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Vol. 135, No. 17 — April 28, 2001
COMMISSIONS
CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF INQUIRY
Flat Hot-rolled Carbon and Alloy Steel Sheet and Strip
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on April 19, 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 flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from Brazil, Bulgaria, the People's Republic of China, Chinese Taipei, India, the Republic of Korea, the former Yugoslav Republic of Macedonia, New Zealand, Saudi Arabia, South Africa, Ukraine and the Federal Republic of Yugoslavia, and the subsidizing of the same goods originating in or exported from India.
For the purpose of this investigation, certain flat hot-rolled carbon and alloy steel sheet and strip are defined as follows:
Flat hot-rolled carbon and alloy steel sheet and strip, including secondary or non-prime material, in various widths from 3/4" (19 mm) and wider, and
(a) for product in coil form, in thicknesses from 0.054"
to 0.625" (1.37 mm to 15.875 mm) inclusive, and
(b) for product that is cut-to-length, in thicknesses from
0.054" up to but not including 0.187" (1.37 mm up to but not including
4.75 mm),
excluding flat-rolled stainless steel sheet and strip and flat hot-rolled cut-to-length alloy steel products containing no less than 11.5 percent manganese, in thicknesses from 3 mm to 4.75 mm.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2001-001) 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 on July 16, 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 May 7, 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 May 7, 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.
In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of a material injury finding to simply notify the Tribunal by May 7, 2001. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.
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, April 20, 2001
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
EDP Hardware and Software
The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2000-078) from Eurodata Support Services Inc., of Ottawa, Ontario, concerning an Advance Contract Award Notice (Solicitation No. V9330-000085/A) by the Department of Public Works and Government Services (the Department). The solicitation is for the provision of hardware maintenance and software support services for HewlettPackard servers and associated peripherals. 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 proceeded with a limited tender.
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, April 18, 2001
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);
— 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
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
2000-626-1 April 19, 2001
Maple Leaf Sports and Entertainment Ltd. (OBCI)
Across Canada
The Commission hereby corrects the English-language version of Decision CRTC 2000-626 dated December 14, 2000, which approved Category 2 digital specialty service Maple Leaf Channel.
The Maple Leaf Channel will offer a national service, not a regional one as indicated in the English-language text of Decision CRTC 2000-626. The first sentence of Part (a) of the condition of licence describing the nature of service in the English-language text should have read as follows:
(a) The licensee shall provide a national English-language Category 2 specialty television service devoted to the Toronto Maple Leafs.
2001-223 April 18, 2001
Radio Communautaire de Châteauguay inc.
Châteauguay, Quebec
Approved — Replacement of the programming obligations currently set out as conditions of licence in the Promise of Performance for CHAI-FM Châteauguay.
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC HEARING 2001-5
The Commission will hold a public hearing commencing on June 19, 2001, at 9 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Hull, Quebec, to consider the following:
1. Astral Television Networks Inc.
Across Canada
To renew the licence of the national French-language pay television service known as "Super Écran," expiring November 30, 2001.
2. Le Réseau des Sports (RDS) inc.
Across Canada
To renew the licence of the national French-language specialty television service known as RDS, expiring November 30, 2001.
3. MusiquePlus Inc.
Across Canada
To renew the licence of the French-language specialty television service known as MusiquePlus which expires November 30, 2001.
4. Pelmorex Communications Inc.
Across Canada
To renew the licence of the national specialty television service known as The Weather Network/Météomédia, expiring November 30, 2001.
5. The Sports Network Inc. (TSN)
Across Canada
To renew the licence of the national English-language specialty television service known as TSN, expiring November 30, 2001.
6. Vision TV: Canada's Faith Network
Across Canada
To renew the licence of the national English-language specialty television services, expiring November 30, 2001.
7. 2953285 Canada Inc. "The Discovery Channel"
Across Canada
To renew the licence of the national English-language specialty television service known as The Discovery Channel, expiring November 30, 2001.
8. Cogéco Radio-Télévision inc.
Laval, Quebec
For a broadcasting licence to carry on a transitional digital radio undertaking (DRU) in Montréal and Laval.
9. CPAM Radio Union.Com Inc.
Montréal, Quebec
For a broadcast licence to carry on a French-language ethnic AM radio station in Montréal.
10. Radio Témiscamingue Inc.
Ville-Marie and Témiscaming, Quebec
To renew the licence of the radio station CKVM Ville-Marie and its transmitter CKVM-FM-1 Témiscaming, expiring August 31, 2001.
11. Astral Television Networks Inc.
Ontario, Quebec and Atlantic Provinces (Eastern Canada)
To renew the licence of the regional English-language pay television service known as "The Movie Network," expiring November 30, 2001.
12. Fawcett Broadcasting Limited
Fort Frances, Ontario
For a broadcasting licence to carry on an English-language FM radio station in Fort Frances.
13. MSD Computer Corp., on behalf of a corporation to be incorporated
known as Manitoulin Communications Inc.
Little Current, Ontario
For a broadcasting licence to carry on an English-language developmental community FM radio station in Little Current.
14. Rogers Broadcasting Limited
Ottawa, Ontario
To renew the licence of the radio station CKBY-FM Ottawa, expiring August 31, 2001.
15. 1333598 Ontario Limited
Pigeon River Border Crossing, Ontario
For a broadcasting licence to carry on an English-language low-power FM radio station in Pigeon River Border Crossing.
16. David Jackson, on behalf of a corporation to be incorporated
Sudbury, Ontario
For a broadcasting licence to carry on a low-power English-language FM radio station at Sudbury.
17. Superchannel Ltd.
British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories
and Nunavut
To renew the licence of the regional English-language pay television service known as "SuperChannel," expiring November 30, 2001.
18. MovieMax
British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories
and Nunavut
To renew the licence of the regional English-language pay television service known as "MovieMax!," expiring November 30, 2001.
19. Senior Engineer Communications, Saskatchewan Power Corporation, Doug Brownlee and his successors Athabasca Hydro Stations, Saskatchewan
To acquire the assets of the radiocommunication distribution undertaking serving Athabasca Hydro Stations currently held by Brad Nielsen.
20. Craig Broadcast Systems Inc.
Regina, Saskatchewan
To renew the licence of the radio station CFWF-FM, expiring August 31, 2001.
21. Community Radio Society of Saskatoon Inc.
Saskatoon, Saskatchewan
To renew the licence of the radio station CFCR-FM, expiring August 31, 2001.
22. Drumheller Regional Business Development Centre Corp.
Drumheller, Alberta
To acquire the assets of CHTR-FM Drumheller.
23. Athabasca Motor Hotel (1972) Limited, on behalf of a corporation
to be incorporated
Jasper, Alberta
For a broadcasting licence to carry on an English-language low-power FM tourist information radio station in Jasper.
24. Rimbey Church of the Nazarene
Rimbey, Alberta
For a broadcasting licence to carry on an English-language low-power FM religious radio station in Rimbey.
25. Columbia Kootenay Broadcasting Co. Ltd., a division of Jim Pattison
Industries Ltd.
Cranbrook, British Columbia
For a broadcasting licence to carry on an English-language FM radio station in Cranbrook.
26. Telemedia Radio (West) Inc.
Vernon, British Columbia
For a broadcasting licence to carry on an English-language FM radio station in Vernon.
Deadline for intervention: May 30, 2001
April 18, 2001
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 2001-43
The Commission has received the following applications:
Rogers Cable Inc.
Allardville, Bathurst, Blue Mountain Settlement, etc., New Brunswick; Carleton, Quebec; and Bolton and surrounding areas, CFB Borden, Alliston, etc., Ontario
To add a condition of licence that would allow the licensee, at its option, to insert certain promotional material as a substitute for the "local availabilities" (i.e. non-Canadian advertising material) or non-Canadian satellite services.
Deadline for intervention: May 24, 2001
April 19, 2001
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 2001-44
The Commission has received the following applications:
1. Radio du golfe inc.
Cloridorme, Rivière-à-Claude, etc., Quebec
To add FM transmitters at Cloridorme, Rivière-à-Claude, Sainte-Anne-des-Monts East and Murdochville so that the residents of the villages receive all the regional information available; and to amend the technical contours of the low power station CJMC-FM-4 Grande-Vallée by changing the current frequency of 92.7 MHz (channel 224LP) to 103.1 MHz (channel 276LP).
2. Canadian Broadcasting Corporation
Deline, Northwest Territories
To change the programming source of the transmitter CBQO-FM Deline from CHAK Inuvik to CFYK Yellowknife.
Deadline for intervention: May 24, 2001
April 19, 2001
[17-1-o]
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC NOTICE 2001-45
Renewal of Radio Programming Undertaking Licences Due to Expire in 2001
The Commission announces that it has received licence renewal applications for radio programming undertakings whose licences are due to expire in 2001. The licensees seeking renewal are listed below.
| Licensee | Call Sign and Locality | |
|---|---|---|
| Newfoundland | ||
| 1. | CBC/SRC | CBN St. John's |
| 2. | CBC/SRC | CBY Corner Brook |
| 3. | CBC/SRC | CBG Gander |
| 4. | CBC/SRC | GBT Grand Falls |
| 5. | CBC/SRC | CBN-FM St. John's |
| 6. | CBC/SRC | CFGB-FM Happy Valley/Goose Bay |
| 7. | CBC/SRC | CBDQ-FM Labrador City/Wabush |
| 8. | Seventh-Day Adventist Church in Newfoundland and in Labrador |
VOAR Mount Pearl |
| 9. | Wesley United Church Radio Board | VOWR St. John's |
| Nova Scotia | ||
| 10. | CBC/SRC | CBI Sydney |
| 11. | CBC/SRC | BI-FM Sydney |
| 12. | CBC/SRC | CBAF-FM-5 Halifax |
| 13. | CBC/SRC | CBH-FM Halifax |
| 14. | CBC/SRC | CBHA-FM Halifax |
| 15. | Maritime Broadcasting System Limited | CHNS Halifax |
| Prince Edward Island | ||
| 16. | CBC/SRC | CBCT-FM |
| 17. | CBC/SRC | CBAF-FM-15 |
| New Brunswick | ||
| 18. | CBC/SRC | CBZ Fredericton |
| 19. | CBC/SRC | CBA Moncton |
| 20. | CBC/SRC | CBAF-FM Moncton |
| 21. | CBC/SRC | CBAL-FM Moncton |
| 22. | CBC/SRC | CBD-FM Saint John |
| 23. | CBC/SRC | CKCX Sackville |
| 24. | Les Médias Acadiens Universitaires inc. | CKUM-FM Moncton |
| 25. | Maritime Broadcasting System Limited | CFAN Newcastle |
| 26. | Maritime Broadcasting System Limited | CJCW Sussex |
| 27. | Radio Acadie Ltée | CJVA Caraquet |
| Quebec | ||
| 28. | CBC/SRC | CBGA Matane |
| 29. | CBC/SRC | CBFA-3 Weymotachie |
| 30. | CBC/SRC | CBJ-FM Chicoutimi |
| 31. | CBC/SRC | CBM-FM Montréal |
| 32. | CBC/SRC | CBSI-FM Sept-Îles |
| 33. | CBC/SRC | CFB-FM Montréal |
| 34. | CBC/SRC | CBF-FM-10 Sherbrooke |
| 35. | CBC/SRC | CBFX-FM Montréal |
| 36. | CBC/SRC | CBV-FM Québec |
| 37. | CBC/SRC | CBVE-FM Québec |
| 38. | CBC/SRC | CBVX-FM Québec |
| 39. | CBC/SRC | CBFG-FM Chisasibi |
| 40. | CBC/SRC | CBFH-FM Waskaganis |
| 41. | CBC/SRC | CBFV-FM Waswanipi |
| 42. | CBC/SRC | CBME-FM Montréal |
| 43. | CBC/SRC | CBJX-FM Chicoutimi |
| 44. | CBC/SRC | CBRX-FM Rimouski |
| 45. | CBC/SRC | CJBR-FM Rimouski |
| 46. | CBC/SRC | CBF-FM-8 Trois-Rivières |
| 47. | CIBM-FM | CIBM-FM Rivière-du-Loup |
| 48. | CIBM-FM | CHOX-FM La Pocatière |
| 49. | Fondation Radio Galilée | CION-FM Beauceville |
| 50 | Les Communications Matane inc. | CHOE-FM Matane |
| 51. | Radio Beauce inc. | CHJM-FM Saint-Georges |
| 52. | Radio CHNC ltée | CHNC New Carlisle |
| 53. | Radio CJFP (1986) ltée | CIEL-FM-4 Trois-Pistoles |
| 54. | Radio CJFP (1986) ltée | CIEL-FM Rivière-du-Loup |
| 55. | Radio Communautaire de Harrington Harbour | CFTH-FM-1 Harrington Harbour |
| 56. | Radio Communautaire de Harrington Harbour | CFTH-FM-2 La Tabatière |
| 57. | Radio Nord. Inc. | CHLM-FM Rouyn-Noranda |
| 58. | Sonème inc. | CFLO-FM Mont-Laurier |
| 59. | Télémédia Radio Inc. | CKTS Sherbrooke |
| Ontario | ||
| 60. | CBC/SRC | CBE Windsor |
| 61. | CBC/SRC | CBEF Windsor |
| 62. | CBC/SRC | CJBC Toronto |
| 63. | CBC/SRC | CJBC-FM Toronto |
| 64. | CBC/SRC | CBOX-FM Ottawa |
| 65. | CBC/SRC | CBOF-FM Ottawa |
| 66. | CBC/SRC | CBON-FM Sudbury |
| 67. | CBC/SRC | CBE-FM Windsor |
| 68. | CBC/SRC | CBL-FM Toronto |
| 69. | CBC/SRC | CBOQ-FM Ottawa |
| 70. | CBC/SRC | CBLA-FM Toronto |
| 71. | CBC/SRC | CBQT-FM Thunder Bay |
| 72. | CBC/SRC | CBCS-FM Sudbury |
| 73. | CBC/SRC | CBO-FM Ottawa |
| 74. | CBC/SRC | CBCL-FM London |
| 75. | CBC/SRC | CBPO-FM Parry Sound |
| 76. | Conestoga College Communications Corporation | CJIQ-FM Kitchener/Paris |
| 77. | Homegrown Community Radio | CHCR-FM Killaloe |
| 78. | North Superior Broadcasting Ltd. | CFNO-FM Marathon |
| 79. | North Superior Broadcasting Ltd. | CBQ-FM Thunder Bay |
| 80. | Southern Onkwehon: we Nishinabec Indigenous Communications Society | CKRZ-FM Ohsweken |
| 81. | Télémédia Radio Inc. | CKGB Timmins |
| 82. | Télémédia Radio Inc. | CJQQ-FM Timmins |
| 83. | Wired World Inc. | CKWR-FM Kitchener |
| Manitoba | ||
| 84. | CBC/SRC | CBW Winnipeg |
| 85. | CBC/SRC | CKSB St. Boniface |
| 86. | CBC/SRC | CBWK-FM Thompson |
| 87. | CBC/SRC | CBW-FM Winnipeg |
| 88. | Rogers Broadcasting Limited | CKY Winnipeg |
| Saskatchewan | ||
| 89. | CBC/SRC | CBK Regina |
| 90. | CBC/SRC | CBK-FM Regina |
| 91. | CBC/SRC | CBKF-FM Regina |
| 92. | CBC/SRC | CBKA-FM La Ronge |
| 93. | Briercrest Community Radio Inc. | CJOS-FM Caronport |
| Alberta | ||
| 94. | CBC/SRC | CHFA Edmonton |
| 95. | CBC/SRC | CBR Calgary |
| 96. | CBC/SRC | CBX Edmonton |
| 97. | CBC/SRC | CBPB-2 Jasper National Park (Athabasca Falls) |
| 98. | CBC/SRC | CBPB-1 Jasper National Park (Maligne Canyon) |
| 99. | CBC/SRC | CBPB Jasper National Park |
| 100. | CBC/SRC | CBPA-2 Jasper National Park (Athabasca Falls) |
| 101. | CBC/SRC | CBPA-1 Jasper National Park (Maligne Canyon) |
| 102. | CBC/SRC | CBPA Jasper National Park |
| 103. | CBC/SRC | CBX-FM Edmonton |
| 104. | CBC/SRC | CBR-FM Calgary |
| British Columbia | ||
| 105. | CBC/SRC | CBU Vancouver |
| 106. | CBC/SRC | CFPR Prince Rupert |
| 107. | CBC/SRC | CBPD-1 Glacier National Park (Rogers Pass) |
| 108. | CBC/SRC | CBPC-1 Glacier National Park (Rogers Pass) |
| 109. | CBC/SRC | CBPR Revelstoke |
| 110. | CBC/SRC | CBTK-FM Kelowna |
| 111. | CBC/SRC | CBYG-FM Prince George |
| 112. | CBC/SRC | CBUF-FM Vancouver |
| 113. | CBC/SRC | CBU-FM Vancouver |
| 114. | CBC/SRC | CBCV-FM Victoria |
| 115. | Cariboo Central Interior Radio Inc. | CKCQ Quesnel |
| 116. | Cariboo Central Interior Radio Inc. | CBPR-FM Revelstoke |
| 117. | Fairchild Radio (Vancouver FM) Ltd. | CHKG-FM Vancouver |
| Northwest Territories | ||
| 118. | CBC/SRC | CFYK Yellowknife |
| 119. | CBC/SRC | CFFB Iqaluit |
| 120. | CBC/SRC | CHAK Inuvik |
| 121. | CBC/SRC | CBQR-FM Rankin Inlet |
| 122. | CBC/SRC | CFWH Whitehorse |
| 123. | CBC/SRC | CBPY Whitehorse |
| 124. | Association des francophones de Nunavut | CFRT-FM Iqaluit |
Date for intervention: May 25, 2001
April 20, 2001
[17-1-o]
COMPETITION TRIBUNAL
COMPETITION ACT
Application for an Order
Notice is hereby given that on April 18, 2001, an application under sections 92 and 105 the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Commissioner of Competition appointed under the Competition Act, in the matter of the acquisition of a majority share of Chapters Inc. by Trilogy Retail Enterprises L.P. and the proposed merger of Indigo Books & Music Inc. and Chapters Inc. and their respective affiliates, Indigo Online Inc. and Chapters Online Inc. The respondents in this application are: Trilogy Retail Enterprises L.P., Chapters Inc. and Indigo Books & Music Inc.
Particulars of the order sought:
(a) an order in the form of the draft consent order attached to the notice of application as Exhibit "A"; and
(b) such further or other order as the applicant and respondents, on consent, may advise and the Tribunal considers appropriate.
Notice is hereby given that any requests for leave to intervene and any comments in this matter must be filed with the Registrar on or before May 8, 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.
April 18, 2001
MONIQUE SÉGUIN
Registrar
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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 Haz-ardous 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 |
|---|---|---|---|---|
| Air Products and Chemicals Inc., Allentown, Pennsylvania |
SURFYNOL CT-136 GRIND AID | 1190-003 | January 2000 | February 7, 2001 |
| The Lubrizol Corporation, Wickliffe, Ohio |
Lubrizol(r) 5691D | 3222 | 11 July 2000 | January 25, 2001 |
| The Lubrizol Corporation, Wickliffe, Ohio |
Lubrizol(r) 5160 | 3228 | 10 September 2000 | March 26, 2001 |
| Woodrising Resources Limited, Calgary, Alberta | Paratene D731 | 4144 | January 1998 | January 23, 2001 |
| ATOFINA Chemicals Inc., formerly Elf Atochem Inc., North America, Philadelphia, Pennsylvania |
SULFA HITECH-CC | 4196 | 06/16/98 | February 16, 2001 |
| 3M Canada Company, London, Ontario |
3M(TM) SCOTCHLITE (TM) ROLL COAT COLOUR 4809V YELLOW |
4200 | 04/20/98 | March 30, 2001 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 1224 Performance Additive | 4259 | 10/27/98 | March 6, 2001 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 1226 Performance Additive | 4260 | 10/22/98 | March 6, 2001 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 1232 Performance Additive | 4261 | 11/10/98 | March 6, 2001 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 510 Performance Additive | 4262 | 08/04/98 | January 2, 2001 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 502 Performance Additive | 4275 | 10/21/98 | February 19, 2001 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 1117 Performance Additive | 4294 | 12/29/98 | January 25, 2001 |
| BYK-Chemie USA, Wallingford, Connecticut |
BYK-W 966 | 4298 | 01/01/99 | March 1, 2001 |
| BYK-Chemie USA, Wallingford, Connecticut |
BYK-W 996 | 4300 | 01/01/99 | February 22, 2001 |
| BYK-Chemie USA, Wallingford, Connecticut |
Byketol-WS | 4301 | 07/13/99 | March 1, 2001 |
| 3M Canada Company, London, Ontario |
"SCOTCH-WELD" (TM) 460 (PART A) OFF-WHITE EPOXY ADHESIVE | 4325 | 02/16/99 | March 15, 2001 |
| 3M Canada Company, London, Ontario |
"SCOTCH-WELD" (TM) DP-460 (PART A) OFF-WHITE EPOXY ADHESIVE |
4326 | 02/16/99 | March 15, 2001 |
| Cognis Canada Corporation, formerly Henkel Canada Ltd., Mississauga, Ontario |
TRYLUBE 7630 | 4336 | MAR 09/99 | February 13, 2001 |
| Cognis Canada Corporation, formerly Henkel Canada Ltd., Mississauga, Ontario |
CAPCURE 3-800 | 4337 | MAR 11/99 | January 19, 2001 |
| Cognis Canada Corporation, formerly Henkel Canada Ltd., Mississauga, Ontario |
DACOSPIN 233 | 4344 | APR 06/99 | February 13, 2001 |
| Cognis Canada Corporation, formerly Henkel Canada Ltd., Mississauga, Ontario |
STANTEX 0511 | 4345 | APR 06/99 | February 13, 2001 |
| Union Carbide Canada Inc., Anjou, Quebec | UCARSOL(TM) CR SOLVENT 421 SOLVANT UCARSOL(MC) CR 421 |
4384 | 1999.09.15 | March 27, 2001 |
| Union Carbide Canada Inc., Anjou, Quebec |
UCARSOL(TM) CR SOLVENT 435 SOLVANT UCARSOL(MC) CR 435 |
4385 | 1999.09.15 | March 27, 2001 |
| Cognis Canada Corporation, formerly Henkel Canada Ltd., Mississauga, Ontario |
PHOTOMER 3215 formerly RCC 13-215 | 4423 | JAN 09/2001 | March 30, 2001 |
| Union Carbide Canada Inc., Anjou, Quebec |
UCARSOL(TM) CR SOLVENT 434 SOLVANT UCARSOL(MC) CR 434 |
4435 | 1999.09.15 | March 27, 2001 |
Notes: 1. The Notice of Filing published in the Canada Gazette, Part I, on February 12, 1994, incorrectly listed the product identifiers for the controlled products associated with the claims bearing Registry Numbers 3222 and 3228 as Lubrizol 5691D and Lubrizol 5160. The correct product identifiers are LUBRIZOL(r) 5691D and LUBRIZOL(r) 5160, respectively.
2. The Notice of Filing published in the Canada Gazette, Part I, on August 7, 1999, incorrectly listed the product identifier for the controlled product associated with the claim bearing Registry Number 4325 as "SCOTCH-WELD (TM) DP-460 (PART A) OFF-WHITE EPOXY ADHESIVE. The correct product identifier is "SCOTCH-WELD" (TM) 460 (PART A) OFF-WHITE EPOXY ADHESIVE.
3. The Notice of Filing published in the Canada Gazette, Part I, on August 10, 1991, listed the subject of the claim bearing Registry Number 1190-003 to be the chemical identity and concentration of four 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 February 12, 1994, listed the subject of the claim bearing Registry Number 3228 to be the chemical identity of one ingredient. It has since been established that the subject of the claim is the chemical identity of two ingredients.
5. The Notice of Filing published in the Canada Gazette, Part I, on January 30, 1999, listed the subject of the claims bearing Registry Numbers 4259 and 4294 to be the chemical identity and concentration of one ingredient. It has since been established that the subject of the claims is the chemical identity and concentration of two ingredients.
6. The Notice of Filing published in the Canada Gazette, Part I, on January 30, 1999, listed the subject of the claim bearing Registry Number 4260 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 and concentration of three ingredients.
7. The Notice of Filing published in the Canada Gazette, Part I, on January 30, 1999, listed the subject of the claim bearing Registry Number 4261 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 five ingredients.
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 3222, 4259, 4275, 4294, 4300, 4336, 4337, 4344 and 4423 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 Number 1190-003
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. Disclose the Exposure Limit Value ACGIH TLV-C = 40 ppm for ethylene glycol;
2. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. 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;
3. Add carbon dioxide and oxides of nitrogen to the list of hazardous combustion products;
4. Disclose an LD50 (oral, female rat) value of 4 000 mg/kg and an LD50 (dermal, rabbit) value of 9.53 mL/kg for ethylene glycol;
5. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse effects on sperm production in laboratory animals;
6. Disclose that an ingredient in the controlled product has been shown to cause adverse reproductive effects in laboratory animals;
7. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A and disclose the correct information with respect to the WHMIS classification of B3;
8. Disclose the following statement in Section 15, Regulatory Information: "This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the information required by the CPR."
Registry Number 3228
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 the generic chemical identity of an additional confidential hazardous ingredient in the controlled product, disclose its concentration in an acceptable manner and disclose that the real chemical identity is included in the claim for exemption;
2. Disclose the chemical identities and CAS Registry Numbers of any hazardous ingredients covered by the generic term of alkylated phenol and remove the inference that they were a part of the claim for exemption;
3. Remove the OSHA-PEL exposure limit value of 10 ppm for the hazardous ingredient diphenylamine;
4. 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 for at least 15 minutes or until the chemical is removed.
Acknowledgement: Subsequent to the review of the MSDS-of-Record respecting this particular claim, the claimant provided the Commission with a copy of a revised version. This revised version of the MSDS was not, however, reviewed by the Screening Officer.
Registry Number 4144
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. Replace the percent concentration range for heavy aromatic naphtha with an acceptable WHMIS percent concentration range;
2. Disclose the presence of three additional confidential hazardous ingredients in the controlled product;
3. Disclose LD50 values for four of the confidential hazardous ingredients in an acceptable manner, and the value of a lower bound for the LC50 value for one of the confidential hazardous ingredients;
4. Disclose the AIHA WEEL Exposure Limit Value for one of the confidential hazardous ingredients;
5. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse kidney effects in laboratory animals;
6. Disclose that an ingredient in the controlled product has been shown to cause teratogenic effects in laboratory animals;
7. In relation to the first aid information shown on the MSDS for ingestion, remove the statement to give large quantities of water and replace it with a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. 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;
8. Add oxides of sulphur to the list of hazardous combustion products;
9. Disclose the following statement in Section 15, Regulatory Information: "This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the information required by the CPR."
Acknowledgement: Subsequent to the review of the MSDS-of-Record respecting this particular claim, the claimant provided the Commission with a copy of a revised version. This revised version of the MSDS was not, however, reviewed by the Screening Officer.
Registry Number 4196
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. Add oxides of nitrogen to the list of hazardous combustion products;
2. Disclose the following statement in Section 15, Regulatory Information: "This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the information required by the CPR."
Registry Number 4200
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 first aid advice for ingestion in words having the following effect: Do not induce vomiting. Have casualty drink 250-300 mL of water. If vomiting occurs naturally, have the casualty lean forward to reduce the risk of aspiration. Consult a physician;
2. Disclose oxides of carbon and nitrogen as hazardous combustion products;
3. Disclose LD50 values for the confidential hazardous ingredient in an acceptable manner;
4. Disclose the Exposure Limit Values AIHA WEEL-TWA = 10 mg/m3 (inhalable particles) and 5 mg/m3 (respirable particles) for melamine;
5. Disclose that chronic inhalation of an ingredient in the controlled product has been shown to cause irreversible changes to brain structure in laboratory animals;
6. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse effects on the liver and the immune system of laboratory animals;
7. Disclose that formaldehyde has been shown to cause respiratory sensitization in workers;
8. Disclose that an ingredient in the controlled product has shown positive results in screening tests for mutagenicity;
9. Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals.
Registry Number 4260
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 an LD50 (oral, rat) value of 4 000 mg/kg and an LD50 (dermal, guinea pig) value of 9.53 mL/kg for ethylene glycol;
2. Disclose LD50 values for one of the confidential hazardous ingredients;
3. Disclose that an ingredient in the controlled product is a fetotoxin and a teratogen;
4. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A;
5. Remove the inference from Section 15 of the MSDS that ethylene glycol is not a WHMIS hazardous ingredient.
Registry Number 4261
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 the presence of an additional confidential hazardous ingredient in the controlled product.
Registry Number 4262
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 an LD50 (dermal, rabbit) value of 2.38 mL/kg and an oral LD50 value for 2-ethyl-1-hexanol;
2. In relation to the period of time shown on the MSDS for flushing the eyes with water should eye contact occur, delete the current reference to "fifteen minutes" and replace it with a time of "from twenty to thirty minutes;"
3. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse effects on the immune system of laboratory animals;
4. Remove the inference from Section 15 of the MSDS that 2-ethyl-1-hexanol is not a WHMIS hazardous ingredient.
Registry Number 4298
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 an LD50 (oral, rat) value of 3 523 mg/kg for xylene;
2. Disclose that hexane synergistically enhances the hearing loss caused by inhalation exposure to xylene in laboratory animals;
3. In relation to the first aid information shown on the MSDS for skin contact, add that medical attention should be sought in cases where adverse symptoms develop.
Registry Number 4301
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 an LD50 (oral, rabbit) value of 320 mg/kg for 2-butoxyethanol;
2. In relation to the first aid information shown on the MSDS for skin contact, add that medical attention should be sought in cases where adverse symptoms develop.
Registry Numbers 4325 and 4326
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 ingestion, add a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Registry Number 4345
The claimant has been ordered to amend certain aspects of the content of the MSDS.
Registry Numbers 4384, 4385 and 4435
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 ingestion, add a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
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 3222, 4259, 4275, 4294, 4300, 4336, 4337, 4344 and 4423, 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.
R. BOARDMAN
Chief Screening Officer
[17-1-o]
NOTICE:
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