Vol. 133, No. 31 — July 31, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

EDP Hardware and Software

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-99-020) from IBM Canada Ltd (the complainant), of Ottawa, Ontario, concerning a procurement (Solicitation No. EN869-9-4022/A) by the Department of Public Works and Government Services (the Department). The solicitation is for the lease of mainframes. 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 21, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Transportation Equipment and Spares

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-99-017) from Liftow Limited, of Ottawa, Ontario, concerning a procurement (Solicitation No. 31184-9-4225/A) by the Department of Public Works and Government Services (the Department). The solicitation is for the supply of a forklift truck. 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 interpreted a requirement of the solicitation as being non-mandatory.

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 21, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Black Granite Memorials and Black Granite Slabs

In the matter of a review (Review No. RR-98-006), under subsection 76(2) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on July 20, 1994, in Inquiry No. NQ-93-006 concerning black granite memorials of all sizes and shapes and black granite slabs in thicknesses equal to or greater than three inches originating in or exported from India

The Canadian International Trade Tribunal, under the provisions of subsection 76(2) of the Special Import Measures Act, has conducted a review of its finding made on July 20, 1994, in Inquiry No. NQ-93-006.

Pursuant to subsection 76(4) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby continues the above-mentioned finding without amendment.

Ottawa, July 19, 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

DECISION

The complete text of the decision summarized below is available from the offices of the CRTC.

99-184 July 21, 1999

Affinity Radio Group Inc.
St. Catharines, Ontario

Approved — Acquisition of the assets of CHRE-FM St. Catharines from Redmond Broadcasting Inc. The licence will expire August 31, 2003.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 1999-7

The Commission will hold a public hearing commencing on October 4, 1999, at 9 a.m. (Issue No. 1) at the Commission Headquarters, 1 Promenade du Portage, Hull, Quebec, to consider the following:

Atlantic and Quebec Region

1. MacEachern Broadcasting Limited
Port Hawkesbury, Nova Scotia

For a broadcasting licence to carry on an English-language FM radio programming undertaking at Port Hawkesbury. The new station would operate on frequency 101.5 MHz (channel 268B) with an effective radiated power of 19 000 watts, upon surrender of the current licence issued for CIGO Port Hawkesbury. The new FM station would replace AM station CIGO and would adopt CIGO's current Adult/Contemporary format.

2. Allan Paul ("Paul Communications")
Kahnawake, Quebec

The applicant is requesting a broadcasting licence for a cable distribution undertaking at Kahnawake. The undertaking would be linked by optical fibre to the Vidéotron ltée undertaking and would provide an identical distribution.

3. Vidéotron ltée
Montréal and vicinity, Quebec

To amend the broadcasting licence of the cable distribution undertaking serving Montréal and the vicinity. Vidéotron ltée would exclude the community of Kahnawake from the authorized service area of its undertaking. However, this application is conditional on Commission approval of application for a new cable distribution undertaking at Kahnawake by Alan Paul ("Paul Communications") which is also scheduled at this public hearing.

4. Power Broadcasting Inc.
Rimouski, Quebec

For a broadcasting licence to carry on a French-language FM radio programming undertaking at Rimouski. The new station would operate on frequency 102.9 MHz (channel 275B) with an effective radiated power of 33 600 watts, upon surrender of the current licence issued for CFLP Rimouski. The new FM station would replace AM station CFLP and would adopt the Adult/Contemporary (Rock oriented) format.

5. Angela Demers, on behalf of AD Communications, a company to be incorporated
Kapuskasing, Ontario

For a broadcasting licence to carry on an English-language low power FM radio programming undertaking at Kapuskasing. The new station would operate on frequency 94.1 MHz (channel 231LP) with an effective radiated power of 50 watts.

6. Rogers Ottawa Limited/Limitée
Ottawa and surrounding areas, Ontario

The applicant is requesting a broadcasting licence for a regional cable distribution undertaking at Ottawa and surrounding areas. The proposed regional licence will replace the current individual licences held by the applicant for Ottawa East (part of Ottawa, Vanier, Rockliffe Park, Gloucester, part of Nepean and parts of the Rideau, Osgoode, Cumberland and Russell Townships), Ottawa West (part of Ottawa, part of Nepean, Kanata, parts of the Townships of March and Goulbourn, Almonte and Carleton Place) and Carp, Ontario.

Deadline for intervention: September 9, 1999

July 23, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-118

Call for Comments on a Proposed Exemption Order for New Media Broadcasting Undertakings

Summary

The Commission calls for comments on a proposed order that would exempt from regulation, without terms or conditions, all new media broadcasting undertakings that provide broadcasting services in whole or in part in Canada. New media broadcasting undertakings are those undertakings that provide broadcasting services over the Internet.

This means that new media broadcasting undertakings would not be subject to licensing by the Commission. The Commission wishes to emphasize that the proposed exemption order does not apply to other broadcasting activities in which a new media broadcasting undertaking may be involved, e.g. over-the-air radio and television broadcasting.

The Commission will accept comments that it receives on or before August 31, 1999.

Background

On May 17, 1999, the Commission issued Broadcasting Public Notice CRTC 1999-84/Telecom Public Notice CRTC 99-14, Report on New Media (the report). This report set out the Commission's approach for new media broadcasting undertakings.

In the report, the Commission concluded that for those broadcasting undertakings that offer new media services that fall under the definition of "broadcasting" in section 2 of the Broadcasting Act (the Act), regulation is not necessary to achieve the objectives of the Act. It stated that it would issue a proposed exemption order without terms or conditions in respect of all new media broadcasting undertakings that provide broadcasting services over the Internet in whole or in part in Canada.

The Commission's Policy on Exemption Orders

Subsection 9(4) of the Act states:

The Commission shall, by order, on such terms and conditions as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all requirements of this Part or of a regulation made under this Part where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).

In Public Notice CRTC 1996-59 dated April 26, 1996, the Commission outlined its policy regarding the use of exemption orders, and stated that it would exempt classes of broadcasting undertakings only where the following two criteria are met:

It is evident to the Commission that the licensing and the regulation of the class of undertaking will not result in a significantly greater contribution to the Canadian broadcasting system, whether with respect to the Canadian programming carried by the undertakings of that class, or the expenditures on Canadian programming made by such undertakings; and, it is evident to the Commission that undertakings operating under the exemption order will not have an undue impact on the ability of licensed undertakings to fulfil their regulatory requirements.

With respect to the first criterion for the use of exemption orders, the Commission noted in the report that, without regulation, the Internet is providing, among other things, Canadian content, as well as valuable sources of information and other services to many Canadians that are otherwise unavailable. The Commission concluded that to impose licensing on new media broadcasting undertakings would not contribute in any way to their development or to the benefits that they have brought to Canadian users, consumers and businesses.

With respect to the second criterion, the Commission considers that new media broadcasting undertakings have not had any detrimental impact on conventional radio and television audiences or on the advertising revenues of traditional broadcasters.

For these reasons, the Commission is of the view that exempting new media broadcasting undertakings is the most appropriate and efficient means of ensuring that the operators of these undertakings are able to concentrate their efforts and resources on serving the cultural and linguistic needs of Canadians.

The Commission is satisfied that compliance with Part II of the Act, and any applicable regulations made thereunder, by persons carrying on new media broadcasting undertakings in whole or in part in Canada, will not contribute in a material manner to the implementation of the policy objectives set out in subsection 3(1) of the Act.

Proposed Exemption Order

In light of the foregoing, the Commission calls for public comment on the proposed exemption order set out in the appendix to this notice. The Commission proposes that no conditions for exemption be imposed on new media broadcasting undertakings.

The Commission wishes to emphazise that the proposed exemption order does not apply to other broadcasting activities in which a new media broadcasting undertaking may be involved, e.g. over-the-air radio and television broadcasting. The Commission considers that the provision of new media broadcasting services involves a separate class of broadcasting undertaking for the purpose of the Act.

Call for Comments

The Commission invites written comments on the proposed exemption order. The Commission will accept comments that it receives on or before August 31, 1999.

The Commission will not formally acknowledge written 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 set out below have been followed.

Appendix to Public Notice CRTC 1999-118

Proposed Exemption Order

The Commission is satisfied that compliance with Part II of the Broadcasting Act (the Act) and applicable regulations made thereunder by the class of broadcasting undertakings described below will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1) of the Act.

Therefore, pursuant to subsection 9(4) of the Act, the Commission exempts from the requirements of Part II of the Act and any regulations made thereunder, those persons carrying on in whole or in part in Canada, broadcasting undertakings of the class consisting of new media broadcasting undertakings. New media broadcasting undertakings provide broadcasting services over the Internet, in accordance with the interpretation of broadcasting set out in Broadcasting Public Notice CRTC 1999-84/Telecom Public Notice CRTC 99-14, Report on New Media, May 17, 1999.

July 19, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-119

Call for Applications for a Broadcasting Licence to Carry on a Radio Programming Undertaking to Serve Toronto, Ontario

The Commission announces that it is issuing a call for applications for a broadcasting licence to provide AM and/or FM radio services to serve Toronto, Ontario.

Accordingly, the Commission hereby calls for applications from parties wishing to obtain an AM or FM broadcasting licence to be used jointly or separately to serve Toronto, using frequencies 740 kHz, 93.5 MHz, or any other frequency that may be suitable to serve this area.

Persons interested in submitting such an application are required to file a letter of intent no later than August 19, 1999, followed by a formal application to the Commission no later than September 20, 1999, and are also required to submit all necessary technical documentation to the Department of Industry by the latter date.

Background

On August 6, 1998 (Public Notice CRTC 1998-85) the Commission announced that it has received an Order in Council (P.C. 1998-800) concerning the reservation of radio frequencies in Toronto. The Order, which came into force on May 7, 1998, states:

The Canadian Radio-television and Telecommunications Commission is hereby directed to reserve frequency 93.5 MHz or any other appropriate frequency on the FM band and frequency 740 kHz on the AM band, for the use of radio services in Toronto which will contribute to the achievement of the objectives of the Canadian broadcasting policy set out in subparagraph 3(1)(d)(iii) of the Broadcasting Act.

In response to the Order in Council, the Commission issued Public Notice CRTC 1998-85 on August 6, 1998, which announced, in part, that a number of Commission policies affecting radio were scheduled to come under review in the upcoming months. These included a review of the Commission's policies for campus and community radio as well as its policy for ethnic broadcasting. It further noted that changes to policies that might follow these reviews could be of significance to parties interested in providing radio service to Toronto. In addition, the Commission indicated that amendments to the Radio Regulations, 1986 would be made in due course as a result of its revised commercial radio policy.

Public Notice CRTC 1998-85 continued:

Accordingly, while the Commission recognizes that a call for applications to provide radio service to Toronto would likely generate much interest, it considers that such a step would be premature until the policy reviews noted above have been concluded, and its final determinations are available to potential applicants, the broadcasting industry, and the public. The Commission expects to conclude these reviews in the spring of 1999, following which a call would be issued.

Other Considerations

The Commission's Commercial Radio Policy, Public Notice CRTC 1998-41, was issued on April 30, 1998.

The Commission also notes that amendments to the Radio Regulations, 1986 are now in place and its policy on ethnic broadcasting has now been issued (Public Notice CRTC 1999-117). The Commission also notes that it has issued Public Notice CRTC 1999-30 and Public Notice CRTC 1999-75, which concern respectively the Commission's proposed campus and community radio policies. It therefore feels the time is appropriate to call for applications to serve Toronto.

Commission Expectations

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the licensing of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

Notwithstanding the demand for additional service noted in the Order, applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to those set out in subparagraph 3(1)(d)(iii), and the production of local and regional programming.

2. The expected audience of the proposed service.

3. The means by which the applicant will promote the development of Canadian talent, including local and regional talent.

4. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates.

5. Evidence as to the availability of financial resources consistent with the requirements established in the financial projections of the applicant's business plan. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing".

A financial summary for the Toronto radio market from 1994 to 1998 is attached to the call.

The Commission also reminds applicants that they must comply with the eligibility requirements set out in P.C. 1997-486, dated April 8, 1997, Direction to the CRTC (Ineligibility of Non-Canadians) and amended by P.C. 1998-1268, dated July 15, 1998, and in P.C. 1997-629 dated April 22, 1997, Order Amending the Direction to the CRTC (Ineligibility to hold broadcasting licences).

The Commission will announce at a later date the public process where applications will be considered and where they may be examined by the public.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

July 20, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-120

Call for Comments — Proposed Revisions to the Definitions of Television Content Categories — Proposed Definitions of Canadian Dramatic Programs that will Qualify for Time Credits

Summary

The Commission seeks public input regarding proposed revisions to the definitions of television content categories. These revisions are necessary to implement the Commission's policy with respect to priority programs as established in Public Notice CRTC 1999-97, and to make the current definitions clearer. The Commission is also seeking comments on the criteria that should be used to determine if Canadian dramatic programs will qualify for time credits as set out in Public Notice CRTC 1999-97.

Introduction

1. In Public Notice CRTC 1999-97 entitled "Building on Success — a Policy Framework for Canadian Television" (the television policy framework notice), the Commission announced that the stations owned by the largest multi-station television ownership groups will be required to broadcast, each broadcast year, on average, at least eight hours each week of priority Canadian programs during the peak viewing hours (7 p.m.-11 p.m.). The following types of programs will be considered as priority programs:

— Canadian drama programs (Category 7);

— Canadian music and dance, and variety programs (Categories 8 and 9);

— Canadian long-form documentary programs;

— Canadian regionally produced programs in categories 4, 5, 10 and 11; and

— Canadian entertainment magazine programs.

Definitions for new types of priority programs

2. In the television policy framework notice, the Commission stated that it would seek comments on proposed definitions of the last three priority program types. Since these types are new, the Commission requests comments from interested parties on the following proposed definitions.

Proposed definition of Canadian long-form documentary programs

3. Original works of non-fiction, primarily designed to inform, providing an in-depth critical analysis of a specific subject or point of view over the course of at least 30 minutes (less a reasonable time for commercials, if any). These programs do not deal with or highlight any product or service marketed by a producer, owner, sponsor or advertiser of the program. The subjects are paid nothing except token honoraria or expenses. This category excludes magazine programs as well as paid or bartered programs.

Proposed definition of Canadian regionally produced programs

4. Programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) in which the principal photography occurred in Canada at a distance of more than 150 km from Montréal, Toronto or Vancouver. Programs of News (Category 1), Analysis and Interpretation (Category 2), Reporting and Actualities (Category 3) and Sports (Category 6) are excluded.

5. While these are the only types of regional productions that would qualify as priority programs, the Commission acknowledges that there are other regionally produced programs of value aired by both public and private stations.

Proposed definition of Canadian entertainment magazine programs

6. Programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) that devote at least two-thirds of their running time (excluding commercials) to information showcasing Canadian entertainment, including television programs, movies, soundtracks, plays, music, musical and performing arts events, and performance artists. Such programs may include only brief clips of performances.

Clarifications to existing definitions of content categories

7. At the same time, the Commission is also issuing for comment proposed amendments to some of the existing definitions of program content categories to clarify the Commission's interpretation of these definitions. No change is proposed to the current definitions of categories 1 (News) and 4 (Religion). These definitions are, however, included in the following list for the reader's convenience.

Category 1 — News

8. Newscasts, newsbreaks, and headlines. Programs reporting on local, regional, national, and international events. Such programs would include weather reports, sportscasts, community news, and other related features or segments contained within "News Programs."

Category 2(a) — General Analysis and Interpretation

9. Programs on various topics that include analysis or discussion, for example, talk or panel shows, consumer affairs or reviews, but exclude programs presenting information primarily for entertainment value.

10. The Commission notes that "Docutainment" programs, gossip or entertainment talk shows fall appropriately under category 11. Lifestyle magazine shows fall under category 5(b).

Category 2(b) — Long-form documentary

11. Original works of non-fiction, primarily designed to inform, providing an in-depth critical analysis of a specific subject or point of view over the course of at least 30 minutes (less a reasonable time for commercials, if any). These programs do not deal with or highlight any product or service marketed by a producer, owner, sponsor or advertiser of the program. The subjects are paid nothing except token honoraria or expenses. This category excludes magazine programs as well as paid or bartered programs.

Category 3 — Reporting and Actualities

12. Programs focusing on the coverage of conferences, political conventions, opening/closing of events (including awards dinners) and political debates, as well as programs of a non-entertainment nature intended to raise funds.

Category 4 — Religion

13. Programs dealing with religion and religious teachings, as well as discussions of the human spiritual condition.

Category 5 — Education, Children's, Recreation and Leisure

Category 5(a) — Formal Education and Children's

14. Programs presenting detailed information related to a wide variety of topics and used by the viewer primarily to acquire knowledge. The programs can be related to established curricula. All programs targeted at pre-schoolers except those that are primarily comprised of drama.

Category 5(b) — Informal Education/Recreation and Leisure

15. Programs presenting information on recreational, hobby and skill development, recreational sports and outdoor activities, travel and leisure, employment opportunities, and talk shows of an informative ("how-to") nature.

Category 6 — Sports

16. Programs of live or live-to-tape sports events and competitions including coverage of professional and amateur tournaments. The category also includes programs reviewing and analyzing professional or amateur competitive sports events/teams (i.e., pre- and post-game shows, magazine shows, call-in and talk shows, etc.).

17. Documentaries on sports-related issues fall under category 2. Programs on leisure and recreational sports fall under category 5(b).

Category 7 — Drama and comedy

18. Entertainment productions of a fictional nature, including dramatisations of real events. They must be comprised of at least 50 percent dramatic performances. Category 7 includes the following subcategories:

(a) On-going dramatic series;

(b) On-going comedy series (sitcoms);

(c) Specials, mini-series, and made-for-TV feature films;

(d) Feature films, primarily for theatre release;

(e) Animated television programs and films (excludes computer graphic productions without story lines);

(f) Programs of comedy sketches, improvisation, unscripted works, stand-up comedy; and

(g) Other drama, including readings, narratives, improvisations, tapes/films of live theatre not developed specifically for television, experimental shorts and video clips.

Category 8 — Music and dance

19. Programs comprised of at least 50 percent live or pre-recorded performances of music and/or dance, including opera, operetta, ballet, musicals and music videos. The performance portion excludes voice-overs or musical performances used as background.

Category 9 — Variety

20. Programs containing a minimum of 50 percent performances of mixed character (e.g., not exclusively music or comedy performances) consisting of a number of individual acts such as singing, dancing, acrobatic exhibition, comedy sketches, monologues, magic, etc.

Category 10 — Game shows

21. Programs featuring games of skill and chance as well as quizzes.

Category 11 — General entertainment and human interest

22. Programs primarily about the world of entertainment and its people (includes celebrity profiles that may use promotional footage, talk or interview shows, award shows, galas and tributes). They also include entertainment-oriented magazine shows; fund-raising shows which include entertainers (i.e. telethons); reality TV, including programs of live or live-to-tape footage without significant portions devoted to critical analysis or interpretation; and coverage of community events such as carnivals, festivals, parades and fashion shows.

Programming without categories

23. The Commission notes that pornography, infomercials, public service announcements, promotional videos, and corporate videos/films, such as those produced by groups and business for public relations, recruitment, etc., are excluded from the television program content categories. They are not considered programs for the purposes of the Television Regulations, 1987, the Pay Television Regulations, 1990 or the Specialty Service Regulations, 1990. The Commission will continue to consider this material as non-Canadian for the purposes of Canadian content requirements. The Commission will be proposing regulatory changes in that regard in the near future.

24. The Commission also proposes to exclude productions of less than five minutes in duration that are comprised primarily of stock footage.

Time credits for Canadian drama

25. The Commission is also seeking comments on the criteria that should be used to determine if Canadian dramatic programs will qualify for the time credits set out in the television policy framework notice. Beginning on September 1, 2000, as part of the proposed amendments to the existing conditions of licence of stations of the largest multi-station ownership groups, the Commission intends to provide for a 150 percent time credit against the required hours of priority Canadian programming for each category 7(a) to 7(e) dramatic program broadcast during the peak viewing period. The Commission proposes that the following criteria be met in order to qualify for the 150 percent time credit. The program must:

(a) be aired for the first time on television on or after September 1, 1998;

(b) have a duration of a least one half-hour, including a reasonable amount of time for commercial breaks;

(c) be recognized as a Canadian program, qualify for either a C number or an SR number from the Commission and achieve 10 points related to the key creative positions; and

(d) contain a minimum of 90 percent dramatic content.

26. Programs that fail to attain 10 points, even if they have a Canadian in each position filled, will not be eligible for the credit.

27. Beginning on September 1, 2000, for stations of the largest multi-station ownership groups, the Commission intends to provide for a 125 percent time credit against the required hours of priority Canadian programming for each category 7(a) to 7(e) dramatic program broadcast during peak viewing period. The Commission proposes that the following criteria be met in order to qualify for the 125 percent time credit. The program must:

(a) be aired for the first time on television on or after September 1, 1998;

(b) have a duration of at least one half-hour, including a reasonable amount of time for commercial breaks; and

(c) be recognized as a Canadian program and qualify for either a C number or an SR number from the Commission.

28. 150 percent or 125 percent credits will be awarded for each showing of the qualified dramatic program occurring within a two-year period from the date of the first broadcast by a licensee in the same market. Series will have a single two-year period for each cycle of the series, commencing with the air date of the initial episode of the series. The Commission seeks comments on the criteria proposed as well as on the need to limit the number of showings during that two-year period.

29. Before the Commission issues C numbers to productions, applicants must demonstrate that the producer functions are filled exclusively by Canadians. SR (Special Recognition) numbers are granted to "co-ventures" that qualify as Canadian. These are international co-productions that do not fall under official co-production treaties administered by Telefilm Canada. In co-ventures and co-productions, the producer functions are shared between Canadians and non-Canadians.

30. With regard to the current 150 percent Dramatic Programming Credit in relation to animation, Public Notice CRTC 1988-105 states that "co-productions and co-ventures do not qualify for the dramatic programming credit as the producer functions, by definition, are shared between Canadians and non-Canadians." In addition to comments about other elements of the proposed credit system, the Commission seeks comments on the following questions flowing from the policy reflected in that public notice.

31. Should the new time credit system for Canadian dramatic programming announced in the television policy framework notice also exclude co-ventures and co-productions, both live action and animated, given that it has been developed to encourage the broadcast of the programs that are the most expensive to produce and acquire? If not,

(a) Should consideration for the new credits be limited to those co-ventures and co-productions that achieve 10 points?

(b) Should consideration be limited to those co-ventures and co-productions that incorporate high minimum levels for equity and profit sharing by Canadians, such as 80 percent?

Call for comments

32. The Commission invites written comments on the proposed definitions and questions set out in this notice. The Commission will accept comments that it receives on or before August 23, 1999.

33. The Commission will not formally acknowledge written 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 set out below have been followed.

Procedures for filing comments

34. Interested parties should send their comments to the Secretary General, Ottawa Ontario, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2.

35. Parties must file all submissions in "hard copy format" (i.e. on paper).

36. Comments longer than five pages should include a summary.

37. The Commission also encourages parties to file electronic versions of their comments by electronic mail or on diskette. The Commission's electronic mail address for electronically filed documents is procedure@crtc.gc.ca.

38. Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.

39. Please number each paragraph of the comment. In addition, please enter the line ***End of Document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

40. The Commission will make comments filed in electronic form available on its Web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.

July 22, 1999

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HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and Orders on Claims for Exemption

Pursuant to paragraph 18(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer of the Hazardous Materials Information Review Commission hereby gives notice of the decision of the Screening Officer, respecting each claim for exemption, and the relevant Material Safety Data Sheets (MSDSs), listed below.

Claimant	Product Identifier (As shown on the MSDS)	Registry Number	MSDS Preparation Date (As shown on the MSDS)	Date of Decision
Union Carbide Canada Inc., Anjou, Québec	UCARSOL HS Solvent 115 Solvant UCARSOL HS 115	3721	November 21, 1995 (English/anglaise) le 21 novembre 1995 (French/française)	April 29, 1999 le 29 avril 1999
Nalco/Exxon Energy Chemicals Canada Inc., Calgary, Alberta	EC3140A	3831	JUL 10, 1996 (English/anglaise) 10 JUILLET 1996 (French/française)	April 6, 1999 le 6 avril 1999
Union Carbide Canada Inc., Anjou, Québec	UCARSOL LE Solvent 702 Solvant UCARSOL LE 702	3858	December 9, 1996 (English/anglaise) le 9 décembre 1996 (French/française)	May 13, 1999 le 13 mai 1999
3M Canada Company, London, Ontario	3M BRAND COLD FOIL LAMINATING ADHESIVE LC-7280	3935	02/03/97	April 19, 1999 le 19 avril 1999
Union Carbide Canada Inc., Anjou, Québec	UCARSOL CR Solvent 402 Solvant UCARSOL CR 402	3968	September 9, 1997 (English/anglaise) le 9 septembre 1997 (French/française)	May 28, 1999 le 28 mai 1999
R. T. Vanderbilt Company, Inc., Norwalk, Connecticut	ETHYL CADMATE(r) DUSTLESS	3973	03/13/97	June 8, 1999 le 8 juin 1999
Union Carbide Canada Inc., Anjou, Québec	UCARSOL HS Solvent 102 Solvant UCARSOL HS 102	4013	May 21, 1997 (English/anglaise) le 21 mai 1997 (French/française)	May 28, 1999 le 28 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCARSOL CR Solvent 301 Solvant UCARSOL CR 301	4015	October 15, 1997 (English/anglaise) le 15 octobre 1997 (French/française)	April 29, 1999 le 29 avril 1999
Union Carbide Canada Inc., Anjou, Québec	UCARSOL CR Solvent 302 Solvant UCARSOL CR 302	4016	October 2, 1997 (English/anglaise) le 2 octobre 1997 (French/française)	April 29, 1999 le 29 avril 1999
3M Canada Company, London, Ontario	"SCOTCH-WELD (TM) AF-191 STRUCTURAL ADHESIVE FILM PELLICULE ADHESIVE STRUCTURALE "SCOTCH-WELD" AF-191	4018	12/30/97 (English/anglaise) 11/15/96 (French/française)	April 19, 1999 le 19 avril 1999
Nalco/Exxon Energy Chemicals Canada Inc., Calgary, Alberta	EC3068A	4039	JUL 23, 1997 (English/anglaise) 23 JUILLET 1997 (French/française)	April 6, 1999 le 6 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	CYFORM 22 Composite Tooling	4046	05/21/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	CYFORM 777 Composite Tooling	4047	05/21/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	RIGIDITE 3200 Structural Prepreg	4048	09/24/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	RIGIDITE 3203 Structural Prepreg	4049	09/24/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	RIGIDITE 3288 Structural Prepreg	4050	09/24/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	RIGIDITE 5208 Structural Prepreg	4051	09/24/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	RIGIDITE 5209 Structural Prepreg	4052	09/24/97	April 16, 1999 le 16 avril 1999
CYTEC Canada Inc., Niagara Falls, Ontario	RIGIDITE 5276 Structural Prepreg	4053	09/24/97	April 16, 1999 le 16 avril 1999
Nalco Canada Inc., Burlington, Ontario	7842	4055	1998-06-22	June 17, 1999 le 17 juin 1999
Nalco/Exxon Energy Chemicals Canada Inc., Calgary, Alberta	EC9281A	4074	October 29, 1997 (English/anglaise) 29 OCTOBRE 1997 (French/française)	May 17, 1999 le 17 mai 1999
Nalco/Exxon Energy Chemicals Canada Inc., Calgary, Alberta	CT-ARMOR	4075	October 29, 1997 (English/anglaise) 29 OCTOBRE 1997 (French/française)	May 17, 1999 le 17 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Textile Lubricant LS Lubrifiant UCON LS pour textiles	4124	November 13, 1997 (English/anglaise) le 13 novembre 1997 (French/française)	June 4, 1999 le 4 juin 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Calender Lubricant 20 Lubrifiant UCON 20 pour calandres	4126	November 24, 1997 (English/anglaise) le 24 novembre 1997 (French/française)	May 13, 1999 le 13 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Calender Lubricant 35 Lubrifiant UCON 35 pour calandres	4127	November 24, 1997 (English/anglaise) le 24 novembre 1997 (French/française)	May 13, 1999 le 13 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Calender Lubricant 51 Lubrifiant UCON 51 pour calandres	4128	November 24, 1997 (English/anglaise) le 24 novembre 1997 (French/française)	May 13, 1999 le 13 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Calender Lubricant 51K Lubrifiant UCON 51K pour calandres	4129	November 24, 1997 (English/anglaise) le 24 novembre 1997 (French/française)	May 13, 1999 le 13 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Metalworking Lubricant ML-5200 Lubrifiant UCON ML-5200 pour le traitement des métaux	4130	November 24, 1997 (English/anglaise) le 24 novembre 1997 (French/française)	May 13, 1999 le 13 mai 1999
Union Carbide Canada Inc., Anjou, Québec	UCON Compressor Lubricant R-1 Lubrifiant UCON R-1 pour compresseurs	4132	December 3, 1997 (English/anglaise) le 3 décembre 1997 (French/française)	June 4, 1999 le 4 juin 1999
Union Carbide Canada Inc., Anjou, Québec	UCARSOL LE Solvent 713 Solvant UCARSOL LE 713	4137	November 3, 1998 (English/anglaise) le 3 novembre 1998 (French/française)	April 29, 1999 le 29 avril 1999
Rohm and Haas Canada Inc., West Hill, Ontario	PARALOID(r) KM-680 Modifier	4141	01/07/98	June 3, 1999 le 3 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl 7100	4229	05/21/96	June 8, 1999 le 8 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl 3600	4230	05/21/96	June 8, 1999 le 8 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl 3703	4231	05/21/96	June 8, 1999 le 8 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl P 115	4232	05/21/96	June 8, 1999 le 8 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl P 36	4233	05/22/96	June 8, 1999 le 8 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl 80	4234	05/21/96	June 8, 1999 le 8 juin 1999
UCB Chemicals Corporation, Smyrna, Georgia	Ebecryl 81	4235	05/21/96	June 8, 1999 le 8 juin 1999

Notes: 1. The Notice of Filing published in the Canada Gazette, Part I, on November 8, 1997, incorrectly listed the product identifiers for the controlled product associated with the claims bearing Registry Numbers 4046, 4047, 4048, 4049, 4050, 4051, 4052 and 4053 as CYFORM+ 22 Composite Tooling, CYFORM+ 777 Composite Tooling, RIGIDITE+ 3200 Structural Prepreg, RIGIDITE+ 3203 Structural Prepreg, RIGIDITE+ 3288 Structural Prepreg, RIGIDITE+ 5208 Structural Prepreg, RIGIDITE+ 5209 Structural Prepreg and RIGIDITE+ 5276 Structural Prepreg. The correct product identifiers are CYFORM 22 Composite Tooling, CYFORM 777 Composite Tooling, RIGIDITE 3200 Structural Prepreg, RIGIDITE 3203 Structural Prepreg, RIGIDITE 3288 Structural Prepreg, RIGIDITE 5208 Structural Prepreg, RIGIDITE 5209 Structural Prepreg and RIGIDITE 5276 Structural Prepreg, respectively.

2. The Notice of Filing published in the Canada Gazette, Part I, on February 10, 1996, listed the subject of the claim bearing Registry Number 3721 to be the chemical identity and concentration of two ingredients. It has since been established that the subject of the claim is the chemical identity of two ingredients.

3. The Notice of Filing published in the Canada Gazette, Part I, on November 2, 1996, listed the subject of the claim bearing Registry Number 3858 to be the chemical identity and concentration of three ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of two ingredients.

4. The Notice of Filing published in the Canada Gazette, Part I, on April 5, 1997, listed the subject of the claim bearing Registry Number 3968 to be the chemical identity and concentration of three ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of two ingredients.

5. The Notice of Filing published in the Canada Gazette, Part I, on June 28, 1997, listed the subject of the claims bearing Registry Numbers 4015 and 4016 to be the chemical identity and concentration of two ingredients. It has since been established that the subject of the claims is the chemical identity of one ingredient.

6. The Notice of Filing published in the Canada Gazette, Part I, on November 8, 1997, listed the subject of the claims bearing Registry Numbers 4046, 4047 and 4050 to be the chemical identity of two ingredients. It has since been established that the subject of the claims is the chemical identity of three ingredients and the concentration of one ingredient.

7. The Notice of Filing published in the Canada Gazette, Part I, on November 8, 1997, listed the subject of the claims bearing Registry Numbers 4048 and 4049 to be the chemical identity of four ingredients. It has since been established that the subject of the claims is the chemical identity of five ingredients and the concentration of one ingredient.

There were no submissions from affected parties to the Screening Officer with respect to any of the above claims for exemption and related MSDSs.

Each of the claims for exemption listed above was found to be valid. The Screening Officer reached this decision after reviewing the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. After consultation with officials of the Department of Health, and having regard for the various data readily available in the literature and any information provided by the claimant, the Screening Officer found that the respective MSDS relating to the claims bearing Registry Numbers 3721, 3858, 4013, 4015, 4016, 4124, 4126-4130, 4132, 4137 and 4141 complied with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.

After consultation with officials of the Department of Health, and having regard for the various data readily available in the literature and any information provided by the claimant, the Screening Officer found that the respective MSDS relating to the remaining claims did not comply with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.

Registry Numbers 3831 and 4039

The claimant has been ordered to amend certain aspects of the content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. Disclose an LD₅₀ (oral, female rat) value of 5 080 mg/kg and an LD₅₀ (dermal, rabbit) value of 2 764 mg/kg for diethylene glycol monobutyl ether;

2. Disclose that acute ingestion of an ingredient in the controlled product has been shown to cause adverse CNS effects in laboratory animals;

3. Disclose that an ingredient in the controlled product has shown positive results in a screening test for mutagenicity;

4. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: Never give anything by mouth if the casualty is rapidly losing consciousness, unconscious, or convulsing. Have casualty rinse mouth thoroughly with water and drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have the casualty lean forward to reduce the risk of aspiration and repeat the administration of water;

5. Registry Number 3831:

(a) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A;

(b) Disclose an LD₅₀ (oral, rat) value of 6.4 mL/kg and an LC₅₀ (4 hours, female rat) value of 5 560 ppm for toluene;

(c) Disclose an LD₅₀ value for the confidential hazardous ingredient;

(d) Disclose that ingredients in the controlled product have been shown to cause severe eye irritation in laboratory animals;

(e) Disclose that ingestion of an ingredient of the controlled product has been shown to cause harmful CNS effects, and resulted in death;

(f) Disclose information on the toxicological properties of an ingredient in the controlled product in words to the following effect:

(g) Add carbon monoxide and carbon dioxide to the list of hazardous combustion products.

Registry Number 3935

The claimant has been ordered to amend certain aspects of the content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. Disclose oxides of carbon, sulphur and nitrogen as hazardous combustion products;

2. Disclose an LD₅₀ (oral, rat) value of 5.27 g/kg and an LD₅₀ (dermal, rabbit) value of > 23.5 g/kg for cycloaliphatic epoxy resin;

3. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse blood and liver effects in laboratory animals;

4. Disclose that aliphatic glycidyl ether and cycloaliphatic epoxy resin have been shown to cause dermal sensitization in laboratory animals;

5. Disclose that ingredients in the controlled product have shown positive results in screening tests for mutagenicity.

Registry Number 3968

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.

1. In relation to the first aid information shown on the MSDS for eye contact, disclose a statement to the effect that the eyes should be flushed continuously with lukewarm, gently flowing water for at least 20-60 minutes while holding eyelid(s) open and taking care not to rinse contaminated water into the unaffected eye or face;

2. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that the skin should be flushed continuously with lukewarm, gently flowing water for at least 20-60 minutes and that medical attention should be obtained immediately.

Registry Number 3973

The claimant has been ordered to amend certain aspects of the content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in classes D1A and D2A;

2. Disclose an LD₅₀ value for one of the confidential hazardous ingredients;

3. Add oxides of nitrogen to the list of hazardous combustion products;

4. Disclose the Exposure Limit Values ACGIH TLV-TWA = 0.01 mg/m³ (inhalable fraction) and 0.002 mg/m³ (respirable fraction) for the cadmium dithiocarbamate, as cadmium;

5. Disclose that ingredients in the controlled product have shown positive results in screening tests for mutagenicity;

6. Disclose that an ingredient in the controlled product has been shown to cause adverse reproductive effects in laboratory animals;

7. Disclose that an ingredient in the controlled product has been classified as carcinogenic to humans (Group 1) by the International Agency for Research on Cancer (IARC);

8. In relation to the first aid information shown on the MSDS for ingestion, disclose a statement such as the following: Never give anything by mouth if the casualty is rapidly losing consciousness, or is unconscious or convulsing. Have casualty drink 250-300 mL of water.

Registry Number 4018

The claimant has been ordered to amend certain aspects of the content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. On the French version of the MSDS, disclose oxides of carbon, sulphur and nitrogen as hazardous combustion products;

2. Disclose an LD₅₀ (oral, rat) value of > 5 000 mg/kg and an LD₅₀ (dermal, rabbit) value of > 2 000 mg/kg for epoxy resin, CAS Registry Number 28768-32-3;

3. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse blood and liver effects in laboratory animals;

4. Disclose that an ingredient in the controlled product has shown positive test results in an in vivo screening test for mutagenicity, and disclose that another ingredient in the controlled product has shown positive test results in an in vitro screening test for mutagenicity.

Registry Numbers 4046 to 4053, inclusive

The claimant has been ordered to amend certain aspects of the content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. Disclose that in cases of inhalation exposure, the casualty should be moved to fresh air and medical assistance obtained;

2. Registry Number 4049:

(a) Correct the implication that fibreglass and graphite may be ingredients of the controlled product;

(b) Disclose that an ingredient in the controlled product has shown positive test results in an in vivo and an in vitro screening test for mutagenicity;

3. Registry Number 4051:

(a) Disclose that subacute ingestion of an ingredient in the controlled product has been shown to cause damage to the liver in laboratory animals;

(b) Disclose that an ingredient in the controlled product has been shown to cause adverse effects on reproductive potency in laboratory animals;

4. Registry Numbers 4046 and 4047:

(a) Disclose the presence of more than one confidential business ingredient which can be characterized by the generic chemical identity polyaromatic ether resin;

(b) Disclose that ingredients in the controlled product have shown positive results in screening tests for mutagenicity;

5. Registry Numbers 4046 and 4051: Disclose the percent concentration of acetone in an acceptable manner;

6. Registry Numbers 4049 and 4050: Disclose that ingredients in the controlled product are considered to be somatic cell mutagens based on positive results in in vivo screening tests;

7. Registry Numbers 4050 and 4051: Disclose the value of a lower bound for the oral LD₅₀ value for two of the confidential hazardous ingredients;

8. Registry Numbers 4046, 4047, 4049 and 4051:

(a) Disclose that repeated dermal application of an ingredient in the controlled product has been shown to cause cataracts in the eyes of laboratory animals;

(b) Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals at maternally toxic dose levels;

9. Registry Numbers 4048, 4051, 4052 and 4053: Disclose that an ingredient in the controlled product has shown positive test results in an in vivo screening test for mutagenicity;

10. Registry Numbers 4046, 4047, 4048, 4049 and 4050: Disclose the presence of an additional confidential hazardous ingredient in the controlled product;

11. Registry Numbers 4046, 4047, 4048, 4049, 4050 and 4052: Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause reduced weight gain and death in laboratory animals.

Registry Number 4055

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.

1. Disclose LD₅₀ values for one of the confidential hazardous ingredients;

2. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause liver and kidney damage in laboratory animals;

3. Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals at maternally toxic dose levels.

Registry Numbers 4074 and 4075

The claimant has been ordered to amend certain aspects of the content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. Disclose the Exposure Limit Value "ACGIH TLV-STEL = 10 mg/m³ (mineral oil mist)";

2. Disclose that an ingredient in the controlled product has been shown to cause severe eye irritation in laboratory animals;

3. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: Have casualty rinse their mouth thoroughly with water. Have casualty drink 250-300 mL of water. Never give anything by mouth if the casualty is rapidly losing consciousness, or is unconscious or convulsing. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration and repeat the administration of water.

Registry Numbers 4229 to 4235, inclusive

The claimant has been ordered to amend certain aspects of the format and content of the MSDS.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.

1. In relation to the first aid information shown on the MSDS for ingestion, delete the statement, "If appreciable quantities are swallowed, seek medical attention immediately", and replace it with a statement such as the following: Have casualty rinse mouth thoroughly with water. Have casualty drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Obtain medical attention immediately.

Having regard to the foregoing, and pursuant to section 17 of the Hazardous Materials Information Review Act, notice is hereby given that the Screening Officer has, for each of the above-noted claims, with the exceptions of those claims bearing Registry Numbers 3721, 3858, 4013, 4015, 4016, 4124, 4126-4130, 4132, 4137 and 4141, directed the claimant to comply with the provisions of the Hazardous Products Act and the Controlled Products Regulations within 30 days from the expiry of the appeal period, except that the information in respect of which the claim for exemption was made does not have to be disclosed, and to provide a copy of the amended MSDS to the Screening Officer within 40 days of expiry of the appeal period.

Pursuant to paragraph 18(1)(b) of the Hazardous Materials Information Review Act, this notice includes certain information which, in the opinion of the Screening Officer, should have been shown on the relevant MSDS.

Pursuant to subsection 24(1) of the Controlled Products Regulations, amended MSDSs must be available in both official languages.

Section 20 of the Hazardous Materials Information Review Act affords the opportunity to a claimant or any affected party, within the meaning of subsection 2(2) of the Hazardous Materials Information Review Regulations, to appeal any decision or order of a Screening Officer. To initiate the appeal process, a Statement of Appeal (Form 1) as prescribed by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations must be completed and delivered within 45 days of the publication of this notice in the Canada Gazette, Part I, to the Chief Appeals Officer at the following address: Hazardous Materials Information Review Commission, 200 Kent Street, Suite 9000, Ottawa, Ontario K1A 0M1, (613) 993-4472.

W. A. LOWE
Chief Screening Officer

[31-1-o]

NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Hot-rolled Carbon Steel Plate

Notice is hereby given, in accordance with the Special Import Measures Act (as amended by the North American Free Trade Agreement Implementation Act), that on July 12, 1999, a first Request for Panel Review of the Determination on Remand and Corrigendum made by the Canadian International Trade Tribunal, respecting certain hot-rolled carbon steel plate, originating in or exported from Mexico, was filed by Altos Hornos de México, S.A. de C.V. with the Canadian Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement.

The finding was published in the Canada Gazette, Part I, on July 3, 1999 [Vol. 133, No. 27].

The panel review will be conducted in accordance with the NAFTA Article 1904 Panel Rules. Subrule 35(1)(c) of the above-mentioned rules provides that:

Notices of Appearance and Complaints pertaining to the present panel review, CDA-MEX-99-1904-01, should be filed with the Canadian Secretary at the NAFTA Secretariat, Canadian Section, Royal Bank Centre, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4.

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 Article 1904 Panel Rules. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, Royal Bank Centre, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 992-9388.

DENIS FORTIER
Deputy Secretary

[31-1-o]

NOTICE:
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