Vol. 133, No. 30 — July 24, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Construction Services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-99-016) from a joint venture formed by Métro Excavation inc. and Entreprise Marissa inc. (the complainant), of Beauport, Quebec, concerning a procurement (Solicitation No. EE517-9-0001/A) by the Department of Public Works and Government Services (the Department). The solicitation is for maintenance dredging services on the North Traverse, in the Montmorency, Quebec, riding. 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 this complaint.

It is alleged that the Department has improperly declared the complainant's proposal non-compliant.

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 (Facsimile).

Ottawa, July 13, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Electrical and Electronics

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-99-018) from Am-Tech Power Systems Ltd. (the complainant), of Ottawa, Ontario, with respect to a procurement (Solicitation No. EHA36-9-6029) by the Department of Public Works and Government Services (the Department). The solicitation is for the replacement of a base building emergency generator. 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 this complaint.

It is alleged that the Department has improperly found the complainant's proposal to be non-compliant.

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 (Facsimile).

Ottawa, July 15, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-99-004

Appeal

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal listed hereunder. Unless otherwise specified, the hearing will be held beginning at 9:30 a.m., in the Tribunal's hearing room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearing will be held as scheduled.

Customs Act

Appellant v. Respondent (Deputy Minister of National Revenue)

August 1999

Date	Appeal Number	Appellant
23	AP-98-108	Naturin Canada Inc.
	Goods in Issue:	Fibrous sausage casings
	Date of Entry:	August 24, 1996
	Tariff Items at Issue
	Appellant:	4823.90.91
	Respondent:	3917.10.12

July 16, 1999

By Order of the Tribunal

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

REVIEW OF FINDING

Fresh, Whole, Delicious and Red Delicious Apples

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76(2) of the Special Import Measures Act, review its finding made on February 9, 1995, in Inquiry No. NQ-94-001, concerning fresh, whole, Delicious and Red Delicious apples, originating in or exported from the United States of America, excluding fresh, whole, Delicious and Red Delicious apples imported under the authority of a ministerial exemption issued pursuant to the Canada Agricultural Products Act and the Fresh Fruit and Vegetable Regulations as well as excluding the period of July 1 to September 30 in each calendar year (Review No. RR-99-001).

Notice of Expiry No. LE-99-001, issued May 7, 1999, informed interested persons and governments of the impending expiry of the finding. On the basis of available information, including representations requesting the initiation of a review received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the finding is warranted.

Letters have been sent to parties with a known interest in the review providing them with the schedule for the review. The schedule specifies, among other things, the date for the filing of replies to Tribunal questionnaires, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of appearance and the dates for the filing of submissions by interested parties.

Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why the information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Public Hearing

A public hearing relating to this review will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing on November 22, 1999, at 9:30 a.m., to hear evidence and representations by interested parties.

Each interested person or government wishing to participate at the hearing as a party must file a notice of appearance with the Secretary on or before August 11, 1999. Each counsel who intends to represent a party at the hearing must file a notice of appearance as well as a declaration and undertaking with the Secretary on or before August 11, 1999.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government and each counsel filing a notice of appearance must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.

The Canadian International Trade Tribunal Rules govern these proceedings.

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

Written submissions, correspondence or requests for information regarding this review 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 (Facsimile).

Written and oral presentations to the Tribunal may be made in English or in French.

Ottawa, July 14, 1999

MICHEL P. GRANGER
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, 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.

99-160-1 July 16, 1999

Canadian Broadcasting Corporation
Montréal, Quebec

The Commission hereby corrects Decision CRTC 99-160 dated July 7, 1999, by deleting the NAV/COM paragraph.

99-170 July 14, 1999

Maritime Broadcasting System Limited
Kentville; Middleton, etc., Nova Scotia

Approved — Acquisition of the assets of CKEN and CKWM-FM Kentville, CKAD Middleton, CFAB Windsor, CKDY Digby and CKDY-FM-1 Weymouth, from Annapolis Valley Radio Ltd. (Annapolis). The licences will expire August 31, 2004.

99-171 July 14, 1999

Jim Pattison Industries Ltd., a wholly-owned subsidiary of Jim Pattison Ltd.
Kelowna, British Columbia

Approved — Acquisition of the assets of CKLZ-FM and CKOV Kelowna from 549501 British Columbia Ltd. The licences will expire August 31, 2004.

99-172 July 14, 1999

Telemedia Radio Inc. (formerly Télémédia Communications Inc.)
Hamilton; and London, Ontario

Approved — Acquisition of the assets of CKOC and CKLH-FM Hamilton from Radiocorp Inc., as well as the assets of CJBK and CJBX-FM London from London Communications Ltd. The licences will expire August 31, 2005.

99-173 July 15, 1999

Community Communications Ltd.
Surrey, British Columbia

Denied — Broadcasting licence for an English-language low power (27 watts) specialty FM radio station at Surrey.

99-174 July 15, 1999

P.L.M. Broadcasting Ltd.
Tofino, British Columbia

Approved — Broadcasting licence for an English-language low-power FM radio programming undertaking at Tofino, expiring August 31, 2005.

99-175 July 15, 1999

Micmac Historical Cultural Art Society
Restigouche (Listuguj), Quebec

Approved — Broadcasting licence for a low-power English- and Native-language FM radio programming undertaking at Restigouche (Listuguj), expiring on August 31, 2005.

99-176 July 15, 1999

WIC Radio Ltd.
Edmonton, Alberta

Approved — Licence for an English-language radio network to broadcast the National Hockey League games of the Edmonton Oilers, expiring August 31, 2002.

99-177 July 15, 1999

WIC Radio Ltd.
Edmonton, Alberta

Approved — Licence for an English-language radio network to broadcast all pre-season, regular and playoff games of the Edmonton Eskimos until the end of the 2002 season of the Canadian Football League. The licence will expire November 30, 2002.

99-178 July 15, 1999

Newfoundland, New Brunswick, Ontario and Saskatchewan

Renewed — Broadcasting licences for the radio and television programming undertakings listed in the appendix to the decision, from September 1, 1999, to February 29, 2000.

99-179 July 16, 1999

Learning and Skills Television of Alberta Limited
Province of Alberta

Approved — Amendment to condition of licence 10(a) to allow the licensee to distribute 12 minutes of advertising material during each clock hour rather than the currently authorized 6 minutes.

99-180 July 16, 1999

Conestoga College, on behalf of a non-profit organization to be incorporated to be known as Conestoga College Communications Corporation
Kitchener/Paris, Ontario

Approved — Broadcasting licence for an English-language campus/instructional FM radio programming undertaking at Kitchener/Paris, expiring August 31, 2001.

99-181 July 16, 1999

Connelly Communications Corporation
Kirkland Lake, Ontario

Approved — Application to replace AM station CJKL Kirkland Lake with a new English-language FM station. The licence will expire August 31, 2005.

Approved — Request for an exception to the policy requiring less than 50 percent hits.

99-182 July 16, 1999

1311831 Ontario Limited
North Bay, Ontario

Approved — Broadcasting licence for a low-power English-language FM radio programming undertaking at North Bay. The licence will expire August 31, 2005.

99-183 July 16, 1999

Shaw Cablesystems Ltd.
Calgary, Airdrie, etc. Alberta

Approved — Licence for a regional cable distribution undertaking to serve Calgary, Airdrie, Cochrane, Crossfield, Strathmore and Chestermere Lake. The licence will expire August 31, 2005.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-113

1. Across Canada
CHUM Limited

To amend the broadcasting licence for its national specialty television programming service MuchMusic by establishing up to five repeat channels. These channels would be available for either analogue or digital transmission, but distributors would not be required to carry them, according to rules set out in section 19 of the Broadcasting Distribution Regulations.

2. Nipigon, Ontario
The Ontario Educational Communications Authority (TVOntario)

To amend the educational television programming undertaking licence of CICA-TV Toronto by adding a low-power transmitter at Nipigon, Ontario, operating on channel 32 with a transmitter power of 20 watts.

Deadline for intervention: August 17, 1999

July 12, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-114

Western Canada and Territories Region

1. Whistler, British Columbia
Rogers Broadcasting Limited

To amend the broadcasting licence for CISW-FM Whistler. Rogers proposes to decrease the effective radiated power from 900 to 586 watts and to relocate the transmitter to a site six kilometres northeast of the presently authorized site.

Deadline for intervention: August 18, 1999

July 14, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-115

1. Across Canada
CTV Sports Net Inc. (Sports Net)

To amend the broadcasting licence for its national English-language specialty programming undertaking known as Sports Net. Approval of the application would permit Sports Net to deliver multiple feeds to a single broadcasting distribution undertaking on a digital-only basis.

2. Across Canada
The Partners of Prime TV (Prime TV)

Prime TV proposes to amend the broadcasting licence for its specialty programming undertaking by replacing the condition of licence which specifies that television series in category 7 (Drama) [a, b, c, f] broadcast by the licensee shall have been copyrighted at least ten years prior to the broadcast year in which they are aired. Instead, Prime TV proposes the following:

1b) The television programs in category 7 (Drama) [a, b, c, f] broadcast by the licensee shall exclude foreign programming broadcast by affiliates of foreign conventional networks distributed in Canada during the same year.

The licensee indicated that the existing condition prevents it from airing recent Canadian dramatic programs and forces it to spend on non-drama programming which is less attractive to audiences.

Deadline for intervention: August 23, 1999

July 16, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-116

Quebec and Atlantic Region

1. Aupaluk, Quebec
Aupaluk Youth Committee

To renew the broadcasting licence of the cable distribution undertaking serving Aupaluk expiring August 31, 1999; and to amend the broadcasting licence by adding the following condition of licence:

It is a condition of licence that, for community programming and any other programming of a service that it originates, the licensee adhere to the guidelines on the depiction of violence in television programming set out in the Canadian Association of Broadcasters' (CAB) Voluntary Code Regarding Violence in Television Programming, as amended from time to time and approved by the Commission.

2. Kangiqsujuaq, Quebec
Kiggavik Cable Distribution Inc.

To renew the broadcasting licence of the cable distribution undertaking serving Kangiqsujuaq expiring August 31, 1999; and to amend the broadcasting licence by adding the following condition of licence:

It is a condition of licence that, for community programming and any other programming of a service that it originates, the licensee adhere to the guidelines on the depiction of violence in television programming set out in the Canadian Association of Broadcasters' (CAB) Voluntary Code Regarding Violence in Television Programming, as amended from time to time and approved by the Commission.

Deadline for intervention: August 20, 1999

July 16, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-117

Ethnic Broadcasting Policy

Summary

This document sets out the Commission's revised policy for ethnic broadcasting, concluding the review announced in Public Notice CRTC 1998-135. In developing the revised policy, the Commission considered written submissions and presentations made at public consultations in five different locations across Canada.

Subparagraph 3(d)(iii) of the Broadcasting Act states, in part, that the Canadian broadcasting system should reflect the circumstances and aspirations of Canadians, including the multicultural and multiracial nature of Canadian society. As one way of furthering this objective, the Commission has licensed ethnic television and radio broadcasters that specialize in providing ethnic programming. Ethnic programming is programming directed to any culturally or racially distinct group other than one that is Aboriginal Canadian, or from France or the British Isles. Such programming may be in any language or combination of languages.

The Commission has decided to continue the basic framework of the 1985 ethnic broadcasting policy. It considers that this policy had led to a substantial increase in the diversity of the Canadian broadcasting system through the emergence of many new ethnic broadcasting stations. Many participants in the review emphasized how valuable the programming of these stations was to them, their families, their cultural groups and to their integration into Canadian society.

The changes to the 1985 policy that the Commission is now making are designed to provide more flexibility to the broadcasting industry and to streamline regulatory requirements, while still ensuring that the core objectives of the policy continue to be met.

Ethnic radio and television stations will continue to be required to devote at least 60 percent of their schedule to ethnic programming. The Commission will, however, also require ethnic radio and television stations to devote at least half of their schedules to programming in third languages, that is, in languages other than French, English or an Aboriginal language. This will ensure that the Canadian broadcasting system reflects Canada's linguistic diversity.

The review clearly demonstrated that there is a wide demand for ethnic programming. However, limitations on the number of radio and television frequencies available make it impossible to license separate over-the-air stations for each ethnic group. In addition, smaller groups do not have the financial resources to sustain their own services. Therefore, ethnic stations will continue to be required to serve a broad range of ethnic groups within their service area (broad service requirement). However, when setting the number of groups that each station must serve, the Commission will consider the quality of service to each group and the existing level of ethnic programming from all sources in the market. As such, in some cases, individual ethnic stations may be permitted to serve fewer groups in some communities.

The existing Canadian content requirements for ethnic radio and television stations will not be changed.

Ethnic stations play an important role in serving local communities. They will, therefore, be expected to provide, at time of licensing and renewal, plans on how they will reflect local issues and concerns.

The Commission will not limit the amount of ethnic programming in French and English that non-ethnic stations may air. Such stations may, however, devote no more than 15 percent of their schedules to third-language programming, unless they obtain Commission approval for an increase up to 40 percent. This will ensure that non-ethnic stations have maximum flexibility to reflect the communities they serve while providing ethnic stations some protection in view of their obligation to serve a broad range of ethnic groups.

In recognition of their particular roles, campus radio stations in markets without an ethnic station, and Type A community radio stations will be allowed to provide up to 40 percent third-language programming without seeking Commission approval. Type A community stations provide the only private radio service in English or French in a community.

The Commission will address issues respecting the authorization of foreign ethnic services and the licensing of new Canadian ethnic specialty services in another public notice to be issued at a later date.

July 17, 1999

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NATIONAL ENERGY BOARD

PUBLIC HEARING

Maritimes & Northeast Pipeline Management Ltd. — Saint John Lateral Pipeline Project Application

The National Energy Board (Board) has scheduled a public hearing with respect to an application made by Maritimes & Northeast Pipeline Management Ltd. (M&NP) under the National Energy Board Act for certain facilities to be constructed and operated by M&NP, hereinafter referred to as the Saint John Lateral.

The oral portion of the hearing will commence at 9:00 a.m., local time, Tuesday, October 12, 1999, at The Algonquin, 184 Adolphus Street, St. Andrews, New Brunswick.

The Saint John Lateral would consist of approximately 102 km (63 miles) of 406.4 mm outside diameter (O.D.) nominal pipe size 16 (NPS 16) pipeline from a point on M&NP's mainline near Big Kedron Lake, New Brunswick, to the City of Saint John, and approximately 8 km (5 miles) of 114.3 mm O.D. (NPS 4) pipeline and associated facilities to the Lake Utopia area. It would also include associated metering, control and pressure regulation facilities.

On October 2, 1998, the Board delegated the preparation of the Comprehensive Study Report (CSR), an environmental assessment of the Saint John Lateral, to M&NP pursuant to section 17 of the Canadian Environmental Assessment Act (CEAA). The CSR has been forwarded to the Canadian Environmental Assessment Agency for review, public consultation and a ministerial decision. If the Minister of the Environment decides that the project is likely to cause significant adverse environmental effects that cannot be justified or that the project should be referred to mediation or a review panel, then the GH-4-99 proceeding will be suspended.

Any person interested in the hearing should consult the Board's Directions on Procedure, Hearing Order GH-4-99, for further background and instructions. The Directions on Procedure may be obtained by calling the Board toll-free at 1-800-899-1265 and specifying M&NP's Saint John Lateral Pipeline Project Application or the GH-4-99 proceeding. The Directions on Procedure may also be accessed through the Board's Internet site at www.neb.gc.ca (click on "Regulatory Update" and then on "Hearing Orders for Upcoming Hearings").

Any person wishing to intervene in this proceeding must file a written intervention, including a telephone number where the person may be contacted, with the Secretary of the Board by July 29, 1999, and serve one copy on the Applicant at the following address: Ms. Nancy Cowan, Manager, Regulatory Affairs, Maritimes & Northeast Pipeline Management Ltd., 1801 Hollis Street, Suite 1600, Halifax, Nova Scotia B3J 3N4, (902) 420-0197 (Telephone), (902) 425-4592 (Facsimile), ncowan@ mnpp.com (Electronic mail); and on its counsel: Mr. L. E. Smith, Bennett Jones, 4500 Bankers Hall East, 855 Second Street SW, Calgary, Alberta T2P 4K7, (403) 298-3315 (Telephone), (403) 265-7219 (Facsimile), smithl@bennettjones.ca (Electronic mail).

The Applicant will provide a copy of its application, any amendments and all documents related thereto to each intervenor.

Any person wishing only to comment on the application may do so either orally or in writing. A written notice of your intention to provide oral comments, or any written comments, is required to be received by August 19, 1999, by Michel L. Mantha, Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile).

The Applicant shall make available for public viewing, during normal business or operating hours, a copy of its application and all related documentation at the following locations:

Fredericton: Maritimes & Northeast Pipeline Management Ltd.
65 Regent Street, Suite 220
Fredericton, New Brunswick

Saint John: Saint John Public Library
Central Library
1 Market Square
Saint John, New Brunswick

Saint John: Saint John Public Library
West Branch Library
Lancaster Mall
621 Fairville Boulevard
Saint John, New Brunswick

Saint John: Saint John Public Library
East Branch Library
Westmorland Mall
545 Westmorland Road
Saint John, New Brunswick

St. George: St. George Library
Town Hall
1 School Street
St. George, New Brunswick

Halifax: Maritimes & Northeast Pipeline Management Ltd.
1801 Hollis Street
Suite 1600
Halifax, Nova Scotia

A copy of the application is also available for viewing at the Board's library located on the main floor of the Barclay Centre at 444 Seventh Avenue SW, Calgary, Alberta.

July 14, 1999

MICHEL L. MANTHA
Secretary

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