Vol. 135, No. 11 — March 17, 2001
INCOME TAX ACT
Revocation of Registration of a Charity
The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:
"Notice is hereby given, pursuant to paragraphs 168(1)(b), 168(1)(c), 168(1)(d) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that by virtue of paragraph 168(2)(b) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."
Business Number
106971013RR0001
Name/Address
CONSTRUIT TOUJOURS AVEC BONTÉ, BOISBRIAND (QUÉ.)
MAUREEN KIDD
Director General
Charities Directorate
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SPECIAL IMPORT MEASURES ACT
Corrosion-resistant Steel Sheet — Decision
On March 5, 2001, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the Commissioner of Customs and Revenue (Commissioner) made a preliminary determination of dumping respecting certain corrosion-resistant steel sheet originating in or exported from the People's Republic of China (China), India, Malaysia, the Russian Federation (Russia), South Africa and Chinese Taipei, and a preliminary determination of subsidizing of the same goods from India. On the same date, pursuant to paragraph 35(2)(a) of SIMA, the Commissioner terminated the dumping investigation of the same goods from Portugal. The goods in question are usually classified under the following Harmonized System classification numbers:
| classification | classification |
|---|---|
| 7210.30.00.00 | 7212.30.00.00 |
| 7210.49.00.10 | 7225.91.00.00 |
| 7210.49.00.20 | 7225.92.00.00 |
| 7210.49.00.30 | 7226.93.00.00 |
| 7212.20.00.00 | 7226.94.00.00 |
The Canadian International Trade Tribunal will make a full inquiry into the question of injury to the domestic industry, and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determination of dumping and subsidizing.
Pursuant to section 8 of SIMA, provisional duty is payable on subject goods originating in or exported from China, India, Malaysia, Russia, South Africa and Chinese Taipei that are released from customs during the period commencing on the date the preliminary determination was made, and ending on the earlier of the day the investigation is terminated, the day on which the Tribunal makes an order or finding, or the day an undertaking is accepted. The amount of provisional duty payable is not greater than the estimated margin of dumping and the estimated amount of subsidy. The payment of such provisional duty is hereby demanded.
Information
A statement of reasons explaining this decision has been provided to persons directly interested in these proceedings. The statement is available on our Web site at http://www.ccra-adrc. gc.ca/sima or by contacting Vincent Gaudreau by telephone at (613) 952-7262 or by facsimile at (613) 941-2612 or electronic mail at vincent.gaudreau@ccra-adrc.gc.ca.
Ottawa, March 5, 2001
R. A. SÉGUIN
Acting Director General
Anti-dumping and Countervailing Directorate
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COMMENCEMENT OF INQUIRY
Corrosion-resistant Steel Sheet
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on March 5, 2001, from the Acting Director General of the Anti-dumping and Countervailing Directorate at the Canada Customs and Revenue Agency, stating that a preliminary determination had been made respecting the dumping of certain corrosion-resistant steel sheet originating in or exported from the People's Republic of China, India, Malaysia, the Russian Federation, South Africa and Chinese Taipei, and the subsidizing of certain corrosion-resistant steel sheet originating in or exported from India.
For the purpose of this investigation, certain corrosion-resistant steel sheet is defined as follows:
flat-rolled steel sheet products of a thickness not exceeding 0.176 in. (4.47 mm), coated or plated with zinc or an alloy wherein zinc and iron are the predominant metals, excluding corrosion-resistant steel sheet products for use in the manufacture of passenger automobiles, buses, trucks, ambulances or hearses, or chassis thereof, or parts, accessories or parts thereof, for which the proper Harmonized System tariff item is 9959.00.00.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2000-008) to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.
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 that 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 inquiry will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing June 5, 2001, at 9:30 a.m.
Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before March 21, 2001. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before March 21, 2001.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party and each counsel filing a notice of participation or representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using French or English or both languages at the hearing.
Representations concerning the public interest question referred to in subsection 45(2) of SIMA may be made to the Tribunal. Persons referred to in subsection 45(2) who wish to make representations on that question must make the request to do so to the Secretary no later than March 21, 2001. No comprehensive representations on the public interest question are required at that time. However, any person wishing to make such representations should indicate the general nature of the public interest concerns. If any such request is received, the Secretary will notify any person making such a request and the parties to the inquiry of the place and time for the making of representations and the manner in which they may be made in the event of a finding of injury.
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.
Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers and certain purchasers with a known interest in the inquiry providing details on the procedures and the schedule for the inquiry. It specifies, among other things, the date for filing replies to Tribunal questionnaires, the date that information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and dates for filing of submissions by interested parties.
Written submissions, correspondence or requests for information regarding this inquiry 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, March 6, 2001
MICHEL P. GRANGER
Secretary
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FINDING
Grain Corn
In the matter of an inquiry, under section 42 of the Special Import Measures Act, respecting certain grain corn originating in or exported from the United States of America and imported into Canada for use or consumption west of the Manitoba-Ontario border
The Canadian International Trade Tribunal, under the provisions of section 42 of the Special Import Measures Act, has conducted an inquiry (Inquiry No. NQ-2000-005) to determine whether the dumping and subsidizing of grain corn in all forms, excluding white dent corn imported by snack food and tortilla manufacturers for use by them in the manufacture of snack food and tortillas, seed corn (used for reproductive purposes), sweet corn and popping corn, originating in or exported from the United States of America, and imported into Canada for use or consumption west of the Manitoba-Ontario border, have caused injury or retardation, or are threatening to cause injury to domestic producers of like goods in that region.
This inquiry is pursuant to the issuance by the Commissioner of the Canada Customs and Revenue Agency of a preliminary determination dated November 7, 2000, and of a final determination dated February 5, 2001, that grain corn originating in or exported from the United States of America and imported into Canada for use or consumption west of the Manitoba-Ontario border is being dumped and subsidized.
Pursuant to subsection 43(1) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby finds that the dumping and subsidizing of the aforementioned goods have not caused injury or retardation, nor are they threatening to cause injury to the producers of all or almost all of the production of like goods in Canada, west of the Manitoba-Ontario border.
The statement of reasons will be issued within 15 days.
Ottawa, March 7, 2001
MICHEL P. GRANGER
Secretary
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INQUIRY
EDP Hardware and Software
The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2000-068) from Cifelli Systems Corporation, of Ottawa, Ontario, concerning a procurement (Solicitation No. W0100-01ME04/A) by the Department of Public Works and Government Services. The solicitation is for the supply of notebook computers with network docking stations. 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 this procurement contains restrictive technical requirements in violation of the relevant trade agreements.
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, March 5, 2001
MICHEL P. GRANGER
Secretary
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INQUIRY
EDP Hardware and Software
The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2000-070) from Lexmark Canada Inc., of Ottawa, Ontario, concerning a procurement (Invitation to tender No. CMCC-126) by the Canadian Museum of Civilization Corporation. The solicitation is for the supply of Hewlett Packard laser printers and accessories. 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 this procurement contains restrictive technical specifications in violation of the Agreement on Internal Trade.
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, March 7, 2001
MICHEL P. GRANGER
Secretary
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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);
— 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, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);
— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (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);
— C.R.T.C. Documentation Centre, Scotia Place Tower Two, 19th Floor, Suite 1909, 10060 Jasper Avenue, Edmonton, Alberta T5J 3R8, (780) 495-3224 (Telephone), (780) 495-3214 (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
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
2000-459-1 March 5, 2001
Salter Street Films Limited, on behalf of a corporation to be incorporated
(The Independent Film Channel Canada Incorporated)
Across Canada
The Commission hereby corrects Decision CRTC 2000-459 dated November 24, 2000, and December 14, 2000, approving the Category 1 digital specialty service The Independent Film Channel Canada by correcting condition of licence 1.(g) and adding to the condition of licence 1.(b) the following television program category: 11 — General entertainment and human interest.
2001-163 March 5, 2001
André Curadeau, on behalf of a company to be incorporated
Rouyn-Noranda, Quebec
Approved — New French-language specialty FM radio station at Rouyn-Noranda, expiring August 31, 2007.
2001-164 March 5, 2001
Radio Charlesbourg/Haute St-Charles
Charlesbourg, Quebec
Approved — Broadcasting licence for a Type B French-language FM community radio programming undertaking at Charlesbourg, expiring August 31, 2007.
2001-165 March 6, 2001
MusiquePlus inc.
Montréal, Quebec
Le Réseau des Sports (RDS) inc.
Across Canada
The Sports Network (TSN)
Across Canada
Telelatino Network Inc.
Across Canada
Pelmorex Communications Inc.
Across Canada
Vision TV: Canada's Faith Network
Across Canada
2953285 Canada Inc.
Across Canada
Renewed — Broadcasting licences for the specialty programming undertakings listed in the appendix to the decision, from September 1, 2001, to November 30, 2001.
2001-166 March 6, 2001
Astral Television Networks Inc.
Eastern Canada
and Igloolik, Hall Beach, etc.,
Northwest Territories
Astral Television Networks Inc.
Across Canada
MovieMax!Ltd.
Western Canada
SuperChannel Ltd.
Western Canada and Territories
Renewed — Broadcasting licences for the pay television programming undertakings listed in the appendix to the decision, from September 1, 2001, to November 30, 2001.
2001-168 March 8, 2001
Star Choice Television Network Inc.
Across Canada
Approved — Authority to distribute its service to subscribers in multiple unit dwellings.
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PUBLIC NOTICE 2000-171-1
Introductory Statement — Licensing of New Digital Pay and Specialty Services
On December 14, 2000, the Commission issued Public Notice CRTC 2000-171 which served as an introductory statement to the licensing of new digital pay and specialty services. Issued as part of the notice were appendices setting out the terms and conditions of licence applicable to all Category 1 services (Appendix 1), all Category 2 services (Appendix 2) and, as Appendix 3, the programming categories from which the newly licensed services are authorized to draw their programming.
A reference to broadcast day (rather than broadcast year) and errors in numbering have since been noticed, all in Appendix 2:
— condition number 7 should have referred to broadcast year rather than broadcast day.
— the condition applicable to ethnic services should also have referred to broadcast year and should have appeared as condition 8.
— the condition applicable to music video services should have appeared as condition 9 and the condition itself should have referred to both paragraphs 7 and 8 rather than to paragraph 7 only.
At page 1 of the appendix, in the fourth bullet under terms of licence, the French text should have referred to November 24, 2003, rather than 2001.
March 6, 2001
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PUBLIC NOTICE 2001-35
Star Choice Television Network Incorporated
Across Canada
To amend the condition of licence No. 9 of Star Choice's Direct-to-Home ("DTH") satellite distribution undertaking licence.
Deadline for intervention: April 11, 2001
March 7, 2001
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COMPETITION ACT
Application for an Order
Notice is hereby given that on March 5, 2001, an application under section 79 and subsection 78(2) of the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Commissioner of Competition under the Competition Act, in the matter of certain practices of anti-competitive acts by Air Canada. The respondent in this application is Air Canada.
Particulars of the order sought:
1. an order prohibiting the respondent, including its affiliates, officers or agents (collectively, "Air Canada") from:
(a) operating capacity at fares that do not cover the avoidable cost of providing the service on the following routes (the "Air Canada affected routes"):
(i) St. John's, Nfld. (YYT) — Halifax (YHZ)
(ii) Montréal (YUL) — Halifax (YHZ)
(iii) Ottawa (YOW) — Halifax (YHZ)
(iv) Toronto (YYZ) — Moncton (YQM)
(v) Toronto (YYZ) — Fredericton (YFC)
(vi) Toronto (YYZ) — Saint John, N.B. (YSJ)
(vii) Toronto (YYZ) — Charlottetown (YYG)
(b) increasing capacity on the Air Canada affected routes at fares that do not cover the avoidable cost of providing the service;
(c) engaging in a policy of "matching" fares offered by low cost carriers on the affected routes (as that term is defined in the statement of grounds and material facts) and operating capacity at those fares:
(i) without regard for the effect of such fares on Air Canada's profitability;
(ii) without regard to the additional benefits associated with the service
offered by Air Canada; and
(iii) with the foreseeable effect of significantly diluting revenues
of low cost carriers, rendering their operations unprofitable;
2. if necessary, an order under section 104 prohibiting Air Canada from offering fares or operating capacity on the affected routes on such terms as may be requested by the Commissioner;
3. such further or other order as the Tribunal considers appropriate.
Notice is hereby given that any requests for leave to intervene in this matter must be filed with the Registrar on or before April 5, 2001.
The notice of application and accompanying documents may be examined at the Registry of the Tribunal or a copy may be obtained on the Competition Tribunal Web site at http://www.ct-tc.gc.ca. Requests for information regarding this application or the procedures of the Tribunal should be addressed to the Deputy Registrar, Competition Tribunal, Royal Bank Centre, 600- 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 957-3172.
March 8, 2001
MONIQUE SÉGUIN
Registrar
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REQUEST FOR PANEL REVIEW
Cut-to-length Carbon Steel Plate from Canada
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 February 23, 2001, a first Request for Panel Review of the Final Determination of Circumvention of the Antidumping Order made by the United States Department of Commerce, International Trade Administration, respecting Certain Cut-to-length Carbon Steel Plate from Canada, was filed by counsel for Gerdau MRM Steel with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement.
The final determination was published in the Federal Register, on January 24, 2001 [66 Fed. Reg. 7617].
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:
(i) a Party or interested person may challenge the final determination
in whole or in part by filing a Complaint in accordance with rule 39
within 30 days after the filing of the first Request for Panel Review
(the deadline for filing a Complaint is March 26, 2001);
(ii) a Party, an investigating authority or other interested person
who does not file a Complaint but who intends to participate in the
panel review shall file a Notice of Appearance in accordance with rule
40 within 45 days after the filing of the first Request for Panel Review
(the deadline for filing a Notice of Appearance is April 9, 2001); and
(iii) the panel review shall be limited to the allegations of error
of fact or law, including challenges to the jurisdiction of the investigating
authority, that are set out in the Complaints filed in the panel review
and to the procedural and substantive defenses raised in the panel review.
Notices of Appearance and Complaints pertaining to the present panel review, USA-CDA-2001-1904-01, should be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, Suite 2061, 14th Street and Constitution Avenue NW, Washington, DC 20230.
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 panel reviews 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 NAFTA 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 NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.
FRANÇOY RAYNAULD
Canadian Secretary
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YUKON WATERS ACT
Public Hearing
Pursuant to section 21 of the Yukon Waters Act, the Yukon Territory Water Board has determined that it would be in the public interest to convene a hearing to discuss the subject of instream settling during placer mining activities, including the practice of using the creek as a conduit. For purposes of this hearing, the concept of using a creek as a conduit is described as a situation where a natural or modified creek channel is used to carry sediments from one area of a mining operation to another area, where settling ponds are then used to reduce the sediment load before the flow is returned to the creek channel.
The hearing will provide an opportunity for the public, and for representatives of industry, Government, regulatory and non-government organizations to assist the Board in their efforts to provide clearer guidelines for applicants who are considering this type of activity. The Board wishes to hear from all parties on the suitability of this practice in various situations, the need for the practice, the factors to be considered in assessing the potential effects and the opportunities for mitigating potential effects.
The hearing will be held at the Downtown Hotel, Dawson, Yukon, on May 17, 2001, beginning at 9 a.m.
Persons wishing to attend and participate in the hearing should notify the Board of their intention by May 4, 2001. Written submissions received prior to May 4, 2001, will be made available to all participants. Electronic copies of written submissions are requested, and should be sent by electronic mail to ytwb@ polarcom.com.
Copies of the Board's Rules of Procedure are available at the Water Board office located at 419 Range Road, Suite 106, Whitehorse, Yukon Y1A 3V1, (867) 667-3980 (Telephone), (867) 668-3628 (Facsimile).
GREGG JILSON
Chairman
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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).