COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain filter-tipped cigarette tubes — Decision

The President of the Canada Border Services Agency (President) has, pursuant to subsection 53(1) of the Special Import Measures Act (SIMA), reviewed the undertaking accepted on April 12, 1999, from the exporter, Alpaci S.a.r.l., and the vendor, Gizeh Raucherbedart GmbH & Co. KG, in respect of filter-tipped cigarette tubes, excluding those which bear the trademark or brand name of a finished or ready-made cigarette, originating in or exported from France.

The President is satisfied that the conditions under which the undertaking was accepted no longer exist. Accordingly, the undertaking has been terminated in accordance with subsection 52(1.2) of SIMA and all proceedings respecting the subject goods have been terminated pursuant to subsection 52(1.3) of SIMA.

Information

The statement of reasons regarding this decision will be issued within 15 days and will also be available on the CBSA’s Web site at www.cbsa.gc.ca/sima-lmsi/menu-eng.html or by contacting Antoine Parker at 613-954-7386, or by fax at 613-948-4844.

Ottawa, April 6, 2009

M. R. JORDAN
Director General
Trade Programs Directorate

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraphs 168(1)(b), 168(1)(c), 168(1)(d) and 168(1)(e) of the Income Tax Act, that I propose to revoke the registration of the organization listed below under subsection 149.1(2) and paragraph 149.1(2)(b) of the Income Tax Act and that the revocation of the registration is effective on the date of publication of this notice.”

TERRY DE MARCH
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2009-001

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 to obtain further information and to confirm that the hearing will be held as scheduled.

Customs Act

P.L. Light Systems Canada Inc. v. President of the Canada Border Services Agency

April 17, 2009

By order of the Tribunal
HÉLÈNE NADEAU
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 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 983-8274 (TDD), 204-983-6317 (fax);

— 530–580 Hornby Street, Vancouver, British Columbia V6C 3B6, 604-666-2111 (telephone), 666-0778 (TDD), 604-666-8322 (fax);

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);

— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).

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.

2009-184 April 8, 2009

Dismissed — Complaint regarding an election debate program broadcast by Rogers Cable Communications Inc. during the 2007 Ontario provincial election

The Commission received a complaint from Mr. John Turmel regarding an election debate program broadcast by Rogers Cable Communications Inc. (Rogers) on its community channel, Rogers TV. In his complaint, Mr. Turmel submitted that Rogers breached regulations regarding the equitable allocation of time for programs of a partisan political character by expelling him from the program.

In light of the Commission’s determinations in Public Notice 1995-44, the Commission considers that it is within Rogers’ editorial discretion to set the rules and format for debates it chooses to air, and to exclude participants where, in its view, those rules are not being complied with. The Commission finds that Rogers Cable Communications Inc. did not breach subsection 27(4) of the Broadcasting Distribution Regulations.

2009-185 April 8, 2009

Commission’s findings following its call for comments on the capacity of the radio markets of Iroquois Falls and Cochrane, Ontario, to support the licensing of new commercial radio stations

In Broadcasting Public Notice 2008-116, the Commission announced that it had received applications for broadcasting licences to provide commercial radio services to Iroquois Falls and Cochrane, Ontario. The Commission expressed concern that these radio markets may not have the capacity to support the addition of new commercial radio stations at this time and called for comments from all interested parties.

Based on its analysis of the comments received in response to this call as well as its review of the financial performance of incumbent radio stations and the economic situation in light of the recession, the Commission finds that the radio markets of Iroquois Falls and Cochrane do not have the capacity to support new commercial radio stations at this time. Consistent with Broadcasting Public Notice 2006-159, the Commission will not generally be disposed to accept applications for new commercial radio stations to serve the markets in question for a period of two years from the date of the present decision.

2009-188 April 9, 2009

Vision TV: Canada’s Faith Network/Réseau religieux canadien
Across Canada

Approved — Amendment to the broadcasting licence for the national, multi-faith specialty television programming undertaking known as VisionTV, by deleting its conditions of licence relating to its Board of Directors, and by amending the condition of licence relating to the Mosaic Program Management Group as well as the terms of reference cited in that condition of licence.

2009-145-1 April 9, 2009

Various specialty, pay, pay-per-view, video on demand, satellite-to-cable undertakings and community-based television programming undertakings
Across Canada

Administrative renewals — Corrections

2009-191 April 15, 2009

Cowichan Valley Community Radio Society
Lake Cowichan, British Columbia

Approved — Broadcasting licence to operate an English-language, low-power developmental community FM radio programming undertaking in Lake Cowichan.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

INFORMATION BULLETIN 2009-197

Guidelines for all licensees of broadcasting undertakings serving the province of British Columbia

Guidelines for all licensees of broadcasting undertakings serving the province of British Columbia relating to a provincial election that will occur in British Columbia on May 12, 2009.

April 17, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-157-2

Notice of hearing

May 25, 2009
Québec, Quebec
Revised hearing date

Further to Broadcasting Notice of Consultation 2009-157, the Commission announces the following:

The hearing will now commence on Tuesday, May 26, 2009, at 9:30 a.m.

April 17, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-158-2

Notice of hearing

May 27, 2009
Halifax, Nova Scotia
Revised hearing date

Further to Broadcasting Notices of Consultation 2009-158 and 2009-158-1, the Commission announces the following:

The hearing will now commence on Thursday, May 28, 2009, at 9:30 a.m.

April 17, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-173-1

Call for comments on a proposed exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20 000 subscribers — Additional information and correction

Additional information regarding the impact of the proposed exemption order of Part I licence fees.

Correction to the proposed exemption order by increasing certain provisions related to the distribution of a second version of CPAC and the federal parliamentary service in the official language of the minority into the appendix of Broadcasting Notice of Consultation CRTC 2009-173.

April 17, 2009

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(Erratum)

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-176

Call for comments on proposed amendments to the Broadcasting Distribution Regulations, the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990

The Commission proposes to amend the above-noted Regulations in order to implement certain elements of the proposed regulatory framework for broadcasting distribution undertakings and discretionary programming services set out in Broadcasting Public Notice 2008-100 and in order to implement changes relating to sections 29 and 44 of the Broadcasting Distribution Regulations to require that contributions to Canadian programming be remitted on a monthly basis and reconciled on an annual basis.

The Commission invites comments on the wording of the proposed amendments set out in the appendices to this notice. The Commission will accept comments that it receives on or before May 3, 2009.

April 3, 2009

Appendix 1 to Broadcasting Notice of Consultation
CRTC 2009-176

REGULATIONS AMENDING THE BROADCASTING
DISTRIBUTION REGULATIONS

AMENDMENTS

1. Section 1 of the Broadcasting Distribution Regulations is amended by adding the following in alphabetical order:

“Local Programming Improvement Fund” means the Local Programming Improvement Fund — established in Broadcasting Public Notice CRTC 2008-100 entitled, Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services — or its successor. (Fonds pour l’amélioration de la programmation locale)

2. Section 7 of the Regulations is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):

(g) for the purpose of inserting a commercial message, if the insertion is in accordance with an agreement between the licensee and the operator of the service or the network responsible for the service, and that agreement pertains to commercial messages directed at a target market of consumers.

3. Section 9 of the Regulations is renumbered as subsection 9(1) and is amended by adding the following:

(2) In any proceedings before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

4. Subsections 29(3) to (8) of the Regulations are replaced by the following:

(3) Except as otherwise provided by a condition of its licence, if a licensee does not distribute its own community programming on the community channel and if a community programming undertaking is licensed in the licensed area, the licensee shall make, for each broadcast year, a contribution of 3% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming and a contribution of 2% of its gross revenues derived from broadcasting activities in the broadcast year to the community programming undertaking.

(4) Except as otherwise provided by a condition of its licence, if a licensee does not distribute its own community programming on the community channel and if no community programming undertaking is licensed in the licensed area, the licensee shall make, for each broadcast year, a contribution of 5% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming.

(5) Except as otherwise provided by a condition of its licence, if a licensee distributes its own community programming on the community channel, the licensee shall make, for each broadcast year, a contribution to Canadian programming that is the greater of

(a) 5% of its gross revenues derived from broadcasting activities in the broadcast year, less any contribution to local expression made by the licensee in that broadcast year, and

(b) 3% of its gross revenues derived from broadcasting activities in that broadcast year.

5. The Regulations are amended by adding the following after section 29:

29.1 Except as otherwise provided by a condition of its licence, a licensee shall make, for each broadcast year, a contribution of one per cent of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming. The contribution shall be made to the Local Programming Improvement Fund.

29.2 (1) The licensee shall separately calculate each contribution required under sections 29 and 29.1 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

(2) Each contribution shall be made separately by the licensee in 12 monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month and equal to an amount that is 1/12 of the contribution to be made.

(3) However, if the licensee’s gross revenues derived from broadcasting activities in the previous broadcast year are not known when the instalment is made, the instalment shall be equal to an amount that is 1/12 of the contribution to be made, calculated on the basis of an estimate of those gross revenues.

29.3 (1) If, as a result of the calculations performed under subsection 29.2(1), the contribution made by a licensee for a broadcast year is greater than the amount of that contribution required under section 29 or 29.1, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year.

(2) If, as a result of the calculations performed under subsection 29.2(1), the contribution made by a licensee for a broadcast year is less than the amount of that contribution required under section 29 or 29.1, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

6. Section 44 of the Regulations is replaced by the following:

44. A licensee shall make, for each broadcast year, the following contributions to Canadian programming based on its gross revenues derived from broadcasting activities in that year:

(a) to the Canadian production fund, a contribution of 4% of those revenues;

(b) to one or more independent production funds, a contribution of one per cent of those revenues; and

(c) to the Local Programming Improvement Fund, a contribution of one per cent of those revenues.

44.1 (1) The licensee shall separately calculate each contribution required under section 44 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

(2) Each contribution shall be made separately by the licensee in 12 monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month and equal to an amount that is 1/12 of the contribution to be made.

(3) However, if the licensee’s gross revenues derived from broadcasting activities in the previous broadcast year are not known when the instalment is made, the instalment shall be equal to an amount that is 1/12 of the contribution to be made, calculated on the basis of an estimate of those gross revenues.

44.2 (1) If, as a result of the calculations performed under subsection 44.1(1), the contribution made by a licensee for a broadcast year is greater than the amount of that contribution required under section 44, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year.

(2) If, as a result of the calculations performed under subsection 44.1(1), the contribution made by a licensee for a broadcast year is less than the amount of that contribution required under section 44, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

COMING INTO FORCE

7. These Regulations come into force on September 1, 2009.

Appendix 2 to Broadcasting Notice of Consultation CRTC 2009-176

REGULATIONS AMENDING CERTAIN REGULATIONS
MADE UNDER THE BROADCASTING ACT

AMENDMENTS

TELEVISION BROADCASTING REGULATIONS, 1987

1. The Television Broadcasting Regulations, 1987 are amended by adding the following after section 14:

UNDUE PREFERENCE OR DISADVANTAGE

15. No licensee shall give an undue preference to any person, including itself, or subject any person to an undue disadvantage.

PAY TELEVISION REGULATIONS, 1990

2. Subsection 2(1) of the Pay Television Regulations, 1990 is amended by adding the following in alphabetical order:

“exempt distribution undertaking” means a distribution undertaking whose operator is, by order of the Commission made under subsection 9(4) of the Act, exempt from any or all of the requirements of Part II of the Act; (entreprise de distribution exemptée)

3. Section 7 of the Regulations and the heading before it are replaced by the following:

OBLIGATION DURING DISPUTE

7. During any dispute between a licensee and the licensee of a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming originated by the licensee or concerning any right or obligation under the Act, the licensee shall continue to provide the distributor or operator with its programming services on the same terms and conditions as it did before the dispute.

TRANSMISSION OF PROGRAMMING SERVICE

8. Except as otherwise provided under a condition of its licence, a licensee whose programming service is required to be distributed under section 18 of the Broadcasting Distribution Regulations or under an order of the Commission made under subsection 9(4) of the Act shall

(a) ensure that the programming service is transmitted from its production facilities to each broadcasting distribution undertaking’s head end or satellite uplink centre that is within the area for which the licensee is licensed; and

(b) bear the costs of the transmission.

SPECIALTY SERVICES REGULATIONS, 1990

4. Section 2 of the Specialty Services Regulations, 1990 is amended by adding the following in alphabetical order:

“exempt distribution undertaking” means a distribution undertaking whose operator is, by order of the Commission made under subsection 9(4) of the Act, exempt from any or all of the requirements of Part II of the Act; (entreprise de distribution exemptée)

5. Section 5 of the Regulations is repealed.

6. Section 9 of the Regulations is replaced by the following:

9. A licensee shall not enter into a program delivery agreement with a person who is a non-Canadian as defined in section 1 of the Direction to the CRTC (Ineligibility of Non-Canadians).

7. Section 11 of the Regulations and the heading before it are replaced by the following:

OBLIGATION DURING DISPUTE

11. During any dispute between a licensee and the licensee of a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming originated by the licensee or concerning any right or obligation under the Act, the licensee shall continue to provide the distributor or operator with its programming services on the same terms and conditions as it did before the dispute.

TRANSMISSION OF PROGRAMMING SERVICE

12. Except as otherwise provided under a condition of its licence, a licensee whose programming service is required to be distributed under section 18 of the Broadcasting Distribution Regulations or under an order of the Commission made under subsection 9(4) of the Act shall

(a) ensure that the programming service is transmitted from its production facilities to each broadcasting distribution undertaking’s head end or satellite uplink centre that is within the area for which the licensee is licensed; and

(b) bear the costs of the transmission.

COMING INTO FORCE

8. These Regulations come into force on September 1, 2009.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-195

Notice of application received

Drayton Valley, Alberta
Deadline for submission of interventions and/or comments: May 21, 2009

The Commission has received the following application:

1. Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership
Drayton Valley, Alberta

 To amend the broadcasting licence of the English-language FM commercial radio programming undertaking CIBW-FM Drayton Valley.

April 16, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-196

Notice of applications received

Montréal, Quebec
Deadline for submission of interventions and/or comments: May 21, 2009

The Commission has received the following applications:

1. Société de télédiffusion du Québec
Montréal, Quebec

To renew, for a seven-year period, the broadcasting licence of the television programming undertaking CIVM-TV Montréal and its transmitters CIVM-DT Montréal, CIVO-TV Gatineau, CIVP-TV Chapeau, CIVS-TV Sherbrooke, CIVC-TV Trois-Rivières, CIVQ-TV Québec, CIVV-TV Saguenay, CIVA-TV Val-d’Or, CIVA-TV-1 Rouyn, CIVG-TV Sept-Îles, CIVB-TV Rimouski, CIVK-TV Carleton, CIVK-TV-1 Anse-aux-Gascons, CIVK-TV-2 Percé, CIVK-TV-3 Gaspé, CIVB-TV-1 Grand-Fonds, CIVF-TV Baie-Trinité, expiring August 31, 2009.

2. Canal Savoir
Montréal, Quebec

To renew, for a seven-year period, the broadcasting licence of the television programming undertaking CFTU-TV Montréal, expiring August 31, 2009.

April 16, 2009

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Integrys Energy Services, Inc.

By an application dated April 23, 2009, Integrys Energy Services, Inc. (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 200 MW/1 752 000 MWh of interruptible energy for a period of 10 years. The Applicant does not hold a direct interest in any generation or transmission facilities in Canada; however, an affiliate of the Applicant, WPS Canada Generation, Inc., owns a 1 MW diesel generation facility and a 33.5 MW hydro generation facility at or near Andover in the province of New Brunswick.

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 Integrys Energy Services, Inc., 639 5th Avenue SW, Suite 850, Calgary, Alberta T2P 0M9, and 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, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by May 25, 2009.

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 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 June 9, 2009.

5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board, Claudine Dutil-Berry, at 403-299-2714 (telephone) or 403-292-5503 (fax).

CLAUDINE DUTIL-BERRY
Secretary

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