Vol. 144, No. 7 — February 13, 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-2009-011

The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals referenced hereunder. These 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.

Customs Act

Danone Inc. v. President of the Canada Border Services Agency

Date of Hearing: March 10, 2010

Appeal No.: AP-2009-015

Goods in Issue: Danone DanActive Probiotic Drink

Issue: Whether the goods in issue are properly classified under tariff item No. 0403.10.10 (within access commitment) or tariff item No. 0403.10.20 (over access commitment) as liquid yogurt, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 2202.90.49 as other beverages containing milk or, in the alternative, under tariff item No. 3004.90.00 as medicaments, as claimed by Danone Inc.

Tariff Items at Issue: Danone Inc.—2202.90.49 or 3004.90.00

President of the Canada Border Services Agency—0403.10.10 or 0403.10.20

Customs Act

Evenflo Canada Inc. v. President of the Canada Border Services Agency

Date of Hearing: March 16, 2010

Appeal No.: AP-2009-049

Goods in Issue: Infant travel systems (car seat/stroller combinations)

Dates of Entry: Between October 2004 and December 2005

Issue: Whether the goods in issue are properly classified under tariff item No. 8715.00.00 as baby carriages, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9401.80.90 as other seats, as claimed by Evenflo Canada Inc.

Tariff Items at Issue: Evenflo Canada Inc.—9401.80.90

President of the Canada Border Services Agency—8715.00.00

February 5, 2010

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER

Waterproof footwear and bottoms

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its order made on December 7, 2005, in Expiry Review No. RR-2004-008, continuing, without amendment, its finding made on December 8, 2000, in Inquiry No. NQ-2000-004, concerning waterproof footwear and bottoms of plastic or rubber, including moulded clogs, originating in or exported from the People’s Republic of China, excluding ski boots, skating boots and all footwear previously subject to the order made by the Canadian International Trade Tribunal in Review No. RR-97-001, is scheduled to expire (Expiry No. LE-2009-004) on December 6, 2010. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date.

Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Secretary on or before February 16, 2010. Each counsel who intends to represent a party in these proceedings must also file a notice of representation with the Secretary on or before February 16, 2010. Qualified counsel who wish to have access to any confidential documents filed in these proceedings must file their notices of representation, declarations and undertakings, as well as the notices of participation signed by the parties that they represent, by the same date.

Parties requesting or opposing the initiation of an expiry review of the said order shall file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal no later than February 22, 2010. Parties should endeavour to base their submissions on public information; however, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or edited version thereof.

Submissions shall include evidence, e.g. documents and sources that support the factual statements in the submissions, and argument concerning all relevant factors, including

• the likelihood of continued or resumed dumping of the goods;
• the likely volume and price ranges of dumped imports if dumping were to continue or resume;
• the domestic industry’s recent performance (data for the past three years and for the most recent interim period), including supporting data and statistics showing trends in production, sales, market share, domestic prices, costs and profits;
• the likelihood of injury to the domestic industry if the order were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped imports on the industry’s future performance;
• any other developments affecting, or likely to affect, the performance of the domestic industry;
• changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and
• any other matter that is relevant.

Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. In these circumstances, the Tribunal will distribute copies of the public submissions to each party that filed a submission with the Tribunal. Confidential submissions will be distributed by the Tribunal only to those counsel who have filed undertakings. Parties wishing to respond to the submissions must do so no later than March 5, 2010.

An expiry review at the request of any firm, organization, person or government will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

The Tribunal will issue a decision on March 24, 2010, on whether an expiry review is warranted. If the Tribunal decides that a review is not warranted, the order will expire on its scheduled expiry date. The Tribunal will issue its reasons no later than 15 days after its decision. If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

The Tribunal’s Draft Guideline on Expiry Reviews can be found on its Web site at www.citt-tcce.gc.ca. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the draft guideline explains how an expiry review is conducted if the Tribunal determines that one is warranted. In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation.

Written submissions, correspondence and 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 (fax), secretary@citt-tcce.gc.ca (email).

Documents may be filed electronically with the Tribunal through its Secure E-filing Service. The service utilizes the Government of Canada’s epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.

However, paper copies must still be filed in the required 20 copies. When a paper copy and an electronic version of the same document are filed with the Tribunal, both must be identical. In case of discrepancies, the paper copy will be considered the original.

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, February 2, 2010

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

FINDING

Hot-rolled carbon steel plate and high-strength low-alloy steel plate

Notice is hereby given that, on February 2, 2010, further to the issuance by the President of the Canada Border Services Agency of a final determination dated January 4, 2010, that the above-mentioned goods (Inquiry No. NQ-2009-003) had been dumped, and pursuant to subsection 43(1) of the Special Import Measures Act, the Canadian International Trade Tribunal found that the dumping of the above-mentioned goods had not caused injury but was threatening to cause injury to the domestic industry.

Ottawa, February 2, 2010

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.

2010-48 February 1, 2010

Northern Lights Entertainment Inc.
Iqaluit, Nunavut

Approved — Broadcasting licence to operate a predominantly English-language commercial FM radio station to serve Iqaluit, Nunavut.

2010-49 February 1, 2010

The Sports Network Inc.
Across Canada

Approved — Application to amend the broadcasting licence for the specialty television programming undertaking The Sports Network in order to replace its current conditions of licence with the standard conditions set out in 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.

2010-55 February 4, 2010

Radio de la communauté francophone d’Ottawa
Ottawa, Ontario

Approved — Use of frequency 94.5 MHz (channel 233B1) for the operation of the new French-language community FM radio programming undertaking in Ottawa, Ontario, approved in part in Reconsideration of Broadcasting Decision 2008-222 pursuant to Orders in Council P.C. 2008-1769 and P.C. 2008-1770, Broadcasting Decision CRTC 2009-481, August 11, 2009.

2010-56 February 4, 2010

Radio du Golfe inc.
Chandler and Percé, Quebec

Denied — Amendment to the broadcasting licence for CFMV-FM Chandler by adding a low-power FM transmitter in Percé.

2010-59 February 5, 2010

Canadian Broadcasting Corporation
Montréal, Quebec

Approved — Application relating to the radio programming undertaking CBF-FM Montréal to increase the effective height of the antenna above average terrain from 242.7 to 298.9 m. All other technical parameters remain unchanged.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2009-661-4

Notice of hearing

April 26, 2010
National Capital Region
Review of community television policy framework
Additional documents on the public file
Deadline for submission of interventions and/or comments: February 1, 2010

The Commission has placed two documents on its Web site for consideration as part of its review of the community television policy framework. Both documents will form part of the public record of this proceeding. These include

• aggregate financial data concerning community programming; and
• a list of the 139 locations with licensees who reported community channel expenditures in 2008.

The Commission is making these documents available so that parties can comment on them either in their submission before the Commission or in any final written submission after the hearing.

February 5, 2010

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-47

Notice of application received

Olds, Alberta
Deadline for submission of interventions and/or comments: March 8, 2010

The Commission has received the following application:

1. CAB-K Broadcasting Ltd.
    Olds, Alberta

To change the authorized contours of CKJX-FM Olds by increasing the effective radiated power (ERP) from 6 700 to 35 000 W (non-directional antenna with an effective height of antenna above average terrain of 124.7 m). All other technical parameters would remain unchanged.

February 1, 2010

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-58

Notice of application received

Ottawa, Ontario; and Gatineau, Quebec
Deadline for submission of interventions and/or comments: March 12, 2010

The Commission has received the following application:

1. Torres Media Ottawa Inc.
    Ottawa, Ontario; and Gatineau, Quebec

To modify the authorized contours of CIDG-FM approved in Reconsideration of Broadcasting Decision 2008-222 pursuant to Orders in Council P.C. 2008-1769 and P.C. 2008-1770, Broadcasting Decision CRTC 2009-481, August 11, 2009, by decreasing the average effective radiated power (ERP) from 1 300 to 934 W, by increasing the maximum ERP from 3 000 to 4 500 W (effective height of the antenna above average terrain of 98 m) and by relocating the antenna.

February 5, 2010

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2010-57

Revised lists of eligible satellite services — Annual compilation of amendments

The Commission sets out all amendments made to the revised lists of eligible satellite services since the issuance of Revised lists of eligible satellite services — Annual compilation of amendments, Broadcasting Regulatory Policy CRTC 2009-50, February 4, 2009.

February 4, 2010

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Louis Dreyfus Energy Services L.P.

By an application dated February 3, 2010, Louis Dreyfus Energy Services L.P. (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 500 MWh of firm power and energy and up to 100 MWh of interruptible energy 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 its offices located at Louis Dreyfus Energy Services L.P., 20 Westport Road, Wilton, Connecticut 06897, U.S.A., Attn: Duane Ducleaux, 203-761-8183 (telephone), 203-761-8424 (fax), 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 March 15, 2010.

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

1. (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;
2. (b) the impact of the exportation on the environment; and
3. (c) whether the Applicant has
   
   
   1. (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
   2. (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 March 30, 2010.

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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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it granted permission, pursuant to subsection 115(2) of the said Act, to Laurie A. Gallant, Processing Officer, Accounts, Benefits and Rebates (SP-04), Canada Revenue Agency, Summerside, Prince Edward Island, to be a candidate before and during the election period for the position of Councillor for the Community of North Rustico, Prince Edward Island, in a municipal election held on November 2, 2009.

January 27, 2010

MARIA BARRADOS
President

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