Vol. 137, No. 50 — December 13, 2003

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Educational and Training Services

On May 29, 2002, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2001-067R) with respect to a complaint filed by Georgian College of Applied Arts and Technology, of Barrie, 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 requirement by the Department of Human Resources Development (HRDC) for the administration and provision of employment assistance services for the Barrie, Ontario, area.

HRDC requested that the Tribunal make an order as to costs in its favour, and the Tribunal subsequently issued an addendum to its decision that denied the request. Further to the Tribunal's addendum, the Attorney General of Canada, on behalf of HRDC, applied for judicial review to the Federal Court of Appeal. The Court allowed the application and remanded the matter back to the Tribunal so that it could exercise its discretion anew on proper principle.

Having examined the circumstances of the case and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal denied HRDC's request for costs.

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, December 4, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, Administrative and Management Support Services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2003-066) from Market Research Associates Ltd. (MRA), of Halifax, Nova Scotia, concerning a procurement (Solicitation No. 3X001-020290/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Atlantic Canada Opportunities Agency. The solicitation is for the provision of consulting services. 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, notably, that PWGSC improperly evaluated the proposal submitted by MRA, contrary to the provisions 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, December 4, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Hot-rolled Carbon Steel Plate

In the matter of an interim review (Interim Review No. RD-2002-006), under subsection 76.01(1) of the Special Import Measures Act, of the order made by the Canadian International Trade Tribunal on May 17, 1999, in Review No. RR-98-004, continuing, without amendment, its finding made on May 17, 1994, in Inquiry No. NQ-93-004, concerning the dumping of certain hot-rolled carbon steel plate originating in or exported from Italy, the Republic of Korea, Spain and the Ukraine

The Canadian International Trade Tribunal, under the provisions of subsection 76.01(1) of the Special Import Measures Act, has conducted an interim review of its order made on May 17, 1999, in Review No. RR-98-004.

Pursuant to paragraph 76.01(5)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby makes no amendment to its order concerning the dumping of certain hot-rolled carbon steel plate, in widths from 24 inches (610 mm) to 152 inches (3 860 mm) inclusive and in thicknesses from 0.187 inch (4.75 mm) to 4 inches (101.6 mm) inclusive, originating in or exported from Italy, the Republic of Korea, Spain and the Ukraine.

Ottawa, November 28, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Hot-rolled Carbon Steel Plate

In the matter of an interim review (Interim Review No. RD-2002-007), under subsection 76.01(1) of the Special Import Measures Act, of the orders made by the Canadian International Trade Tribunal on January 10, 2003, in Review No. RR-2001-006, continuing, with amendment, its findings made on October 27, 1997, in Inquiry No. NQ-97-001, concerning the dumping of certain hot-rolled carbon steel plate originating in or exported from the People's Republic of China, the Republic of South Africa and the Russian Federation

The Canadian International Trade Tribunal, under the provisions of subsection 76.01(1) of the Special Import Measures Act, has conducted an interim review of its orders made on January 10, 2003, in Review No. RR-2001-006.

Pursuant to paragraph 76.01(5)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby makes no amendment to its orders concerning the dumping of certain hot-rolled carbon steel plate, in widths from 24 inches (+/-610 mm) to 152 inches (+/-3 860 mm) inclusive and in thicknesses from 0.187 inch (+/-4.75 mm) to 4 inches (+/-101.6 mm) inclusive, originating in or exported from the People's Republic of China, the Republic of South Africa and the Russian Federation.

Ottawa, November 28, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Hot-rolled Carbon Steel Plate

In the matter of an interim review (Interim Review No. RD-2002-008), under subsection 76.01(1) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on June 27, 2000, in Inquiry No. NQ-99-004, concerning the dumping of certain hot-rolled carbon steel plate originating in or exported from Brazil, Finland, India, Indonesia, Thailand and the Ukraine, and the subsidizing of certain hot-rolled carbon steel plate originating in or exported from India, Indonesia and Thailand

The Canadian International Trade Tribunal, under the provisions of subsection 76.01(1) of the Special Import Measures Act, has conducted an interim review of its finding made on June 27, 2000, in Inquiry No. NQ-99-004.

Pursuant to paragraph 76.01(5)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby makes no amendment to its finding concerning the dumping of certain hot-rolled carbon steel plate, in widths from 24 inches (+/-610 mm) to 152 inches (+/-3 860 mm) inclusive and in thicknesses from 0.187 inch (+/-4.75 mm) to 5.25 inches (+/-133 mm) inclusive, originating in or exported from Brazil, Finland, India, Indonesia, Thailand and the Ukraine, and the subsidizing of the aforementioned goods originating in or exported from India, Indonesia and Thailand.

Ottawa, November 28, 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.

2003-594 December 3, 2003

Multivan Broadcast Corporation, the general partner, and
various limited partners, doing business under the name of
Multivan Broadcast Limited Partnership
Vancouver and Victoria, British Columbia

Approved — New transmitter in Victoria, for the television programming undertaking CHNM-TV Vancouver.

2003-595 December 3, 2003

Radio 1540 Limited
Ottawa, Ontario, and Gatineau, Quebec

Approved — Increase of the effective radiated power from 800 watts to 6 770 watts and change of the authorized contours of the radio programming undertaking CJLL-FM Ottawa/Gatineau.

2003-596 December 5, 2003

Star Choice Television Network Incorporated
Across Canada

Approved in part — Request for a licence amendment that would delay imposition of requirements for the distribution of small market television stations.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-64

The Commission has received the following applications:

1. The Partners of Canal Indigo, general partnership Across Canada

To amend the licences of the pay-per-view and of the direct-to-home pay-per-view programming undertakings known as Canal Indigo.

2. Cogeco Cable Canada Inc. and Cogeco Cable Halton Inc. Fergus, Grimsby, Hamilton (4), Niagara Falls, St. Catharines and Georgetown, Ontario

To amend the licences of their cable distribution undertakings serving the above-mentioned locations.

3. Rogers Broadcasting Limited Toronto, Ontario

To renew the radio network licence expiring August 31, 2004.

4. Russel Cook (on behalf of a non-profit corporation to be incorporated) Opaskwayak Cree Nation (The Pas), Manitoba

For an extension of the time limit to implement the radio programming undertaking, near Opaskwayak Cree Nation, authorized in Decision CRTC 2000-132, dated April 28, 2000.

5. Chetwynd Communications Society Chetwynd, British Columbia

To renew the licence of television programming undertaking CHET-TV Chetwynd and its transmitter CHET-TV-1 Hasler Flats expiring August 31, 2004.

Deadline for intervention: January 9, 2004

December 5, 2003

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2003-65

Call for Comments — Proposed Amendment to the Broadcasting Distribution Regulations

Removal of the requirement for Class 2 cable broadcasting distribution undertakings to provide basic service to unserved households

1. Section 48 in Part 5 of the Broadcasting Distribution Regulations (the Regulations), currently includes a requirement that Class 1 and 2 cable broadcasting distribution undertakings (BDUs) provide basic service to unserved households that meet certain criteria and that they install any facilities necessary to provide this service. This is the only section in Part 5 that applies to Class 2 licensees. Section 48 currently reads as follows:

48. Except as otherwise provided under a condition of its licence, each Class 1 and Class 2 licensee shall

(a) install the distribution system necessary for the provision of its basic service at a household or premises within a reasonable time after a request for the service is received from a member of the household or an owner or operator of the premises, if the household or premises are

(i) situated in a residential area within the licensed area, and

(ii) provided with water or sewer services by a municipal or other public authority;

(b) at the request of a member of a household or an owner or operator of premises referred to in paragraph (a), install the subscriber drop and provide the basic service to that household or those premises, unless the member, owner or operator has not complied with the licensee's request for payment of

(i) an amount not greater than the amount of the non-recurring costs to be reasonably incurred by the licensee for the installation or reconnection of the subscriber drop, determined in accordance with Circular No. 354 to All Class 1 and 2 Cable Licensees, published by the Commission on November 29, 1988,

(ii) the licensee's fee for the provision of the basic service for one month to that household or those premises, or

(iii) an overdue debt for the provision of basic service that the member, owner or operator owes to the licensee; and

(c) provide the basic service to a subscriber as long as the subscriber pays in advance the fee for each month of the basic service.

2. Section 47 in Part 5 of the Regulations sets out a method by which a Class 1 licensee can apply to be relieved of all of the requirements of Part 5 of the Regulations, including the section 48 requirement that it provide service and install facilities as described above, and to be relieved, as well, of other requirements related to the rates charged by Class 1 cable BDUs. Class 2 BDUs, which generally serve fewer subscribers than Class 1 BDUs, are unable to apply to be relieved of the requirements of Part 5 of the Regulations.

3. In Exemption of cable broadcasting distribution undertakings that serve between 2 000 and 6 000 subscribers, Broadcasting Public Notice CRTC 2003-23, April 30, 2003 (Public Notice 2003-23), the Commission announced its intention to amend section 48 of Part 5 of the Regulations to remove the requirement for Class 2 BDUs to provide basic service and to install the necessary facilities.

4. A copy of the proposed Regulations Amending the Broadcasting Distribution Regulations is appended to this public notice.

Call for comments on the proposed amendment

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 5, 2004.

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.

December 5, 2003

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENT

1. The portion of section 48 of the Broadcasting Distribution Regulations (see footnote 1)  before paragraph (a) is replaced by the following:

48. Except as otherwise provided under a condition of its licence, each Class 1 licensee shall

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

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NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Hard Red Spring Wheat 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 November 24, 2003, a Request for Panel Review of the Final Determination of material injury to a domestic industry made by the United States International Trade Commission, concerning Hard Red Spring Wheat from Canada, was filed by counsel to the Canadian Wheat Board 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 October 23, 2003 [68 Fed. Reg. 60707].

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 December 24, 2003);

(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 January 8, 2004);

(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-2003-1904-06, should be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, 14th Street and Constitution Avenue N.W., Suite 2061, Washington, DC 20230, United States.

Explanatory Note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping 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 review final determinations expeditiously to determine whether they are in accordance with the antidumping 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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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

New York Power Authority

Notice is hereby given that, by an application dated December 3, 2003, the New York Power Authority ("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 500 megawatts of firm power and 2 000 gigawatt-hours per year of combined firm and interruptible energy for a period of ten years commencing on the date the permit is issued by the Board and in accordance with the applicable rules and regulations of the Independent Electricity Market Operator (IMO) of Ontario.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The Directions on Procedure that follow explain in detail the procedure 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 offices located at 123 Main Street, White Plains, New York, 10601, U.S.A., (914) 681-6852, and 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 served on the Applicant by January 12, 2004.

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 favorable as the terms and conditions specified in the application to those who, within a reasonable time of being 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 January 27, 2004.

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).

MICHEL L. MANTHA
Secretary

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Footnote 1 

SOR/97-555

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).