Vol. 137, No. 25 — June 21, 2003

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2003-002

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, Standard Life Centre, 18th Floor, 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)

July 2003

Date	Appeal Number	Appellant
24	AP-2002-104	Praxair Canada Inc., Successor to Union Carbide Canada Limited Section 42

Customs Act

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

July 2003

Date	Appeal Number	Appellant
16	AP-2002-111 Goods in Issue: Date of Entry: Tariff Items at Issue	BIOnova Medical Inc. Bioflex(r) Magnetic Pads May 31, 2002
	Appellant:	9021.90.00 and 9018.90.90
	Respondent:	8505.19.90 and 6307.90.99
22	AP-2002-107 Goods in Issue: At Issue:	Dex Bros. Clothing Co. Ltd. Apparel and accessories Value for duty
30	AP-2002-028 Goods in Issue: Tariff Items at Issue	Canadian Meter Company Inc. Index boxes, revolution counters and their parts
	Dates of Entry:	February 1, 1995, to April 9, 1997
	Appellant:	9029.10.10 and 9029.90.94
	Respondent:	9028.90.92, 8481.90.10 and 9029.10.10

June 13, 2003

By order of the Tribunal

MICHEL P. GRANGER

Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Industrial Equipment

Notice is hereby given that, further to a decision of the Federal Court of Appeal, which set aside the recommendation of the Canadian International Trade Tribunal (the Tribunal) in File No. PR-2002-015 made on October 15, 2002, and remitted the matter to the Tribunal with the direction to redetermine the recommended remedy and to provide reasons for its recommendation, the Tribunal made a redetermination (File No. PR-2002-015R) on June 10, 2003. This redetermination was related to the complaint filed by ZENON Environmental Inc. (the complainant), of Oakville, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. W8482-01TF04/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation was for the repair and overhaul of shipboard reverse osmosis desalinators.

Pursuant to subsections 30.15(2) and (3) of the Canadian International Trade Tribunal Act, the Tribunal recommended, as a remedy, that PWGSC re-tender the procurement, in accordance with the applicable trade agreements, as soon as is operationally possible and prior to the exercise of any extension rights under the current contract. The Tribunal also recommended that the current contract remain with Seprotech Systems Inc. until such time as the re-tendering is complete and a new contract is awarded.

In addition, the Tribunal recommended that the complainant be compensated for lost opportunity in the amount of one third of the profit that it would reasonably have made during the time that Seprotech System Inc. holds the current contract and until such time as the re-tendering is complete. The starting basis for the calculation of profit will be the complainant's normal profit margin percentage multiplied by the actual value of the contract usage up to the time of the award of a new contract.

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, June 12, 2003

MICHEL P. GRANGER

Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Information Processing and Related Telecommunications Services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2002-057) on June 12, 2003, with respect to a complaint filed by WorkLogic Corporation (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. 39903-021054/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Canadian Food Inspection Agency (CFIA). The solicitation was for the provision of informatics professional services.

The complainant alleged that PWGSC and the CFIA applied evaluation criteria that were not stated in the solicitation document.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal determined that the complaint was not valid.

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, June 12, 2003

MICHEL P. GRANGER

Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Maintenance, Repair, Modification, Rebuilding and Installation of Goods and Equipment

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2002-063) on June 13, 2003, with respect to a complaint filed by FELLFAB Limited (the complainant), of Hamilton, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. 200301002) by VIA Rail Canada Inc. (VIA). The solicitation was for the refurbishment of coach seats.

The complainant alleged that, contrary to the provisions of the North American Free Trade Agreement, VIA did not make the price of the winning bid public knowledge. It also alleged that VIA constructed the procurement so as to be an improper sole source.

Having examined the evidence presented by the parties and considered the provisions of the North American Free Trade Agreement, the Tribunal dismissed the complaint.

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, June 13, 2003

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, Room G-5, 1 Promenade du Portage, 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, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (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.

2003-177 June 9, 2003

South Cariboo Communications Inc.
Lillooet, British Columbia

The Commission revokes the licence issued to South Cariboo Communications Inc., for the undertaking serving Lillooet.

2003-178 June 10, 2003

Vidéotron ltée, CF Cable TV Inc. and Videotron (Regional) Ltd.
Lachute, Montréal, Sorel and Terrebonne, Quebec

Approved — Distribution of WWBI-TV on a discretionary digital basis.

2003-179 June 11, 2003

Barry Reid, on behalf of a corporation to be incorporated (Hope FM Ministries)
Truro, Nova Scotia

Approved — New low-power English-language specialty FM radio programming undertaking in Truro, Nova Scotia, expiring August 31, 2009.

2003-180 June 12, 2003

Rogers Broadcasting Limited
Winnipeg, Manitoba

Approved — Decrease of the effective radiated power of the radio programming undertaking CITI-FM Winnipeg, from 210 000 watts to 100 000 watts, and change the authorized contours.

2003-181 June 12, 2003

Radio du Golfe inc.
Sainte-Anne-des-Monts and La Martre, Quebec

Approved — Change of the frequency of the transmitter at La Martre, from 103.1 MHz (channel 276LP) to 92.7 MHz (channel 224LP), and extension of the time limit to commence the operation of the new transmitter.

2003-182 June 13, 2003

Wood Lake Cable Ltd.
Winfield, British Columbia

The Commission revokes the licence for the cable distribution undertaking authorized to serve Winfield.

2003-183 June 13, 2003

L'Alliance Laurentienne des métis et indiens sans statut, Local 30 Mistassini inc.
Dolbeau-Mistassini, Quebec

Approved — Extension of the time limit to commence the operation of the native FM radio programming undertaking in Dolbeau-Mistassini.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-29

The Commission has received the following application:

1. Bell Expressvu Inc., the General Partner, and BCE Inc. and 4119649 Canada Inc. (Partners in BCE Holding General Partnership), The Limited Partners, carrying on Business as Bell Expressvu Limited Partnership
Across Canada

To amend three conditions of licence associated with its terrestrial pay per view service with the intent of making the programming carriage commitment comparable to those of its DTH PPV service.

Deadline for intervention: July 4, 2003

June 10, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-30

Call for Applications for a Broadcasting Licence to Carry On a Low Power Radio Programming Undertaking to Serve Fredericton

The Commission announces that it has received applications for broadcasting licences to provide low-power commercial radio services operating in a specialty format to serve Fredericton.

As stated in Public Notice CRTC 2002-61, Policy Framework for community-based media, the Commission may issue calls for competing low-power applications when potential low-power frequencies are scarce in the market to be served. The Commission will generally consider that low-power frequencies are scarce in "markets where no more than three low-power FM frequencies are available for assignment." The Commission's preliminary analysis indicates that this is the case in the Fredericton market.

The Commission hereby calls for applications from other parties wishing to obtain a low-power radio licence (or licences) to serve this area.

Persons interested in responding to this call must submit a formal application to the Commission no later than August 27, 2003. Applicants are also required to submit all necessary technical documentation to the Department of Industry by the same date.

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

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

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The factors relevant to the evaluation of applications, as outlined in Decision CRTC 1999-480 dated October 28, 1999.

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

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

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

The Commission also reminds applicants that they must comply with the eligibility requirements set out in the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192, dated April 8, 1997, as amended by SOR/98-378, dated July 15, 1998, and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), SOR/85-627, dated June 27, 1985, as amended by SOR/97-231, dated April 22, 1997.

The Commission will announce at a later date the public process for considering applications and where they may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written intervention(s) to the Canadian Radiotelevision and Telecommunications Commission.

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

June 12, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-31

Call for Applications for Broadcasting Licences to Carry on Radio Programming Undertakings to Serve Halifax, Nova Scotia, and Moncton and Saint John, New Brunswick

The Commission announces that it has received applications for broadcasting licences to provide commercial radio services to serve Halifax, Moncton and Saint John.

The Commission hereby calls for applications from other parties wishing to obtain a radio licence (or licences) to serve any or all of these areas.

Persons interested in responding to this call must submit a formal application to the Commission no later than August 27, 2003. Applicants are also required to submit all necessary technical documentation to the Department of Industry by the same date.

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

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

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The factors relevant to the evaluation of applications, as outlined in Decision CRTC 1999-480 dated October 28, 1999.

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

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

For the convenience of interested parties, the financial summaries for the Halifax and Moncton Radio Markets are attached to the hard copy version of this call. However, the Commission notes that, in accordance with the Guidelines respecting the confidential treatment of annual returns (Circular 429), an aggregate financial summary for the Saint John Radio Market cannot be made available due to the limited number of incumbents serving that market.

The Commission also notes that Moncton is served by both English-language and French-language commercial radio stations.

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

The Commission also reminds applicants that they must comply with the eligibility requirements set out in the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192, dated April 8, 1997, as amended by SOR/98-378, dated July 15, 1998, and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), SOR/85-627, dated June 27, 1985, as amended by SOR/97-231, dated April 22, 1997.

The Commission will announce at a later date the public process for considering applications, and where they may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written intervention(s) to the Canadian Radio-television and Telecommunications Commission.

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

June 12, 2003

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY

Northern States Power Company

Notice is hereby given that by an application dated June 16, 2003, Northern States Power Company (a Minnesota Corporation) has applied to the National Energy Board (the "Board"), under Division II of Part VI of the National Energy Board Act (the "Act"), for authorization to export up to 800 gigawatt-hours of firm energy and 800 gigawatt-hours of interruptible energy per year, for a period of ten years.

The Board wishes to obtain the views of interested persons on this application before issuing a permit or permits or recommending to the Governor in Council that a public hearing be held. The Directions on Procedure that follow explain in detail the procedures that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its office located at Northern States Power Company, 414 Nicollet Mall, Minneapolis, Minnesota 55401, Attention: Thomas R. McDonough, Senior Attorney, Energy Markets, (612) 337-2258 (Telephone). The Applicant will provide a copy of the application to any person who requests a copy. A copy of the application is also available for viewing during normal business hours in the Board's Library, 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary of the Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), and the Applicant by July 21, 2003.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board is interested in the views of submitters with respect to:

(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

(b) the impact of the exportation on the environment; and

(c) whether the Applicant has:

(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

(ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of having been so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by August 5, 2003.

5. For further information on the procedures governing the Board's examination, contact Michel L. Mantha, Secretary, (403) 299-2714 (Telephone), (403) 292-5503 (Facsimile).

June 21, 2003

MICHEL L. MANTHA

Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY

Public Service Company of Colorado

Notice is hereby given that by an application dated June 16, 2003, Public Service Company of Colorado (a Colorado Corporation) [the "Applicant"] has applied to the National Energy Board (the "Board"), under Division II of Part VI of the National Energy Board Act (the "Act"), for authorization to export up to 800 gigawatt-hours of firm energy and 800 gigawatt-hours of interruptible energy per year, for a period of ten years.

The Board wishes to obtain the views of interested persons on this application before issuing a permit or permits or recommending to the Governor in Council that a public hearing be held. The Directions on Procedure that follow explain in detail the procedures that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its office located at Public Service Company of Colorado, 1099 18th Street, Denver, Colorado 80202, Attention: William Dudley, Assistant General Counsel, Energy Markets, (303) 308-2742 (Telephone). The Applicant will provide a copy of the application to any person who requests a copy. A copy of the application is also available for viewing during normal business hours in the Board's Library, 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary of the Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), and the Applicant by July 21, 2003.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board is interested in the views of submitters with respect to:

(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

(b) the impact of the exportation on the environment; and

(c) whether the Applicant has:

(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

(ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of having been so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by August 5, 2003.

5. For further information on the procedures governing the Board's examination, contact Michel L. Mantha, Secretary (403) 299-2714 (Telephone), (403) 292-5503 (Facsimile).

June 21, 2003

MICHEL L. MANTHA

Secretary

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