COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2009-015

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

CapsCanada Corporation v. President of the Canada Border Services Agency

Date of Hearing: April 20, 2010

Appeal No.: AP-2009-003

Goods in Issue: K-Caps^®

Issue: Whether the goods in issue are properly classified under tariff item No. 3923.90.90 as other articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics, as determined by the President of the Canada Border Services Agency, or should be classified in heading No. 9602.00 as worked, unhardened gelatine (except gelatine of heading No. 35.03) and articles of unhardened gelatine, as claimed by CapsCanada Corporation.

Tariff Items at Issue: CapsCanada Corporation—9602.00
President of the Canada Border Services Agency—3923.90.90

March 19, 2010

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

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 No. PR-2009-056) on March 12, 2010, with respect to a complaint filed by Microsoft Canada Co., Microsoft Corporation, Microsoft Licensing, GP and Softchoice Corporation (M&S), of Ottawa, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. EP265-04H0009/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Health. The solicitation was for the provision of an email system.

M&S alleged that PWGSC improperly extended the scope of an existing contract, thereby implementing a de facto sole source acquisition.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal determined that the complaint was not 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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, March 16, 2010

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DISMISSAL

Architect and engineering services

Notice is hereby given that the Canadian International Trade Tribunal (the Tribunal) issued an order on March 18, 2010, with respect to a complaint (File No. PR-2009-063) filed by BMT Technology Limited (BMT), of Kanata, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. F7013-090024/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans, Canadian Coast Guard. The solicitation was for the development of bid design packages for offshore vessels.

BMT alleged that PWGSC (1) improperly rejected its proposal, citing unfair advantage concerns, (2) improperly applied the evaluation criteria and (3) failed to ensure equal access to the procurement.

Having found that it did not have jurisdiction to continue its inquiry into the complaint, pursuant to paragraph 10(c) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the Tribunal dismissed the complaint.

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, March 19, 2010

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

EDP hardware and software

The Canadian International Trade Tribunal (the Tribunal) has received complaints (File Nos. PR-2009-104 to PR-2009-128) from Enterasys Networks of Canada Ltd. (Enterasys), of Thornhill, Ontario, concerning procurements (Solicitation Nos. M9010-105182/A [RVD 669], 21120-104931/A [RVD 671], A0416-094512/A [RVD 678], W6369-10P5FF/A [RVD 688], W0106-09613B/A [RVD 695], 59017-100012/A [RVD 691], W6369-10P5GG/B [RVD 685], W8484-108305/A [RVD 692], W6369-10P5GM [RVD 693], 23240-103042/A [RVD 697], EN869-103849/A [RVD 702], 23240-103817/A [RVD 704], A0416-094516/B [RVD 706], A0416-094516/B [RVD 707], W010S-10D282/A [RVD 711], FP945-090053/A [RVD 712], C1111-090957/A [RVD 714], W6369-10P5GG/A [RVD 685], B8219-090643/A [RVD 710], 84084-090232/A [RVD 708], M9010-105183/A [RVD 717], 24062-090345/A [RVD 719], K7C20-090674/A [RVD 720], C1111-090959/A [RVD 726], 84084-090254/B [RVD 699]) by the Department of Public Works and Government Services (PWGSC). The solicitations are for the provision of networking equipment. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaints.

Enterasys alleges that PWGSC improperly conducted the above-noted solicitations.

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, March 16, 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.

2010-159 March 16, 2010

Thunder Bay Electronics Limited
Thunder Bay, Ontario

Approved — Amendment to the broadcasting licence for the television station CHFD-TV Thunder Bay in order to delete a condition of licence.

2010-163 March 19, 2010

Canadian Broadcasting Corporation
Rimouski and Québec, Quebec

Approved — Application in order to operate a new regional television station in Rimouski.

Approved — Application in order to amend the broadcasting licence for station CBVT Québec in order to transfer the transmitters listed in the decision to the new regional television station CJBR-TV Rimouski.

2010-164 March 19, 2010

CTV Television Inc.
Halifax and Sydney, Nova Scotia; Moncton and Saint John, New Brunswick; Montréal, Quebec; Kitchener, North Bay, Ottawa, Sault Ste. Marie, Sudbury, Timmins and Toronto, Ontario; Winnipeg, Manitoba; Prince Albert, Regina, Saskatoon and Yorkton, Saskatchewan; Calgary, Edmonton and Lethbridge, Alberta; and Vancouver, British Columbia

Approved — Amendment to the broadcasting licences for the television programming undertakings listed in the decision and their transmitters in order to increase their flexibility in fulfilling their described video programming commitments.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-156

Notice of application received

Across Canada
Deadline for submission of interventions and/or comments: April 20, 2010

The Commission has received the following application:

1. CTVglobemedia Inc., on behalf of its subsidiary
Le Réseau des sports (RDS) inc.
Across Canada

To replace RDS’s 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.

March 16, 2010

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-157

Notice of application received

Toronto, Ontario
Deadline for submission of interventions and/or comments: April 20, 2010

The Commission has received the following application:

1. Durham Radio Inc.
Toronto, Ontario

To modify the authorized contours of its transmitter CJKX-FM-2 Toronto by decreasing the average effective radiated power (ERP) from 122 to 31 W (maximum ERP from 220 W at 16 degrees to 175 W at 0 degree). All other technical parameters remain unchanged.

March 16, 2010

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2010-162

Distribution by direct-to-home services of stations from the major ownership groups in the Atlantic provinces and independently owned stations across Canada

In Broadcasting Public Notice 2008-100, the Commission announced that as of August 31, 2011, new rules will apply to the distribution of television stations by direct-to-home (DTH) services. In this regulatory policy, the Commission announces two changes to those rules which have been adopted by majority decision

• First, to ensure that subscribers in the Atlantic region receive an equitable range of television stations, DTH services will be required to carry two Atlantic stations from each of the major broadcast ownership groups as part of the basic service offered to subscribers in that region.
• Second, to ensure that subscribers have access to a local voice that is distinct from that offered by the major broadcast ownership groups, DTH services will also be required to distribute at least two independently owned television stations from the other ownership groups across Canada. DTH services will be required to provide at least one such station as part of the basic service in each province where such a station has been licensed.

March 19, 2010

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