Vol. 139, No. 21 — May 21, 2005
CUSTOMS TARIFF
Woollen fabrics
Pursuant to Supplementary Note 1 (see footnote a) to Section XI of the Customs Tariff — Schedule and P.C. 1997-2003 — Regulations Respecting the Customs Duty Payable on Woollen Fabrics Originating in Commonwealth Countries, notice is hereby given that the total duty leviable on woven fabrics provided in tariff item Nos. 5111.11.90, 5111.20.18, 5111.20.91, 5111.30.18, 5111.30.91, 5111.90.28, 5111.90.91, 5112.11.90, 5112.19.91, 5112.20.91, 5112.30.91, 5112.90.91 and 5803.90.19, and imported into Canada during the period commencing on July 1, 2005, and ending on June 30, 2006, shall not be in excess of
(a) $2.82 per kilogram for imports from eligible Commonwealth countries; and
(b) $5.17 per kilogram under the Most-Favoured-Nation Tariff.
Ottawa, May 9, 2005
ALAIN JOLICŒUR
President
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DETERMINATION
EDP hardware and software
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File Nos. PR-2004-058 and PR-2004-059) on May 13, 2005, with respect to complaints filed by Trust Business Systems, 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 procurements (Solicitation Nos. F7047-040176/A [PR-2004-058] and T8211-040003/A [PR-2004-059]) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans. The solicitation was for the provision of workstations.
It was alleged that PWGSC incorrectly limited the procurements to brand-named products by not allowing for equivalent products.
Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the Tribunal determined that the complaints were 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, May 13, 2005
HÉLÈNE NADEAU
Secretary
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RECEIPT OF REFERRAL ORDER ON INJURY AND REMEDY PROCEEDINGS
Bicycles and finished painted bicycle frames
On February 10, 2005, following a complaint filed by the Canadian Bicycle Manufacturers Association (CBMA), the Canadian International Trade Tribunal (the Tribunal) commenced a global safeguard inquiry (Safeguard Inquiry Nos. GS-2004-001 and GS-2004-002) into the importation into Canada, from all sources, of bicycles, assembled or unassembled, with a wheel diameter greater than 38.1 centimetres or 15 inches, and finished painted bicycle frames, assembled or unassembled (Safeguard Inquiry No. GS-2004-001).
On March 24, 2005, following a second complaint filed by the CBMA, the Tribunal commenced a global safeguard inquiry into the importation into Canada, from all sources, of finished painted bicycle frames, assembled or unassembled (Safeguard Inquiry No. GS-2004-002).
Also on March 24, 2005, the Tribunal gave notice, pursuant to rule 6.1 of the Canadian International Trade Tribunal Rules (Rules), that it was combining the proceedings of Safeguard Inquiry No. GS-2004-002 with those of Safeguard Inquiry No. GS-2004-001. The purpose of Safeguard Inquiry Nos. GS-2004-001 and GS-2004-002 is to determine if bicycles and finished painted bicycle frames are being imported into Canada, from all sources, in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
On May 10, 2005, pursuant to subsection 27(3) of the Canadian International Trade Tribunal Act (CITT Act), the Governor General in Council, on the recommendation of the Minister of Finance and the Minister for International Trade, referred to the Tribunal the matters set out in the Referral Order attached as an appendix.
With respect to the matter set out in paragraph (a) of the Referral Order, the Tribunal requests that the parties address it in their written submissions on injury. The implications of the referral of the matter set out in paragraph (b) of the Referral Order are addressed below.
CONCURRENT INJURY AND REMEDY PROCEEDINGS
The Tribunal has decided to conduct its inquiry into remedy in a manner that is concurrent with its inquiry into injury. The injury and remedy questions in this global safeguard inquiry are likely to require similar background information and many of the same witnesses. A concurrent approach is less burdensome on the parties and allows for a more timely recommendation on remedy. Therefore, the Tribunal is of the opinion that concurrent proceedings within a single hearing are more appropriate than a two-stage, two-hearing process. A revised schedule of events is attached to reflect the concurrent proceedings for injury and remedy.
By definition, there will be no consideration of remedy by the Tribunal unless there is a determination of injury or threat of injury. This means that, under the concurrent proceedings, information and evidence on remedy will be gathered on a contingent basis. The Tribunal wishes to emphasize that, although contingent, the submissions on remedy should be complete and comprehensive, since the schedule does not provide for a later opportunity to make submissions on remedy in the event of a determination of injury or threat of injury by the Tribunal.
The Tribunal is planning to issue a report on the global safeguard inquiry on September 1, 2005.
The Tribunal's proceedings will be in accordance with the Rules.
PARTICIPATION
Notices of participation, notices of representation, declarations and undertakings already filed by parties and counsel for the global safeguard inquiry into injury will also be applicable to the inquiry into remedy.
Each person or government who is not already a party to the global safeguard inquiry, but who would like to become a party to the inquiry into remedy, is required to file a notice of participation with the Secretary on or before May 19, 2005. Each counsel who is not yet participating in the global safeguard inquiry, but intends to represent a party to the inquiry into remedy, must file a notice of representation and, in order to have access to confidential information, a declaration and undertaking with the Secretary on or before May 19, 2005. Forms for filing notices of participation, notices of representation, declarations and undertakings can be found on the Tribunal's Web site at www.citt-tcce.gc.ca/forms/index_e.asp.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each party filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file their notices, whether they and their witnesses will be using English or French or both languages at the hearing relating to both the injury and remedy questions. Requirements for interpretation in any other language should also be communicated to the Secretary at that time.
CASE BRIEFS — INJURY AND REMEDY
Filing Procedures
Parties shall file their submissions on remedyconcurrently with those on injury, as set out in the following paragraphs. Information relating to injury and remedyshall be presented in distinct and clearly separated sections of the same case brief. Parties are reminded that separate case briefs should be filed for bicycles and finished painted bicycle frames.
In view of the concurrent proceedings, and as indicated in the attached revised schedule of events, deadlines for filing case briefs and reply case briefs on injury have been extended. The new deadlines for filing case briefs onboth injury and remedy are as follows: for parties supporting a determination of injury, May 24, 2005;and for parties opposing a determination of injury, June 2, 2005.
The new date for filing reply case briefs onboth injury and remedy for parties supporting a determination of injury is June 9, 2005. Reply submissions must be limited to issues raised in other parties' submissions. The Tribunal may decide not to accept the filing of reply case briefs that include argument or evidence that does not conform to this instruction.
All submissions to the Tribunal must be filed in paperformat (45 copies of the public version and 35 copies of the confidential version) and accompanied by a diskette containing the identical electronic versions of the said submissions.
The section of the case briefs dealing with remedy shall include the following three parts, each with a table of contents: (A) Written Submissions; (B) Witness Statements; and (C) Supporting Evidence. Written submissions shall be printed or typewritten on white paper measuring 21.5 cm by 28 cm (8 1/2 in. by 11 in.), in a type not smaller than 11 points, with top and bottom margins of not less than 2.5 cm (1 in.) and left and right margins of not less than 3.5 cm (1.5 in.), and with no more than 30 lines per page, exclusive of headings.
(A) Written Submissions
Written submissions shall include the information requested in the "Remedy Submission Guidelines" section below.
(B) Witness Statements
Parties that intend to present witnesses shall file, for each witness, a witness statement that conveys the essential elements of the witness's testimony.
(C) Supporting Evidence
Evidence supporting a party's written submissions and/or witness statements relating to remedy may include, for example, information such as statistical data, market analyses, and publications and reports relating to bicycles and/or finished painted bicycle frames. In their written submissions, parties shall clearly identify the relevant excerpts of the documents that are included as part of their supporting evidence.
CONFIDENTIALITY
Under section 46 of the CITT 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 that 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 or edited version of the information designated as confidential or a statement indicating why such a non-confidential summary or non-confidential edited version cannot be made. Every page of a confidential document must be marked as confidential. All confidential information must be clearly segregated from public information.
REMEDY SUBMISSION GUIDELINES
The Referral Order dated May 10, 2005, refers to the Tribunal the matter of recommending to the Government the most appropriate remedies to address injury or threat of injury in the event of an affirmative determination. There are no restrictions on the types of measures that may be considered. According to the Referral Order, the measures recommended by the Tribunal are to cover a period of three years, in accordance with Canada's rights and obligations under international trade agreements.
The types of measures generally considered to remedy any injury or threat of injury found in a global safeguard inquiry include surtaxes, quotas and tariff-rate quotas (a combination of surtaxes and quotas). The possible levels of surtaxes or quotas that may potentially address the injury or threat of injury may fall within a relatively wide range. Selecting the most appropriate level is a difficult task that involves numerous considerations, including balancing opposing economic interests. Parties should endeavour to propose a remedy that is practical, reasonable and equitable, having regard to all relevant factors and considerations.
Without restricting the generality of the foregoing, in their submissions on remedy, parties are asked to provide at least one approach and associated methodology for addressing any injury or threat of injury that the Tribunal may determine with respect to bicycles and/or finished painted bicycle frames. Parties should explicitly state any assumptions on which the proposed approach and methodology are based and provide all relevant analyses that explain the logic and rationale for the approach and methodology proposed. For example, if the approach and methodology are designed to restore market prices or import volumes to some prior period, the premise should be clearly stated, as well as the logic underlying them.
If the proposal involves a surtax, the methodology should reflect the Canadian practice of applying such surtaxes on the export value at the foreign port of shipment to Canada. For this reason, a breakdown of the cost of importing (e.g. estimated freight costs, brokerage fees, insurance, general selling and administration costs, custom duties and anti-dumping duties, if applicable) is required. The information provided should clearly show how such a surtax would affect the cost of the goods landed in Canada and the prices and volumes of sales of the imported goods and of the domestically produced bicycles and/or finished painted bicycle frames.
If the proposal involves a quota, the methodology should explain how quota levels are to be determined and allocated. The proposal might address, among other things, whether quotas should be fixed on the basis of average import volumes over some recent representative period or whether they should be allocated on some other basis. If the proposed quota levels involve forecasts about future growth in demand, the basis for these forecasts should be clearly documented. Proposals might also address issues of quota administration, for example, whether allocations should be done on a "first-come, first-served" basis and whether quotas should be allocated annually, quarterly or over some other period.
In addition to the foregoing considerations with respect to surtaxes and quotas, proposals dealing with tariff-rate quotas must clearly establish where and how to draw the line between in-quota and above-quota import volumes.
Given the wide range of possible remedies and the difficulty in establishing with precision how a particular remedy may effect prices, volumes and ultimately the industry's performance, the Tribunal would like parties to illustrate how, at a number of possible different levels of application, their proposed measures would work. For example, in the case of a surtax, parties should show how prices and volumes may vary according to the rate proposed; or, if quotas are proposed, parties should show how prices, volumes and industry performance would change at different quota levels. In closing arguments, the Tribunal may ask counsel to narrow the range of options or, indeed, provide the specific type and level of remedy that, in their view, would be most appropriate to address injury or threat of injury, should the Tribunal make an affirmative determination.
Parties are also asked to provide submissions on
In all cases, parties are expected to provide all relevant assumptions, calculations and supporting documentation.
HEARING FOR BOTH INJURY AND REMEDY
The date of the Tribunal's public hearing has been changed from June 13 to June 20, 2005, at 9:30 a.m. The Tribunal will hold one public hearing relating to both injury and remedy in the Tribunal's hearing room No. 1, Standard Life Centre, 18th floor, 333 Laurier Avenue W, Ottawa, Ontario.
In advance of the hearing, the Tribunal will provide detailed information to parties on the procedures that it will apply.
FURTHER INFORMATION
This notice has been sent to interested governments and departments, and to producers, importers, exporters and certain purchasers of bicycles and finished painted bicycle frames with a known interest in Safeguard Inquiry Nos. GS-2004-001 and GS-2004-002. The notice will also be published in the May 21, 2005, edition of the Canada Gazette, Part I.
Mr. Selik Shainfarber, the research director for the inquiry into remedy, can be reached at (613) 991-6220. Ms. Manon Carpentier, the lead research officer for the inquiry into remedy, can be reached at (613) 993-7872.
Information on participation in these proceedings is available from the office of the Secretary. Written submissions, correspondence or requests for information regarding this notice 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), secretary@citt-tcce.gc.ca (electronic mail).
Written or oral communications to the Tribunal may be made in English or in French.
Ottawa, May 13, 2005
HÉLÈNE NADEAU
Secretary
APPENDIX
REFERRAL ORDER
P.C. 2005-804
May 10, 2005
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance and the Minister for International Trade, pursuant to subsection 27(3) of the Canadian International Trade Tribunal Act (the Act), hereby refers to the Canadian International Trade Tribunal the following matters in relation to the complaints into which inquiries were commenced by the Tribunal under subsection 26(1) of the Act on February 10, 2005 and March 24, 2005 respectively, and which concern the importation of bicycles, assembled or unassembled, with a wheel diameter greater than 38.1 cm or 15 inches, and the importation of finished painted bicycle frames, assembled or unassembled:
(a) in respect of each complaint, the matter of whether the determination referred to in subparagraph (i) remains the same if the goods in respect of which a determination referred to in subparagraph (ii) is made are excluded, in the event that the Tribunal:
(i) determines, under paragraph 27(1)(a) of the Act, that the goods that are the subject of the complaint are being imported into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, and
(ii) determines, under section 20.01, 20.02 or 20.03 of the Act, that the quantity of the specified goods imported from a NAFTA country, Israel or another CIFTA beneficiary or Chile, as the case may be, does not account for a substantial share of total imports of goods of the same kind or that those goods do not contribute importantly to the serious injury or threat thereof; and
(b) the matter of recommending the most appropriate remedies to address such injury or threat of injury over a period of three years, in accordance with Canada's rights and obligations under international trade agreements.
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NOTICE TO INTERESTED PARTIES
The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:
— Central Building, Les Terrasses de la Chaudière, Room G-5, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, (819) 997-2429 (telephone), 994-0423 (TDD), (819) 994-0218 (facsimile);
— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, (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, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, (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
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
2005-190 May 10, 2005
Vidéotron ltée
Québec, Quebec
Vidéotron (Regional) Ltd.
Saint-Joachim and Sainte-Pétronille (Île-d'Orléans),
Quebec
Approved — Relief from the requirement not to distribute the signals of CFTU-TV Montréal (Canal Savoir) and of the "Assemblée nationale du Québec" on restricted channels.
2005-191 May 10, 2005
Vidéotron ltée
Sherbrooke, Quebec
Vidéotron (Regional) Ltd.
Ascot Corner, Coaticook, Cowansville, East Angus, Granby, Sherbrooke (Lennoxville
area) and Waterloo, Quebec
Approved — Relief from the requirement not to distribute the signals of CFTU-TV Montréal (Canal Savoir) on a restricted channel.
2005-192 May 10, 2005
Newcap Inc.
Thunder Bay, Ontario
Approved — Acquisition of the assets of radio programming undertaking CJUK-FM Thunder Bay from Big Pond Communications 2000 Inc. and for a licence to continue the operation of CJUK-FM.
2005-193 May 10, 2005
Rogers Broadcasting Limited
Halifax, Nova Scotia
Approved — Technical change for the radio programming undertaking authorized in News/Talk commercial FM radio station in Halifax, as noted in the decision.
2005-194 May 10, 2005
Rush Communications Limited
Milford Station, Nova Scotia
The Commission revokes the broadcasting licence issued to Rush Communications Limited for the undertaking serving Milford Station.
2005-195 May 12, 2005
Star Choice Television Network Incorporated and Canadian Satellite Communications
Inc.
Across Canada
Denied — Authorization to distribute omnibus channels on Star Choice's direct-to-home (DTH) satellite broadcasting distribution undertaking and on Cancom's satellite relay distribution undertaking.
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PUBLIC NOTICE 2005-45
Distribution and linkage requirements for Class 1 and Class 2 licensees
The Commission, by the notice, replaces the requirements set out in Distribution and linkage requirements for Class 1 and Class 2 licensees, Broadcasting Public Notice CRTC 2004-56, July 29, 2004. The revisions to the distribution and linkage requirements, as set out herein, reflect the Commission's determinations set out in Improving the diversity of third-language television services — A revised approach to assessing requests to add non-Canadian third-language television services to the lists of eligible satellite services for distribution on a digital basis, Broadcasting Public Notice CRTC 2004-96, December 16, 2004.
The Commission may make further revisions to the distribution and linkage rules after rendering its determination with respect to the proceedings announced in Call for comments on applying new distribution and linkage rules to non-Canadian third-language services already on the lists of eligible satellite services, Broadcasting Public Notice CRTC 2005-16, February 25, 2005.
May 11, 2005
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PUBLIC NOTICE 2005-46
Linkage requirements for direct-to-home (DTH) satellite distribution undertakings
In the notice, the Commission sets out revised linkage requirements for direct-to-home (DTH) satellite distribution undertakings. These requirements replace those contained in Linkage requirements for direct-to-home (DTH) satellite distribution undertakings, Public Notice CRTC 2001-89, August 3, 2001. The revisions to the distribution and linkage requirements, as set out herein, reflect the Commission's determinations, set out in Improving the diversity of third-language television services — A revised approach to assessing requests to add non-Canadian third-language television services to the lists of eligible satellite services for distribution on a digital basis, Broadcasting Public Notice CRTC 2004-96, December 16, 2004.
The Commission may make further revisions to the distribution and linkage rules after rendering its determination with respect to the proceedings announced in Call for comments on applying new distribution and linkage rules to non-Canadian third-language services already on the lists of eligible satellite services, Broadcasting Public Notice CRTC 2005-16, February 25, 2005.
May 11, 2005
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PUBLIC NOTICE2005-47
The Commission has received the following applications. The deadline for submission of interventions and/or comments is June 17, 2005.
1. The Score Television Network Ltd.
Across Canada
To amend the licence of the national specialty programming undertaking known as The Score.
2. La Coopérative des montagnes limitée — Radio communautaire
Edmundston, New Brunswick
To renew the licence of the Type B community radio programming undertaking CFAI-FM Edmundston, expiring August 31, 2005.
3. CHOY-FM limitée
Moncton, New Brunswick
To renew the licence of commercial radio programming undertaking CHOY-FM Moncton, expiring August 31, 2005.
4. 3077457 Nova Scotia Limited
Moncton, New Brunswick
For the use of frequency 101.9MHz (channel 270LP) with an effective radiated power of 50 watts (non-directional antenna/antenna height of 37 metres) for the operation of the low-power English-language FM radio broadcasting undertaking approved in Low-power tourist information service in Moncton, Broadcasting Decision CRTC 2004-519 (Decision 2004-519), November 26, 2004.
5. Rogers Cable Communications Inc.
Ottawa, London, St. Thomas (including Strathroy), Tillsonburg and Woodstock,
Ontario
To amend the licences of its cable distribution undertakings serving the above-mentioned locations.
6. Brian Cooper and Daniel McCarthy, on behalf of a corporation to be
incorporated (OBCI)
Port Elgin, Ontario
For the use of frequency 90.9 MHz (channel 215A) with an effective radiated power of 1 600 watts (non-directional antenna/antenna height of 57 metres) for the operation of an FM transmitter in Port Elgin approved in Adult Classic Hit FM radio station in Kincardine, with transmitters in Goderich and Port Elgin, Broadcasting Decision CRTC 2005-68, dated February 17, 2005.
7. Société canadienne-française de Prince Albert
inc.
Prince Albert, Saskatchewan
To renew the licence of the radiocommunication distribution undertaking serving Prince Albert (CKSF-FM), expiring August 31, 2005.
May 13, 2005
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PUBLIC NOTICE 2005-48
Call for applications for a broadcasting licence to carry on a radio programming undertaking to serve Calgary, Alberta
The Commission announces that it has received an application for a broadcasting licence to provide a commercial radio service to serve Calgary.
The Commission hereby calls for applications from other parties wishing to obtain a 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 July 27, 2005. 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 any 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.
For the convenience of interested parties, the financial summary for the Calgary radio market is attached to the hard copy version of this call.
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 CRTC.
May 13, 2005
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PUBLIC NOTICE 2005-49
Call for applications for broadcasting licences to carry on radio programming undertakings to serve Moose Jaw, Saskatchewan
The Commission announces that it has received an application for a broadcasting licence to provide a commercial radio service to Moose Jaw.
The Commission hereby calls for applications from other parties wishing to obtain a 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 July 27, 2005. 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 any 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 for 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 notes that, in accordance with the Guidelines respecting the confidential treatment of annual returns (Circular 429), an aggregate financial summary for the Moose Jaw radio market cannot be made available due to the limited number of incumbents serving that market.
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 interventions to the CRTC.
Notice of each application will also be published in newspapers of general circulation within the area to be served.
May 13, 2005
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PUBLIC NOTICE 2005-50
The Commission has received the following applications. The deadline for submission of interventions and/or comments is June 17, 2005.
1. Rogers Broadcasting Limited
Moncton, New Brunswick
Proposes to change the authorized contours by increasing the average effective radiated power from 40 300 watts to an effective radiated power of 70 000 watts, by decreasing the antenna height and by relocating the transmitter (non-directional antenna/antenna height of 211 metres), relating to the licence of radio programming undertaking authorized in News/Talk commercial FM radio station in Moncton, Broadcasting Decision CRTC 2004-517, November 26, 2004.
2. Canadian Broadcasting Corporation
Magog, Quebec
To amend the licence of radio programming undertaking CBF-FM-10 Sherbrooke, Quebec.
May 13, 2005
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PUBLIC NOTICE 2005-51
Revised lists of eligible satellite services
The Commission approves the addition of the non-Canadian service RAI International 2 to its lists of eligible satellite services for distribution on a digital basis.
The four lists appended to this public notice supersede the lists appended to Revised lists of eligible satellite services, Broadcasting Public Notice CRTC 2004-88, November 18, 2004.
May 13, 2005
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HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Filing of a claim for exemption
Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer of the Hazardous Materials Information Review Commission hereby gives notice of the receipt of the claims for exemption listed below.
| Claimant | Subject of the Claim for Exemption |
Product Identifier (As shown on the MSDS) |
Registry Number |
|---|---|---|---|
| Texaco Products Inc., Grimsby, Ontario |
Chemical identity Chemical name of a controlled product Information that could be used to identify a supplier of a controlled product of two ingredients | OLOA 19075 | 6028 |
| Schlumberger Canada Limited, Calgary, Alberta | Chemical identity of two ingredients | Sludge and Emulsion Preventer W60 |
6106 |
| Schlumberger Canada Limited, Calgary, Alberta | Chemical identity of one ingredient | Oil Gelling Agent J452 | 6136 |
| Schlumberger Canada Limited, Calgary, Alberta | Chemical identity of one ingredient | AccuSET D197 | 6137 |
| Schlumberger Canada Limited, Calgary, Alberta | Chemical identity of three ingredients | Hi Cr Corrosion Inhibitor A282 |
6142 |
| BJ Services Company Canada, Calgary, Alberta | Chemical identity and concentration of two ingredients | E-31 | 6153 |
| Schlumberger Canada Limited, Calgary, Alberta | Chemical identity of one ingredient | Surfactant B220 | 6170 |
The above claims seek exemption from the disclosure of employer confidential information in respect of a controlled product which would otherwise be required to be disclosed by the provisions of the applicable provincial legislation relating to occupational health and safety.
| Claimant | Subject of the Claim for Exemption |
Product Identifier (As shown on the MSDS) |
Registry Number |
|---|---|---|---|
| Nalco Canada Co., Burlington, Ontario |
Chemical identity of four ingredients | EC3330A | 6097 |
| Nalco Canada Co., Burlington, Ontario |
Chemical identity of one ingredient | NALCO® EC1021W | 6098 |
| Nalco Canada Co., Burlington, Ontario |
Chemical identity of one ingredient | NX0043 | 6099 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of one ingredient | TecGARD 557 | 6100 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of three ingredients | TecGARD 600 | 6101 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of three ingredients | TecGARD 770 | 6102 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of one ingredient | HiTEC 6562 Fuel Additive |
6103 |
| BYK-Chemie USA, Wallingford, Connecticut |
Chemical identity of one ingredient | Ceraflour 994 | 6104 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | PARALOID (TM) BTA-730N Impact Modifier |
6105 |
| 3M Canada Company, London, Ontario |
Chemical identity of one ingredient | SCOTCH-WELD (TM) EC-1945 METAL PRIMER (PART A) |
6107 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of one ingredient | TecGARD® 210 | 6108 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of one ingredient | TecGARD® 329 | 6109 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of two ingredients | TecGARD® 554 | 6110 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of five ingredients | TecGARD® 701 | 6111 |
| DuPont Electronic Technologies- MCM, Research Triangle Park, North Carolina | Chemical identity of one ingredient | APP21 | 6112 |
| Bio-Lab Canada Inc., Scarborough, Ontario | Chemical identity of one ingredient | Belclene® 499 | 6114 |
| 3M Canada Company, London, Ontario |
Chemical identity of two ingredients | SCOTCH-WELD (TM) EPOXY ADHESIVE DP-420 BLACK (PART A) |
6115 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of four ingredients | TecGARD 740 | 6116 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of seven ingredients | TecGARD 730 | 6117 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of four ingredients | TecGARD 710 | 6118 |
| Degussa Canada Inc., Brampton, Ontario |
Chemical identity and concentration of three ingredients | UNIPEARL®SILVER | 6119 |
| Degussa Canada Inc., Brampton, Ontario |
Chemical identity and concentration of three ingredients | UNIPEARL®GOLD | 6120 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ADCOTE(TM) 37R345 |
6121 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity and concentration of one ingredient | ARBREAK 8283 DEMULSIFIER | 6122 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of one ingredient | TecGARD 200 | 6123 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of one ingredient | TecGARD 339 | 6124 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of two ingredients | TecGARD 500 | 6125 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of five ingredients | TecGARD 700 | 6126 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of five ingredients | TecGARD 720 | 6127 |
| Afton Chemical Corporation, Richmond, Virginia | Chemical identity of four ingredients | TecGARD 750 | 6128 |
| Nalco Canada Co., Burlington, Ontario |
Chemical identity of three ingredients | TECH COOL (TM) 5907LF |
6129 |
| Cognis Canada Corporation, Mississauga, Ontario | Chemical identity and concentration of one ingredient | DEHYPOUND® ST-15 |
6130 |
| BYK-Chemie USA, Wallingford, Connecticut |
Chemical identity and concentration of two ingredients | BYK®-W 968 | 6131 |
| BYK-Chemie USA, Wallingford, Connecticut |
Chemical identity and concentration of two ingredients | BYK®-3155 | 6132 |
| Cognis Canada Corporation, Mississauga, Ontario | Chemical identity and concentration of two ingredients | STABIFLEX WP | 6133 |
| Octel Starreon LLC, Littleton, Colorado |
Chemical identity of two ingredients | Octel Starreon DCI-6A 80/20 |
6134 |
| Octel Starreon LLC, Littleton, Colorado |
Chemical identity of one ingredient | Octel Starreon OLI-9056 |
6135 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of one ingredient | Cascophen OS-33D | 6138 |
| Charles Tennant & Company (Canada) Limited, Weston, Ontario |
Chemical identity and concentration of two ingredients | FLEX 20 | 6139 |
| Charles Tennant & Company (Canada) Limited, Weston, Ontario |
Chemical identity and concentration of two ingredients | FLEX 41 | 6140 |
| Charles Tennant & Company (Canada) Limited, Weston, Ontario |
Chemical identity and concentration of two ingredients | FLEX 31 | 6141 |
| Resolution Performance Products, Houston, Texas |
Chemical identity and concentration of three ingredients | EPIKURE(TM) 3164 Curing Agent |
6143 |
| Diversity Technologies Corp., Edmonton, Alberta | Chemical identity and concentration of two ingredients | CAN-OIL FLC | 6144 |
| 3M Canada Company, London, Ontario |
Chemical identity of one ingredient | 3M (TM) PRIMER 94 | 6145 |
| Cytec Industries Inc., West Paterson, New Jersey |
Chemical identity of five ingredients | CYLINK® 2000 Crosslinking Agent |
6146 |
| LanXess Inc., Sarnia, Ontario |
Chemical identity of one ingredient | BAYSIZE TS-F SIZING AGENT |
6147 |
| Nalco Canada Co., Burlington, Ontario |
Chemical identity of one ingredient | NALCO 9729 | 6148 |
| Ecolab Inc., St. Paul, Minnesota |
Chemical identity and concentration of one ingredient | GEMSTAR STRATUS (910495-02) |
6149 |
| Ecolab Inc., St. Paul, Minnesota |
Chemical identity and concentration of one ingredient | PHAZER MARKETSTAR |
6150 |
| Ecolab Inc., St. Paul, Minnesota |
Chemical identity and concentration of one ingredient | BRIGHT NEUTRAL FLOOR CLEARNER (910683-01) | 6151 |
| Ecolab Inc., St. Paul, Minnesota |
Chemical identity and concentration of one ingredient | BRIGHT SPEED FLOOR CLEANER (910862-01) |
6152 |
| E.I. du Pont Canada Company, Mississauga, Ontario | Chemical identity of three ingredients | NRD-623 | 6154 |
| JFB Hart Coatings, Inc., Oak Brook, Illinois |
Chemical identity of two ingredients | GlossTek - 100 PART B | 6155 |
| JFB Hart Coatings, Inc., Oak Brook, Illinois |
Chemical identity of two ingredients | GlossTek - 400 PART B | 6156 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of one ingredient | StructurFast (TM) OSC-51KZ |
6157 |
| The Lubrizol Corporation, Wickliffe, Ohio | Chemical identity of one ingredient | CP1515.100 | 6158 |
| The Lubrizol Corporation, Wickliffe, Ohio | Chemical identity of one ingredient | CP1515.150 | 6159 |
| Air Products & Chemicals Inc. - Chemicals Group, Allentown, Pennsylvania |
Chemical identity of one ingredient | ANQUAMINE(R) 287 Curing Agent |
6160 |
| Cansolv Technologies Inc., Montréal, Quebec | Chemical identity and concentration of three ingredients | CANSOLVE ABSORBENT DS |
6161 |
| Dow Corning Canada Inc., Mississauga, Ontario | Chemical identity of one ingredient | DOW CORNING (R) Q2-3183A ANTIFOAM |
6162 |
| MeadWestvaco Corp. Specialty Chemicals Div., North Charleston, South Carolina |
Chemical identity of two ingredients | QPR-SQ | 6163 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of one ingredient | Fentak (TM) FC0439 | 6164 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of one ingredient | Fentak (TM) AC0904 | 6165 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of two ingredients | Fentak (TM) CT0012 | 6166 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of two ingredients | Fentak (TM) MR0583 | 6167 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of one ingredient | StructurFast (TM) OSC-200KZ |
6168 |
| Dow Corning Canada Inc., Mississauga, Ontario | Chemical identity of one ingredient | Dow Corning (R) 65 Additive | 6169 |
| Univar Canada Ltd., Richmond, British Columbia |
Chemical identity of one ingredient | Octel Starreon DMA-581 |
6171 |
| Hercules Canada Inc., Mississauga, Ontario | Chemical identity of one ingredient | REZOSOL® 4609 | 6172 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity of four ingredients | FLO XL® 7r Pipeline booster |
6173 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity of five ingredients | RE5920CRW CORROSION INHIBITOR |
6174 |
| Hercules Canada Inc., Mississauga, Ontario | Chemical identity of one ingredient | REZOSOL®4609VF RELEASE AGENT | 6175 |
| Borden Chemical - Canada, Division of the Borden Company, Limited, Oshawa, Ontario |
Chemical identity of two ingredients | Fentak (TM) MR0282 | 6176 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity and concentration of two ingredients | TOLAD®9547 ADDITIVE |
6177 |
| Stepan Canada Inc., Longford Mills, Ontario |
Chemical identity of one ingredient | ZELEC NE PD071 | 6178 |
| Cognis Canada Corporation, Mississauga, Ontario | Chemical identity and concentration of three ingredients | Versamine® M-1 | 6179 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity of three ingredients | FLO XL® e PIPELINE BOOSTER |
6180 |
| Cytec Industries Inc., West Paterson, New Jersey |
Chemical identity of one ingredient | REAGENT S-9201 Promoter |
6181 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity and concentration of two ingredients | AuRACOR (TM) Encapsulated Corrosion Inhibitor |
6182 |
| Chemtrade Logistics Inc., North York, Ontario |
Chemical identity and concentration of four ingredients | Sodium Hydrosulfite Solution | 6183 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of two ingredients | PARALOID(TM) KM-352 Powder |
6184 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ACRYJET(TM) STYLEBRITE LV BLACK |
6185 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ACRYJET(TM) STYLEBRITE LV CYAN |
6186 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ACRYJET(TM) STYLEBRITE LV MAGENTA | 6187 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ACRYJET(TM) STYLEBRITE LV YELLOW | 6188 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ACRYJET(TM) STYLEBRITE LV LT CYAN | 6189 |
| Rohm and Haas Canada Inc., West Hill, Ontario | Chemical identity of one ingredient | ACRYJET(TM) STYLEBRITE LV LT MAGENTA | 6190 |
| Baker Petrolite Corp., Sugar Land, Texas |
Chemical identity of two ingredients | BPC 67335 COMPLETE TREATMENT |
6191 |
The above claims seek exemption from the disclosure of supplier confidential business information in respect of a controlled product; such disclosure would otherwise be required under the provisions of the Hazardous Products Act.
Subsection 12(2) of the Hazardous Materials Information Review Act requires that this notice contain a statement offering every affected party the opportunity to make written representations to the screening officer with respect to the claim for exemption and the material safety data sheet to which it relates.
Under the provisions of the Hazardous Materials Information Review Regulations, "affected party," for purposes of the Hazardous Materials Information Review Act, means, in respect of a controlled product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and who uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes
(a) a supplier of the controlled product;
(b) an employee at the work place;
(c) an employer at the work place;
(d) a safety and health professional for the work place;
(e) a safety and health representative or a member of a safety and health committee for the work place; and
(f) a person who is authorized in writing to represent
(i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or
(ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.
Written representations respecting a claim for exemption cited in the present notice, or the material safety data sheet to which the claim relates, must cite the appropriate Registry Number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the Screening Officer at the following address: Hazardous Materials Information Review Commission, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3.
R. BOARDMAN
Chief Screening Officer
[21-1-o]
APPLICATION TO EXPORT ELECTRICITY
Saracen Merchant Energy LP
By an application dated May 10, 2005, Saracen Merchant Energy LP (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 electricity that it purchases in wholesale markets in Canada. The Applicant proposes to export a maximum of 600 megawatts of power and 2 700 000 megawatt-hours of energy annually, on both a firm and an interruptible basis, for a period of 10 years.
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 the office of Ms. Helen Newland, Partner, Fraser Milner Casgrain LLP, located at 1 First Canadian Place, Suite 3900, 100 King Street W, Toronto, Ontario M5X 1B2. Ms. Newland's telephone number is (416) 863-4471. Ms. Newland will provide a copy of the application to any person who requests one. 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 with the Applicant by June 20, 2005.
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
(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 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 the Directions on Procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by July 5, 2005.
5. For further information on the procedures governing the Board's examination, contact Michel L. Mantha, Secretary, at (403) 299-2714 (telephone) or (403) 292-5503 (facsimile).
MICHEL L. MANTHA
Secretary
[21-1-o]
PUBLIC SERVICE EMPLOYMENT ACT
Leave of absence granted
The Public Service Commission of Canada, pursuant to subsection 33(4) of the Public Service Employment Act, hereby gives notice that it has granted leave of absence without pay, pursuant to subsection 33(3) of the said Act, to Ms. Maureen Harquail, Counsel (LA-2A), Federal Prosecution Service, Ontario Regional Office, Justice Canada, Toronto, Ontario, to allow her to be a candidate in the next federal election in the riding of Eglinton—Lawrence, Ontario. This leave will take effect at the close of the nomination meeting should Ms. Harquail be nominated as a candidate.
May 9, 2005
MARIA BARRADOS
President
[21-1-o]
S.C., 1997, c. 36
NOTICE:
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