where a licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service:

(a) any pay television service or any television pay-per-view service offered by a pay television undertaking;

(b) any satellite service as set out in the List of Part 2 Eligible Satellite Services, other than a Part 2 eligible satellite service that the licensee was authorized to distribute as part of its basic service before June 3, 1993, or any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian satellite services;

(c) Fairchild Television;

(d) Talentvision;

(e) Telelatino;

(f) Odyssey;

(g) South Asian Television;

(h) any single or limited point-of-view religious specialty service; and

(i) any other specialty programming service that is designated by the Commission for carriage on a discretionary only basis.

9. Except as otherwise provided under a condition of its licence, where a licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service on a digital basis:

(a) Sports/Specials Pay-Per-View; and

(b) any other pay television, pay-per-view or specialty programming service that may be designated by the Commission for carriage exclusively as a discretionary service on a digital basis.

10. Where a licensee is authorized under the Broadcasting Distribution Regulations or a condition of its licence to distribute, on a discretionary basis, United States independent or duplicate network stations, each such service must be distributed on a separate channel.

Linkage requirements with respect to programming services, other than single or limited point of view religious services, distributed as discretionary services

11. The non-Canadian satellite services specified in the List of Part 2 Eligible Satellite Services may only be offered in a package with Canadian pay television and/or Canadian specialty services, and such a package must be distributed on a discretionary basis, subject to the following linkage requirements:

(a) a Canadian pay television service may be linked in a given discretionary tier with no more than five channels containing any of the non-Canadian-originated services specified in either Section A or Section B of the List of Part 2 Eligible Satellite Services, but in no case can a licensee distribute more than five channels of non-Canadian-originated services linked with Canadian pay television services, regardless of the number of Canadian pay television services distributed by the licensee;

(c) a licensee is not permitted to offer a tier containing only non-Canadian services.

Linkage requirements with respect to single or limited point of view religious services distributed as discretionary services

12. Each Canadian single or limited point of view religious pay or specialty service may be offered in a package only with other Canadian single or limited point of view religious pay or specialty services, and with any non-Canadian religious satellite services as may be set out in a future list of eligible non-Canadian satellite services, and all such services must be distributed as discretionary services, subject to the following linkage requirements:

(a) each Canadian single or limited point of view religious pay service may be linked in a single discretionary tier with no more than five channels containing eligible non-Canadian religious satellite services, but in no case can a single discretionary tier, whose Canadian component consists only of single or limited point of view religious pay services, contain more than five channels containing eligible non-Canadian religious satellite services, regardless of the number of Canadian single or limited point of view religious pay services included in that tier;

(b) each Canadian single or limited point of view religious specialty service may be linked, within a discretionary tier that may include one or more Canadian single or limited point of view religious services, with no more than one channel containing any of the eligible non-Canadian religious satellite services; and

(c) a licensee is not permitted to offer a tier containing only non-Canadian religious satellite services.

May 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-91

1. Across Canada
Pulse 24 Inc.

To amend the licence for its national English-language specialty television service. Pulse 24 has requested the addition of a condition of licence that will permit it, during Canadian election periods, to exclude partisan political advertising from the calculations of the amount of advertising that it broadcasts. The Specialty Services Regulations, 1990 do not specify a maximum hourly amount of advertising material that licensees of specialty services may broadcast. Instead, advertising limits for such licensees are regulated by condition of licence, on an individual basis. The licensee has applied for the flexibility granted conventional television broadcasters through the amendment to the Television Broadcasting Regulations, 1987 (Public Notice CRTC 1995-159).

2. London, Wingham and Wheatley, Ontario
CHUM Limited

These applications propose amendments to condition of licence 1(i) which specifies the amounts the licensee must expend on Canadian programming, on a combined basis, for CFPL-TV London, CKNX-TV Wingham and CHWI-TV Wheatley. The proposed condition would result in the expenditure of approximately $2.8 million less for the year ending August 31, 1998, and $2 million less for the year ending August 31, 1999, than that required under the existing condition.

Deadline for intervention: June 29, 1999

May 21, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-92

1. Across Canada
Canal Indigo S.E.N.C.

Licensee of a national, digital, French-language video-on-demand (VOD) programming undertaking. This application requests the removal of a condition of licence which requires the licensee to purchase certain exhibition rights for feature films from Canadian sources. The applicant states that this condition represents a serious obstacle to the acquisition of films for its VOD service.

2. Across Canada
Electronic Digital Delivery Inc.

Licensee of a national, digital, English and French-language video-on-demand (VOD) programming undertaking. This application requests the removal of a condition of licence which requires the licensee to purchase certain exhibition rights for feature films from Canadian sources. The applicant states that this condition represents a serious obstacle to the acquisition of films for its VOD service.

3. Across Canada
Viewer's Choice Canada Inc.

Licensee of a national, digital, English-language video-on-demand (VOD) programming undertaking. This application requests the removal of a condition of licence which requires the licensee to purchase certain exhibition rights for feature films from Canadian sources. The applicant states that this condition represents a serious obstacle to the acquisition of films for its VOD service.

4. Across Canada
WIC Premium Television Ltd.

Licensee of a national, digital, English and French-language video-on-demand (VOD) programming undertaking. This application requests the removal of a condition of licence which requires the licensee to purchase certain exhibition rights for feature films from Canadian sources. The applicant states that this condition represents a serious obstacle to the acquisition of films for its VOD service.

5. Across Canada
Alliance Communications Corporation and Shaw Communications Inc., on behalf of a general partnership

Licensee of a national, digital, English-language video-on-demand (VOD) programming undertaking. This application requests the removal of a condition of licence which requires the licensee to purchase certain exhibition rights for feature films from Canadian sources. The applicant states that this condition represents a serious obstacle to the acquisition of films for its VOD service.

Deadline for intervention: July 2, 1999

May 27, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-93

Advertising Internet Services on Community Channels or During "Local Availabilities"

Summary

Broadcasting Distribution Undertakings (BDUs) such as cable systems deliver a variety of programming services to their customers. Many also offer a community channel as an outlet for local expression. In addition, some BDUs provide other services such as retail level Internet Services.

The purpose of this public notice is to inform interested parties that a BDU may not distribute promotions on its community channel for a non-programming service such as a retail Internet Service.

This is consistent with the Commission's determination that a BDU that is authorized to use "local availabilities" for the promotion of discretionary programming services and packages, customer service information, etc., may not use such availabilities to provide commercial advertisements for its retail Internet Services.

"Local availabilities" refers to places in the programming of United States satellite services where opportunities are provided for BDUs to insert promotional messages.

Background: Complaint and Telecom Decision 98-9

1. In a letter dated February 21, 1996, QuébecTel Communications (QuébecTel) complained that Cogeco Câble Canada inc. (Cogeco) was using the community channel of its cable system in Rimouski to promote its own Internet Services. The Commission summarized the complaint in Telecom Decision CRTC 98-9, Regulation under the Telecommunications Act of Certain Services Offered by Broadcast Carriers, July 9, 1998. The decision also noted Cogeco's position that its practice was in conformity with the Broadcasting Act (the Act), and that Cogeco considered that the Act was the relevant legislation with respect to such issues.

Submissions subsequent to Decision 98-9

2. In September 1998, Commission staff wrote to Cogeco requesting an update on its practices with respect to advertising Internet Services on the community channel. Cogeco answered by letter dated September 24, 1998, stating that it was not currently advertising Internet Services on its cable systems.

3. In a letter dated September 30, 1998, QuébecTel responded that even though Cogeco stated that it did not now advertise Internet Services on its community channels, nothing would prevent it from doing so again in the future. QuébecTel added that a distribution undertaking that uses its community channel to advertise its own Internet Service could be giving itself an undue preference, contrary to section 9 of the Broadcasting Distribution Regulations (the Regulations).

4. Cogeco submitted, in a letter dated October 5, 1998, that QuébecTel's complaint, filed before entry into force of the new Regulations, should be considered moot, since Cogeco had already ceased to distribute promotions for its Internet Services on its community channel.

The Commission's determination

5. Section 27 of the Regulations permits advertising over the community channel in only a limited number of circumstances. Subsection 27(1) of the Regulations states, in part, that a licensee shall not distribute on the community channel any programming service other than "(b) an announcement promoting broadcasting services that the licensee is authorized to provide."

6. The Commission wishes to emphasize that paragraph 27(1)(b) of the Regulations does not permit a licensee to distribute an announcement promoting a non-programming service. Rather, under this paragraph, a licensee is only permitted to distribute an announcement promoting broadcasting programming services that it is authorized to provide under the Act. Accordingly, a BDU licensee is not permitted to distribute an announcement that promotes a retail Internet Service.

7. Similarly, a BDU is not permitted under section 27 of the Regulations to distribute video demonstrations or promotions of its retail Internet Services on the community channel. Moreover, the limited types of advertising permitted on the community channel do not include a video of the launch of a BDU's own retail Internet Services. These are examples of announcements or promotions aimed at generating a positive image for the BDU, with a view to encouraging customers to subscribe to the BDU's own retail Internet Service.

8. The Commission notes that should a BDU start to advertise its own retail Internet Services on the community channel, this practice could have an anti-competitive impact on other Internet Service providers in the area. Such harm would generally be difficult to redress.

Similar situation: Use of "local availabilities"

9. In a similar situation, the Commission wishes to clarify that it would be contrary to its condition of licence for a BDU to use "local availabilities" on United States specialty channels to distribute commercial advertisements for its own retail Internet Service.

10. The applicable condition, which several BDUs have applied for and received, states that 25 percent of local availabilities may be made available for the promotion of discretionary programming services and packages, customer service information, channel realignments, cable FM service and additional cable outlets.

11. The Commission has determined that the list of services that a BDU may promote, which are referred to in the condition of licence, does not include a non-programming service that is available on a commercial basis. Accordingly, a promotion or advertisement for a retail Internet Service is not to be inserted into "local availabilities" on United States specialty channels since it does not fall within the above-noted condition of licence.

May 27, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-94

Western Canada and Territories Region

1. South Indian Lake and Waterhen Indian Reserve, Manitoba
Native Communication Inc.

The licensee is proposing to place transmitters of CINC-FM at South Indian Lake and Waterhen Indian Reserve, operating on the frequencies 96.9 MHz (channel 245LP) and 93.5 MHz (channel 228LP), respectively. Approval of these applications would require an amendment to the broadcasting licence of CINC-FM Thompson.

2. Etzikom, Alberta
Canadian Broadcasting Corporation

To amend the broadcasting licence of the (radiocommunication) distribution undertaking CBCA-TV-1 Etzikom, by decreasing the effective radiated power from 27 000 to 16 000 watts.

3. Hagensborg, British Columbia
Hagensborg T.V. Society

To amend the broadcasting licence of the radiocommunication distribution undertaking serving Hagensborg. The applicant is seeking approval to begin the distribution of The Arts and Entertainment Network on channel 13 with a transmitter power of 10 watts, and to increase the transmitter power of the channel used to distribute CHAN-TV (CTV) Vancouver, British Columbia, from 5 to 10 watts.

4. Vancouver, British Columbia
Fairchild Radio (Vancouver FM) Ltd.

The applicant requests an amendment to the broadcasting licence of CHKG-FM Vancouver. The applicant is requesting permission to broadcast predominantly Persian-language programming, using a Subsidiary Communications Multiplex Operations (SCMO) channel. Programming broadcast using an SCMO is not accessible with standard radio equipment, and requires instead the use of a special receiver. The applicant's proposal would require the addition of a condition of licence.

Deadline for intervention: July 2, 1999

May 28, 1999

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NAFTA SECRETARIAT

DECISION

Hot-rolled Carbon Steel Plate

Notice is hereby given, pursuant to rule 70 of the NAFTA Article 1904 Panel Rules, that the panel established to review the final determination made by the Canadian International Trade Tribunal respecting certain hot-rolled carbon steel plate, originating in or exported from Mexico issued its decision on Standard of Review and Remand Order on May 19, 1999 (Secretariat File No. CDA-97-1904-02).

In the May 19, 1999 decision, the binational panel remanded to the investigating authority to determine whether a separate order and further whether separate reasons are required under subsection 43(1.01) of the Special Import Measures Act (SIMA) respecting certain hot-rolled carbon steel plate, originating in or exported from Mexico.

The binational panel instructed the investigating authority to provide its determination on remand by June 21, 1999.

Copies of the complete decision may be obtained from Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S9, (819) 956-4802 (Telephone), (819) 994-1498 (Facsimile).

Explanatory Note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in anti-dumping 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 expeditiously review final determinations to determine whether they are in accordance with the anti-dumping 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, North American Free Trade Agreement, Royal Bank Centre, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 992-9388.

DENIS FORTIER
Deputy Secretary

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PUBLIC SERVICE COMMISSION

LEAVE OF ABSENCE GRANTED

The Public Service Commission, pursuant to subsection 33(4) of the Public Service Employment Act, hereby gives notice that it has granted leave of absence without pay, pursuant to subsection 33(3) of the said Act, to Mrs. Odette Babineau, Records Management Clerk (CR-03), Superannuation Directorate, Atlantic Region, Public Works and Government Services Canada, Shediac, New Brunswick, to allow her to be a candidate in the June 7, 1999 New Brunswick provincial election in the riding of Shediac—Cap-Pelé.

May 21, 1999

RUTH HUBBARD
President

MARY GUSELLA
Commissioner

GINETTE STEWART
Commissioner

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