Vol. 133, No. 46 — November 13, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Architect and Engineering Services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-99-034) from MIL Systems (a Division of Davie Industries Inc.), of Ottawa, Ontario, and Fleetway Inc., of Halifax, Nova Scotia, concerning a procurement (Solicitation No. W8483-6-EFAA/B) by the Department of Public Works and Government Services (the Department) for the Department of National Defence. The solicitation is for in-service support for Halifax and Iroquois class ships. 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 gave a preferential treatment to the recipient company and failed to apply some of the mandatory requirements of the solicitation documents. It is also alleged that the Department used undisclosed and unfair evaluation criteria to determine the technical compliance of the bids.

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, October 29, 1999

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-99-008

Appeals

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, 18th Floor, Standard Life Centre, 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 hearings will be held as scheduled.

Customs Act

Appellant v. Respondent (Deputy Minister of National Revenue, now known as Commissioner of Canada Customs and Revenue Agency)

December 1999

Date	Appeal Number	Appellant
6	AP-99-037	Coloridé Inc.
	Goods in Issue:	Synthetic locks for the hair coloration industry
	Dates of Entry:	May 7, 1996, to December 4, 1997
	Tariff Items at Issue
	Appellant:	6703.00.00
	Respondent:	5503.10.00
7	AP-98-012	EM Plastic & Electric Products
	Goods in Issue:	Laminated panel, called Gator Foam®
	Dates of Entry:	January 10, 1996, to February 17, 1997
	At Issue:	Applicability of Code 7934
8	AP-99-029 and AP-99-046	Sanyo Canada Inc.
	Goods in Issue:	Telephones
	Dates of Entry:	May 28 to November 24, 1997
	Tariff Items at Issue
	Appellant:	Heading No. 85.25
	Respondent:	Heading No. 85.17

November 4, 1999

By Order of the Tribunal

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

PUBLIC NOTICE 1999-168-1

Further to its Public Notice CRTC 1999-168 dated October 14, 1999, the Commission announces that, at the request of the applicant, the following item is withdrawn from the public notice:

Item 1

Campbellton, New Brunswick
Canadian Broadcasting Corporation

To amend the broadcasting licence of the French-language radio programming undertaking CBFX-FM Montréal.

November 1, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-173-1

Province of Quebec
The Ontario Educational Communications Authority
(TVOntario)

The Commission extends the deadline for receipt of interventions from November 12, 1999, to November 19, 1999.

November 3, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-176

Local Management Agreements

Summary

The Commission has adopted the amendments to the Radio Regulations, 1986 (the "Regulations") which are attached to the integral version of this public notice. These amendments were put forward for public comment in Public Notice CRTC 1999-55. They were registered with the clerk of the Privy Council on October 28, 1999, and came into effect on that same date. They will be published in the Canada Gazette, Part II, on November 10, 1999.

November 1, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-177

1. Across Canada
CHUM Limited (MuchMusic)

To renew and amend the broadcasting licence for the national specialty service known as MuchMusic. CHUM proposes to amend the licence by increasing, in anglophone markets only, the maximum wholesale rate per subscriber per month, where MuchMusic is carried as part of a Class 1 distributor's basic service package. Under the Broadcasting Distribution Regulations, distributors are allowed to recover this rate from subscribers. The existing maximum wholesale rate for MuchMusic in anglophone markets is $0.09.

From September 1, 1999, to August 31, 2000: $0.10

From September 1, 2000, to August 31, 2001: $0.11

From September 1, 2001, to August 31, 2002: $0.12

From September 1, 2002, to August 31, 2003: $0.13

From September 1, 2003, to August 31, 2006: $0.14

2. Across Canada
Les Réseaux Premier Choix inc. (Canal Famille)

To renew the broadcasting licence of Canal Famille, a French-language specialty programming undertaking serving all of Canada, to expire on February 29, 2000. The licensee also proposes to:

— modify its service by including programs for all members of the family, with the emphasis on family values. Currently, Canal Famille programming is directed exclusively to an audience consisting of children and youth up to 14 years of age. With a view to offering programming that appeals to families, the licensee proposes to expand its target audience to include youth up to 17 years of age and the 18-24 age group.

— amend the definition of "broadcast day" to provide its programming service 24 hours a day. This amendment would result in basically the same volume of programming directed to pre-school children (2-5 age group), children (6-11) and youth (12-17), which is approximately 82 hours a week, and would add about 45 hours a week of programming directed specifically to young adults (18-24) and family audiences. At its last renewal, in 1992, Canal Famille proposed hours of broadcast of 7 a.m. to 7 p.m. from Monday to Thursday, 7 a.m. to 8 p.m. on Sunday, and 7 a.m. to 9 p.m. on Friday and Saturday and during extended holiday periods and summer holidays.

— continue distributing at least 60 percent of Canadian programming during the broadcast day and devote at least 50 percent of the evening broadcast period (6 p.m. to midnight) to Canadian programming. Canal Famille also proposes that at least 60 percent of its programming will be directed to children and youth up to age 17.

— increase its distribution of original, first-run Canadian programs from 104 to 150 hours, and amend the definition of "first-run" to include the following programs acquired in pre-production:

— programs distributed previously by a Canadian discretionary service (pay-TV or pay-per-view), and

— programs distributed for the first time by a Canadian specialty or pay-TV service in a language other than the language in which it was originally distributed by another broadcaster.

— distribute a maximum of 12 minutes of advertising material per clock hour during programs other than those directed to children (0-11 years). Canal Famille is not currently authorized to distribute advertising material.

— amend the condition of licence relating to the maximum monthly wholesale rate excluding the portion allowing annual increases due to inflation.

— attach conditions of licence relating to industry codes for broadcast advertising to children, television violence, and sex-role portrayal.

3. Across Canada
YTV Canada, Inc. (YTV)

To renew the broadcasting licence of the national, English-language specialty service known as YTV, and to amend the existing licence by:

— Altering the requirement that all drama programming on YTV have a major character (protagonist) who is a child, youth, puppet, animated character, animal, comic book, folk or super-hero character, classical or historical hero. The licensee proposes that this requirement apply only to programming broadcast between 6:00 p.m. and 9:00 p.m.

— Deleting the one-hour limit on distribution, between 6 p.m. and midnight, of drama produced in the United States.

— Increasing to 70 percent from 60 percent, the minimum amount of Canadian programming broadcast each year, between the hours of 6 p.m. and midnight.

— Increasing the broadcast of original, first-run Canadian programs acquired from the independent production sector, from a yearly minimum of 90 hours, to 100 hours per year for the first three years of the licence term, and 125 hours for each of the remaining four years.

— Increasing to 38 percent from 35 percent the percentage of annual gross revenues required to be spent on acquiring and investing in Canadian programming.

— Removing the requirement that a minimum of 35 percent of non-Canadian programming be devoted to programs from sources outside of North America.

— Allowing advertising during programs that are directed to children five years of age and younger.

— Increasing the maximum wholesale rate per subscriber per month, where YTV is carried as part of a distributor's basic service package. Under the Broadcasting Distribution Regulations distributors are allowed to recover this rate from subscribers. The existing YTV wholesale rates are $0.35 in anglophone markets and $0.09 in francophone markets.

Proposed maximum monthly wholesale rate in anglophone markets:

From September 1, 1999, to August 31, 2002: $0.38

From September 1, 2002, to end of licence term: $0.40

Proposed maximum monthly wholesale rate in francophone markets:

From September 1, 1999, to end of licence term: $0.10

— Requiring that YTV adhere to the guidelines on gender portrayal in the Canadian Association of Broadcaster's (CAB's) Sex Role Portrayal Code for Television and Radio Programming.

— Requiring that YTV adhere to the CAB's Broadcast Code for Advertising to Children.

— Requiring that YTV adhere to the guidelines on the depiction of violence in television programming set out in the CAB's Voluntary Code Regarding Violence in Television Programming.

Deadline for intervention: December 8, 1999

November 2, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-178

Western Canada and Territories Region

1. Campbell River, British Columbia
CFCP Radio Ltd.

To amend the broadcasting licence for CFWB Campbell River. CFWB presently provides up to 18 hours of local programming daily. The licensee is proposing to broadcast local morning programming, Monday to Friday, from 6 a.m. to noon. For the remainder of the day, programming originating from studios in Courtenay would be simulcast on CFWB. Also, studios would be used in Campbell River to provide access for special events or emergency messages.

2. Port Hardy, British Columbia
CFCP Radio Ltd.

To amend the broadcasting licence for CFNI Port Hardy. CFNI presently provides up to 12 hours of local programming daily. The licensee is proposing to broadcast local morning programming, Monday to Friday, from 6 a.m. to noon. For the remainder of the day, programming originating from studios in Courtenay would be simulcast on CFNI. Also, studios would be used in Port Hardy to provide access for special events or emergency messages.

3. Powell River, British Columbia
CFCP Radio Ltd.

To amend the broadcasting licence for CHQB Powell River. CHQB presently provides up to 12 hours of local programming daily. The licensee is proposing to broadcast local morning programming, Monday to Friday, from 6 a.m. to noon. For the remainder of the day, programming originating from studios in Courtenay would be simulcast on CHQB. Also, studios would be used in Powell River to provide access for special events or emergency messages.

Deadline for intervention: December 9, 1999

November 4, 1999

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PUBLIC SERVICE COMMMISSION

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 Mr. Roy Desjarlais, Senior Financial Analyst (FI-02), Indian and Northern Affairs Canada, Northwest Territories Region, Yellowknife, Northwest Territories, to allow him to seek nomination as a candidate and to be a candidate in the December 6, 1999 Northwest Territories general election in the electoral district of Great Slave.

October 28, 1999

SCOTT SERSON
President

GINETTE STEWART
Commissioner

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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).