Vol. 135, No. 45 — November 10, 2001

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Construction Services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2001-035) from Preston Phipps Inc., of Ottawa, Ontario, concerning a procurement (Solicitation No. EP077-016179/A) by the Department of Public Works and Government Services (PWGSC) on behalf of PWGSC, Real Property Contracting Directorate. The solicitation is for an upgrade to the humidification systems at National Defence Headquarters, Ottawa, Ontario. 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 the complaint.

It is alleged that this procurement contains restrictive requirements, in violation of the applicable 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, October 31, 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-2001-034) from Diversicomm Data Systems (Diversicomm), of Stittsville, Ontario, concerning a procurement (Solicitation No. 60074-010017/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Finance and the Treasury Board Secretariat. The solicitation is for the supply of LAN switches and configuration management software, as well as the support and maintenance of the proposed network and software. 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 the complaint.

It is alleged that PWGSC improperly applied the requirements of the Request for Proposal in finding Diversicomm's proposal to be non-compliant.

Further information may be obtained from: The Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 993-3595 (Telephone), (613) 990-2439 (Facsimile).

Ottawa, October 31, 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-2001-036) from COGNOS Inc., of Ottawa, Ontario, concerning a procurement (Solicitation No. 19200-000572/B) by the Department of Public Works and Government Services. The solicitation is for the supply of a balanced scorecard management information system adapted to the Department of Justice and an on-line analytical processing system, including licences, ongoing software support and user training. 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 the complaint.

It is alleged that the solicitation includes restrictive technical specifications and a time frame for the submission of proposals that have the effect of discriminating in favour of a competitor's product.

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 31, 2001

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-2001-007

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.

Excise Tax Act

Appellant v. Respondent (Minister of National Revenue)

December 2001

Date	Appeal Number	Appellant
12	AP-93-315	Les Pignons L.V.M. du Québec Inc. Section 68 and subsection 2(1)

Special Import Measures Act

Appellant v. Respondent (Commissioner of the Canada Customs and Revenue Agency)

December 2001

Date	Appeal Number	Appellant
3	AP-2001-012 At Issue:	MacSteel International (Canada) Limited Hot-rolled carbon steel plate from Korea

November 2, 2001

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);

— 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.

2001-662 October 29, 2001

Rogers Broadcasting Limited
Calgary, Alberta

Approved — Decrease of the effective radiated power for CHFM-FM Calgary from 74 000 watts to 48 000 watts.

2001-663 October 29, 2001

Rogers Radio (British Columbia) Ltd.
Chilliwack and Abbotsford, British Columbia

Approved — Increase of the effective radiated power for CKVX-FM-1 Abbotsford from 290 watts to 540 watts.

2001-664 October 29, 2001

Bethany Pentecostal Tabernacle
Whitehorse, Yukon Territory

Approved — New low-power English-language specialty FM radio programming undertaking at Whitehorse, expiring August 31, 2008.

2001-665 October 29, 2001

Corus Entertainment Inc.
Across Canada

Approved — Acquisition of control of Telelatino Network Inc. (TLN) by acquiring an additional 30.5 percent of TLN's voting shares.

2001-666 October 30, 2001

Les Entreprises Radiomédia inc.
Montréal, Quebec

Renewed — Broadcasting licence for the French-language radio network operated by Les Entreprises Radiomédia inc., from November 1, 2001, to March 31, 2002.

2001-668 November 2, 2001

Pelmorex Communications Inc.
Across Canada

Approved — Renewal of the broadcasting licence for the national English- and French-language specialty television service known as "The Weather Network/Météomédia," from December 1, 2001, to August 31, 2008.

Denied — Addition of explicit reference to interactivity.

Denied — Proposal to increase the monthly wholesale rate.

2001-669 November 2, 2001

Vision TV: Canada's Faith Network
Across Canada

Approved — Renewal of the licence for its national, multi-faith, English-language specialty television service, from December 1, 2001, to August 31, 2004.

Denied — Proposed increase in Vision TV's wholesale rate.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-111

Call for Comments — Proposed Amendments to the Specialty Services Regulations, 1990 and the Pay Television Regulations, 1990

Pursuant to its decision in respect of the ownership of analog discretionary services by cable undertakings — amendment to the Commission's policy (Public Notices CRTC 2001-66 and 2001-66-1), the Commission intends to amend its Specialty Services Regulations, 1990 and its Pay Television Regulations, 1990.

These amendments, which are appended to this notice, will serve to remove the prior approval requirement that applies in situations where a person licensed to operate a distribution undertaking seeks to purchase, directly or indirectly, more than 10 percent of a pay or specialty undertaking.

Call for comments

The Commission invites comments on this matter. The Commission will accept comments that it receives on or before November 29, 2001.

The Commission will not formally acknowledge 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 in the notice have been followed.

October 31, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-112

The Commission has received the following application:

1. Canadian Satellite Communications Inc.
Across Canada

To amend the licence of its national satellite relay distribution undertaking.

Deadline for intervention: December 6, 2001

November 1, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-113

Fact-finding Inquiry on Interactivity

The Commission calls for information related to the provision of interactive services. The procedure for submitting information is set out at the end of the integral version of this notice.

1. In Decision CRTC 2001-668, issued today, the Commission renewed the licence issued to Pelmorex Communications Inc. (Pelmorex) for The Weather Network/Météomédia. As part of its licence renewal application, Pelmorex had applied for a change to its nature-of-service condition of licence to explicitly recognize interactivity as an integral part of its digital service. As indicated in Decision 2001-668, the Commission has determined that it is not appropriate to approve such an amendment at this time.

2. At the same time, the Commission recognizes the importance that interactivity may play in the development of new and existing Canadian programming services, as well as the potential of such services to provide tremendous value to consumers. The advent of digital distribution, and the ever-increasing number of subscribers to digital service either through their cable, multi-point distribution systems (MDS), or satellite providers, stand to open up a broad range of opportunities to enhance the viewing choices and the level and type of service provided to subscribers.

3. In Public Notice CRTC 2000-171 Introductory Statement — Licensing of New Digital Pay and Specialty Services, the Commission asked programming services and distributors to jointly develop a code to govern the launch and distribution of the new Category 1 and 2 digital services. In March 2001, the industry filed a set of joint principles which were published by the Commission in Public Notice CRTC 2001-57 Principles for the Launch of Category 1 and 2 Digital Services. The Commission noted that the industry was unable to reach a consensus regarding principles to govern interactivity and stated:

As for interactive services, the Commission agrees with parties who submitted that it is too early to develop principles specific to this type of service. The Commission expects that there will be developments in this area in the short to medium term that will clarify the issues to be addressed. To this end, the Commission encourages both programmers and distributors to work together in such areas as the development of technical standards.

4. Developments in the last few months indicate that distributors and programmers are beginning to offer interactive features. For example, one of the set-top boxes now sold by Bell ExpressVu allows for interactivity. Rogers Cable Inc. has also recently announced that it would be providing interactive and enhanced cable services to its digital cable customers.

5. The Commission is of the opinion that the time is appropriate to initiate a process to gather facts on broadcasters', producers' and distributors' current and planned interactivity. This information will assist in the development of industry collaboration and help the industry and the Commission to address related issues as they arise.

What is interactivity?

6. It is difficult to define interactivity because it is a term that can be used to describe many rapidly evolving products and services. Rather than attempting to define interactivity precisely, the Commission provides the following characteristics that may apply to interactive services:

(a) A process that involves some form of two-way communication between viewer and content provider (or distributor), and which allows the viewer to provide some form of response including interaction with the set-top box; and

(b) A process that provides information or viewing options (including alternative video or audio signals) in relation to the offer of programming services.

To whom is this inquiry directed?

7. The Commission seeks comments from all interested parties, including members of the public, educational and community groups, the creative community, producers, broadcasters (including specialty services, over-the-air television and radio stations), the advertising community and distributors (including cable, MDS and satellite).

What does this inquiry seek?

8. Interested parties are asked to submit information on the following to the Commission:

(a) any other characteristics in addition to those set out in paragraph 6 above that apply to existing or planned interactive services;

(b) the types of activities currently underway that they consider to be interactive, and the licensed services that they are related to or may have an impact on;

(c) a detailed description of these interactive services, the content and how they work;

(d) a description of the equipment needed by the viewer, producer, broadcaster or distributor and data concerning the availability and affordability of this equipment;

(e) a description of the business models and current and potential demand for interactive services;

(f) descriptions of partnerships with producers, broadcasters and distributors relating to provision of interactive services;

(g) which of these interactive activities they consider to be broadcasting, and why;

(h) which of these interactive activities they consider to fall under the new media exemption order (Public Notice CRTC 1999-197), and why;

(i) planned developments related to interactivity in the coming year (or to be launched soon);

(j) planned developments in the long term; and

(k) other information that parties consider would be of interest to this fact-finding inquiry.

9. The record of this proceeding may serve as part of any further proceeding on this question.

Call for comments

10. The Commission invites comments that address the issues and questions set out in this notice. The Commission will accept comments that it receives on or before January 15, 2002.

11. The Commission will not formally acknowledge 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 in the notice have been followed.

November 2, 2001

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(Erratum)

HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and Orders on Claims for Exemption

Notice is hereby given that in the notices of decisions and orders published in the Canada Gazette, Part I, Vol. 135, No. 42, dated Saturday, October 20, 2001, on page 3991, under Rohm and Haas Canada Inc., West Hill, Ontario, Registry Numbers 4446 and 4447, the product identifiers should have read as follows:

PARALOID® BTA-730L Modifier 4446

PARALOID® K-400 Modifier 4447

R. BOARDMAN
Chief Screening Officer

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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).