Vol. 144, No. 1 — January 2, 2010

COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of charities

Following a request from the charities listed below to have their status as a charity revoked, the following notice of intention to revoke was sent:

“Notice is hereby given, pursuant to paragraph 168(1)(a) of the Income Tax Act, that I propose to revoke the registration of the charities listed below and that by virtue of paragraph 168(2)(a) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette.”

CATHY HAWARA
Acting Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2009-009

The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals referenced hereunder. The hearings 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 hearings will be held as scheduled.

Excise Tax Act

Arnold Bros. Transport Ltd. v. Minister of National Revenue

Date of Hearing: January 14, 2010

Appeal No.: AP-2008-030

Issue: Whether Arnold Bros. Transport Ltd.’s application for a refund of the excise tax paid on the portion of diesel fuel purchased in Canada, but used in vehicles for the transportation of goods outside the country, has been properly filed pursuant to subsection 68.1(1) of the Excise Tax Act.

Excise Tax Act

Bison Diversified Inc. o/a Bison Transport v. Minister of National Revenue

Date of Hearing: January 14, 2010

Appeal No.: AP-2009-048

Issue: Whether Bison Diversified Inc. o/a Bison Transport’s application for a refund of the excise tax paid on the portion of diesel fuel purchased in Canada, but used in vehicles for the transportation of goods outside the country, has been properly filed pursuant to subsection 68.1(1) of the Excise Tax Act.

Customs Act

Kverneland Group North America Inc. v. President of the Canada Border Services Agency

Date of Hearing: January 20, 2010

Appeal No.: AP-2009-013

Goods in Issue: Hay bale wrapping machines

Dates of Entry: Between May 2003 and July 2004

Issue: Whether the goods in issue, which are classified under tariff item No. 8422.40.91, are entitled to the benefit of tariff item No. 9903.00.00 as articles for use in tractors powered by an internal combustion engine, not including tractors of the type used on railway station platforms, road tractors for semi-trailers or tractors of a kind for hauling logs (log skidders), and buckets, shovels, grabs, grips, bulldozer or angledozer blades, scarifiers, pneumatic tires and inner tubes for use therewith and for use on the farm.

Customs Act

Dorel Industries Inc. v. President of the Canada Border Services Agency

Date of Hearing: January 28, 2010

Appeal No.: AP-2008-032

Goods in Issue: Baby interactive discovery (Explore ’n Play) bouncers

Dates of Entry: Between December 2003 and November 2005

Issue: Whether the goods in issue are properly classified under tariff item No. 9401.71.10 as other seats, with metal frames, upholstered, for domestic purposes, as determined by the President of the Canada Border Services Agency, or should be classified in heading No. 9503.00 as other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds, as claimed by Dorel Industries Inc.

Tariff Items at Issue:

Dorel Industries Inc.—9503.00

President of the Canada Border Services Agency—9401.71.10

December 21, 2009

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DECISION

Appeal No. AP-2008-023

Notice is hereby given that the Canadian International Trade Tribunal made a decision on December 17, 2009, with respect to an appeal filed by Entrelec Inc. (ABB Canada) from decisions of the President of the Canada Border Services Agency dated December 2, 9 and 23, 2008, with respect to requests for re-determination pursuant to subsection 63(3) of the former Customs Act, as it read prior to the amendments made by Customs Tariff, S.C. 1997, c. 36, ss. 166, 169.

The appeal, heard on November 4, 2009, pursuant to section 67 of the former Customs Act, R.S.C. 1985 (2d Supp.), c. 1, was dismissed.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, December 18, 2009

DOMINIQUE LAPORTE
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.

2009-525-1 December 22, 2009

591991 B.C. Ltd.
Gatineau, Quebec/Ottawa, Ontario and Lévis, Montréal,
Québec, Saguenay, Sherbrooke and Trois-Rivières, Quebec

Correction — The Commission corrects Various radio programming undertakings — Licence renewals, Broadcasting Decision CRTC 2009-525, August 27, 2009.

2009-533-1 December 22, 2009

Radio MF Charlevoix inc.
Saint-Hilarion, La Malbaie, Baie-Saint-Paul,
Petite-Rivière-Saint-François and Saint-Siméon, Quebec

Correction — The Commission corrects Community radio station in Saint-Hilarion, broadcasting Decision CRTC 2009-533, August 28, 2009.

2009-726-1 December 22, 2009

Complaint by Quebecor Media Inc. related to Bell TV’s
practices to combat signal theft

Correction — The Commission corrects Complaint by Quebecor Media Inc. related to Bell TV’s practices to combat signal theft, Broadcasting Decision CRTC 2009-726, November 26, 2009, by replacing paragraphs 7 and 8.

2009-794 December 22, 2009

Astral Media Radio Inc., on behalf of Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Astral Media Radio G.P.

Montréal, Quebec; Toronto, Hamilton, London, St. Catharines, Ottawa and Pembroke, Ontario; Brandon and Winnipeg, Manitoba; Calgary and Edmonton, Alberta; Fort Nelson, Fort St. John, Vernon, Kitimat, Vancouver, Revelstoke, Kelowna, Penticton, Osoyoos, Summerland, Golden, Trail, Terrace, Prince Rupert, Dawson Creek, Princeton, Nelson and Salmon Arm, British Columbia

Approved in part — Amendment to the schedule and amount of payments made for Canadian content development (CCD) to address a shortfall in CCD contributions for the 2008 broadcast year. The Commission requires Astral to expend $750,000 on CCD, allocated as proposed in its application, by no later than August 31, 2010.

2009-795 December 22, 2009

Astral Media Radio Inc.
Sherbrooke, Quebec

Approved — Amendment to the broadcasting licence for the radio station CIMO-FM Magog in order to change the authorized contours of its rebroadcasting transmitter CIMO-FM-1 Sherbrooke by increasing the average effective radiated power, by increasing the effective height of the antenna above average terrain, by changing the type of antenna and by relocating the transmitter.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-793

Notice of applications received

Various locations
Deadline for submission of interventions and/or comments:
January 20, 2010

The Commission has received the following applications:

1. RNC Media Inc.
Montréal, Quebec

To renew the broadcasting licence for the French-language commercial specialty radio programming undertaking CKLX-FM Montréal expiring on May 31, 2010.

2. Diffusion Laval inc.
Laval, Quebec

To renew the broadcasting licence for the French-language commercial radio programming undertaking CFAV Laval expiring on May 31, 2010.

3. Sound of Faith Broadcasting
London, Ontario

To renew the broadcasting licence for the English-language commercial specialty FM radio programming undertaking CHJX-FM London expiring on May 31, 2010.

4. Robert G. Hopkins
Tagish, Yukon

To renew the broadcasting licence for the English-language commercial low-power radio programming undertaking CFET-FM Tagish expiring on May 31, 2010.

5. Way of Life Broadcasting
Dryden, Ontario

To renew the broadcasting licence for the English-language commercial radio programming undertaking CJIV-FM Dryden expiring on May 31, 2010.

6. Rogers Broadcasting Limited
Kitchener, Ontario

To renew the broadcasting licence for the commercial radio programming undertaking CIKZ-FM Kitchener expiring on May 31, 2010.

7. Newcap Inc.
Winnipeg, Manitoba

To renew the broadcasting licence for the commercial specialty radio programming undertaking CHNK-FM Winnipeg expiring on May 31, 2010.

December 21, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-796

Notice of application received

Across Canada
Deadline for submission of interventions and/or comments:
January 26, 2010

The Commission has received the following application:

1. Canadian Broadcasting Corporation
Across Canada

To amend the broadcasting licence for the national, English-language Category 2 specialty programming undertaking known as CBC SportsPlus. The licensee proposes to adopt the standard conditions of licence for competitive Canadian mainstream sports specialty programming undertakings set out in Appendix 1 to Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news, Broadcasting Regulatory Policy CRTC 2009-562, September 4, 2009, for its service.

December 22, 2009

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-797

Call for comments on proposed amendments to the Broadcasting Licence Fee Regulations, 1997

In the notice, the Commission invites parties to comment on proposed amendments to the Broadcasting Licence Fee Regulations, 1997 (the Regulations) on or before February 10, 2010. The purpose of the amendments is to initiate changes to the Regulations as a result of an out-of-court settlement reached between the Government of Canada and members of the broadcasting industry with respect to the Part II broadcasting licence fees. As part of the settlement, the Government recommended that the Commission develop a new fee regime that would cap the total annual Part II licence fees to be paid by broadcasters to the lesser of the current Part II licence fees, calculated according to section 11 of the Regulations, and $100 million, adjusted annually after 2010 by changes in the Consumer Price Index.

December 22, 2009

REGULATIONS AMENDING THE BROADCASTING LICENCE FEE REGULATIONS, 1997

AMENDMENTS