Vol. 145, No. 7 — February 12, 2011

ARCHIVED — COMMISSIONS

CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL10-01

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the terms and conditions of the interests issued as a result of Call for Bids No. NL10-01. The bids selected, and the information contained on the prescribed bid forms, were published in the Canada Gazette, Part I, on December 18, 2010.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Exploration Licence Nos. 1121 and 1122 were issued to the following interest owners:

Exploration Licence

Interest Owners

Ownership %

1121

Husky Oil Operations Limited
Repsol E & P Canada Ltd.

67.00%
33.00%

1122

Husky Oil Operations Limited
Statoil Canada Ltd.

50.00%
50.00%

The following is a summary of the terms and conditions of the above exploration licences:

1. The exploration licences confer

  • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;
  • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and
  • (c) the exclusive right, subject to compliance with the other provisions of the Act, to obtain a production licence.

2. The exploration licences were issued for a nine-year term effective January 15, 2011.

3. Period I is a period of five years commencing on the effective date of the licences specified below. The interest owners shall commence the drilling of the well within Period I, and diligently pursue such drilling thereafter, as a condition precedent to obtaining tenure during Period II.

4. The interest owners may at their option extend Period I from five years to six years by providing to the Board before the end of the fifth year of Period I either

  • (i) a description of 50% of contiguous Licence Lands to be surrendered together with a refundable drilling deposit of $1,000,000, or
  • (ii) a $5,000,000 refundable drilling deposit.

If a drilling deposit is posted in accordance with paragraph (i) or (ii) above, it will be refunded in full if the Licence is validated for Period II by the drilling of a well on that licence. No interest will be paid on the drilling deposit.

If a validation well is not drilled, the drilling deposit will be forfeited to the Receiver General for Canada upon the termination of the Licence at the end of Period I. Allowable Expenditures cannot be applied against the drilling deposit.

5. Upon the expiration of Period II, there shall be a deemed surrender of the interest except as it relates to the lands or any portion thereof subject to a significant discovery licence, or a production licence.

6. The interest owners for the above exploration licences were required to provide the following security deposits in the form of a promissory note satisfactory to the Board:

Exploration Licence

Security Deposit

1121

$287,500

1122

$3,787,500

A credit against the deposit will be made following each anniversary date of each respective exploration licence on the basis of 25% of allowable expenditures. Any deposit balance remaining at the end of Period I, or following the termination of a well commenced and being pursued diligently but not terminated within Period I, or upon the surrender of rights, will be forfeited.

7. For each licence, rentals will be applicable only in Period II at a rate of $5.00 per hectare in respect of the first year and increasing thereafter by $5.00 per hectare per year, up to and including the third year. Rentals for the fourth year will be $15.00 per hectare.

8. Other terms and conditions referred to in the licences include provisions respecting Significant Discoveries, Allowable Expenditures, Indemnity, Liability, Successors and Assigns, Notice, Waiver and Relief, Appointment of Representative and Agreement by Interest Owners.

9. For the payment of a prescribed service fee, the exploration licences may be inspected or, by written request, certified copies made available at the following address: Office of the Registrar, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, 5th Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6, 709-778-1400.

January 2011

MAX RUELOKKE, P.Eng.
Chairman and Chief Executive Officer

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CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL10-02

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the terms and conditions of the interests issued as a result of Call for Bids No. NL10-02. The bids selected, and the information contained on the prescribed bid forms, were published in the Canada Gazette, Part I, on December 25, 2010.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Exploration Licence Nos. 1123 and 1124 were issued to the following interest owners:

Exploration Licence

Interest Owners

Ownership %

1123

Statoil Canada Ltd.
Repsol E & P Canada Ltd.

75.00%
25.00%

1124

Statoil Canada Ltd.
Husky Oil Operations Limited

65.00%
35.00%

The following is a summary of the terms and conditions of the above exploration licences:

1. The exploration licences confer

  • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;
  • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and
  • (c) the exclusive right, subject to compliance with the other provisions of the Act, to obtain a production licence.

2. The exploration licences were issued for a nine-year term effective January 15, 2011.

3. Period I is a period of six years commencing on the effective date of these licences. The interest owners shall commence the drilling of the well within Period I, and diligently pursue such drilling thereafter, as a condition precedent to obtaining tenure during Period II.

4. The interest owners may at their option extend Period I from six years to seven years by providing to the Board before the end of the sixth year of Period I either

  • (i) a description of 50% of contiguous Licence Lands to be surrendered together with a refundable drilling deposit of $1,000,000, or
  • (ii) a $5,000,000 refundable drilling deposit.

If a drilling deposit is posted in accordance with (i) or (ii) above, it will be refunded in full if the Licence is validated for Period II by the drilling of a well on that licence. No interest will be paid on the drilling deposit.

If a validation well is not drilled, the drilling deposit will be forfeited to the Receiver General for Canada upon the termination of the Licence at the end of Period I. Allowable Expenditures cannot be applied against the drilling deposit.

5. Upon the expiration of Period II, there shall be a deemed surrender of the interest except as it relates to the lands or any portion thereof subject to a significant discovery licence, or a production licence.

6. The interest owners for the above exploration licences were required to provide the following security deposits in the form of a promissory note satisfactory to the Board:

Exploration Licence

Security Deposit

1123

$18,786,750

1124

$5,011,750

A credit against the deposit will be made following each anniversary date of each respective exploration licence on the basis of 25% of allowable expenditures. Any deposit balance remaining at the end of Period I, or following the termination of a well commenced and being pursued diligently but not terminated within Period I, or upon the surrender of rights, will be forfeited.

7. For each licence, rentals will be applicable only in Period II at a rate of $5.00 per hectare in respect of the first year and increasing thereafter by $2.50 per hectare per year, up to and including the third year.

8. Other terms and conditions referred to in the licences include provisions respecting Significant Discoveries, Allowable Expenditures, Indemnity, Liability, Successors and Assigns, Notice, Waiver and Relief, Appointment of Representative, and Agreement by Interest Owners.

9. For the payment of a prescribed service fee, the exploration licences may be inspected or, by written request, certified copies made available at the following address: Office of the Registrar, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, 5th Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6, 709-778-1400.

January 2011

MAX RUELOKKE, P.Eng.
Chairman and Chief Executive Officer

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CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

Call for Bids No. NL10-03

The Canada-Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of the terms and conditions of the interests issued as a result of Call for Bids No. NL10-03. The bids selected, and the information contained on the prescribed bid forms, were published in the CanadaGazette, Part I, on December 25, 2010.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2.

Significant Discovery Licence 1048 was issued to the following interest owners:

Significant Discovery Licence

Interest Owners

Ownership %

1048

Statoil Canada Ltd.

65.00%

 

Husky Oil Operations Limited

35.00%

The following is a summary of the terms and conditions of the above significant discovery licences:

1. The significant discovery licence confers

  • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;
  • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and
  • (c) the exclusive right, subject to compliance with the other provisions of the Act, to obtain a production licence.

2. The significant discovery licence was issued effective January 15, 2011.

3. For this licence, rentals will be in accordance with the Board’s escalating rental regime for significant discovery licences.

4. Other terms and conditions referred to in the licences include provisions respecting Allowable Expenditures, Indemnity, Liability, Successors and Assigns, Notice, Waiver and Relief, Appointment of Representative, and Agreement by Interest Holders.

5. For the payment of a prescribed service fee, the significant discovery licence may be inspected or, by written request, certified copies made available at the following address: Office of the Registrar, Canada-Newfoundland and Labrador Offshore Petroleum Board, TD Place, 5th Floor, 140 Water Street, St. John’s, Newfoundland and Labrador A1C 6H6, 709-778-1400.

January 2011

MAX RUELOKKE, P.Eng.
Chairman and Chief Executive Officer

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Quality control, testing, inspection and technical representative services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2010-084) from Det Norske Veritas (Canada) Ltd. (DNV), of Montréal, Quebec, concerning a procurement (Solicitation No. W847S-100009/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. This is a Solicitation of Interest and Qualification (SOIQ) for classification society technical support. 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 complaint.

DNV alleges that PWGSC improperly evaluated its SOIQ response.

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, January 28, 2011

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Maintenance, repair, modification, rebuilding and installation of goods/equipment

Notice is hereby given that the Canadian International Trade Tribunal (the Tribunal) issued an order on February 2, 2011, with respect to a complaint (File No. PR-2010-081) filed by Tyco International of Canada, operating as SimplexGrinnell, of Mississauga, Ontario, concerning a procurement (Solicitation No. 10-22109) by the National Research Council of Canada. The solicitation was for the provision of services to upgrade the central fire alarm monitoring system.

Pursuant to subsection 30.13(5) of the Canadian International Trade TribunalAct, the Tribunal has ceased its inquiry into the complaint and terminated all proceedings relating thereto.

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, February 4, 2011

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 J8X 4B1, 819-997-2429 (telephone), 819-994-0218 (fax);

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

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

— 858 Beatty Street, Suite 290, Vancouver, British Columbia V6B 1C1, 604-666-2111 (telephone), 604-666-8322 (fax);

— 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone);

— 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone);

— 2220 12th Avenue, Suite 620, Regina, Saskatchewan S4P 0M8, 306-780-3422 (telephone);

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

The toll-free telephone numbers for all offices of the Commission are the following: 1-877-249-2782 and 1-877-909-2782 (TDD).

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

NOTICE OF CONSULTATION 2011-58

Call for comments on the addition of SIC Noticias to the lists of eligible satellite services for distribution on a digital basis

The Commission calls for comments on a request by Cogeco Cable Inc. (Cogeco) for the addition of SIC Noticias to the lists of eligible satellite services for distribution on a digital basis. Comments on Cogeco’s request must be received by the Commission no later than March 2, 2011. A copy of the comments must be received by Cogeco no later than the deadline for receipt of comments by the Commission. Parties submitting comments on the requests should also submit a true copy of their comments to the Canadian sponsor, Cogeco.

Cogeco may file a written reply to any comments received concerning its request. This reply should be filed with the Commission, and a copy sent to the person who submitted the comments, by no later than March 17, 2011.

January 31, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-62

Notice of applications received
Various locations
Deadline for submission of interventions and/or comments: February 21, 2011

The Commission has received the following applications:

1. TVA Group Inc.
Saguenay (Chicoutimi Borough), Quebec

Application to amend the broadcasting licence for the French-language conventional television station CJPM-TV Saguenay (Chicoutimi Borough).

2. Canadian Broadcasting Corporation
Saguenay (Jonquière Borough), Quebec

Application to amend the broadcasting licence for the French-language conventional television station CKTV-TV Saguenay (Jonquière Borough).

February 1, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-65

Call for comments on a consolidated list of eligible satellite services

The Commission calls for comments on a consolidated list of satellite services to be authorized for analog and digital distribution. The deadline for filing written comments is March 4, 2011. Parties may file replies to any of the comments received by March 21, 2011.

February 2, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-66

Call for comments on a revised distribution order for the Cable Public Affairs Channel and the House of Commons programming service

The Commission calls for comments on proposed amendments to Distribution of the public affairs programming service of Cable Public Affairs Channel Inc. known as CPAC by persons licensed to carry on certain types of broadcasting distribution undertakings, Distribution Order 2006-1, set out in Appendix I to Broadcasting Public Notice CRTC 2006-5.

These amendments reflect determinations the Commission made in Broadcasting Public Notice 2008-100, that it would remove the current requirement that broadcasting distribution undertakings distribute the House of Commons programming service from the Broadcasting Distribution Regulations and incorporate this requirement into the distribution order. The deadline for filing written comments is March 7, 2011.

February 3, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2010-931-1

Call for comments on amendments to the Broadcasting Distribution Regulations

The Commission extends the deadline for filing comments to February 16, 2011.

February 4, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-59

Standard requirements for video-on-demand undertakings

The policy establishes standard conditions of licence, expectations and an encouragement that will apply to new video-on-demand undertakings, including services under consideration by the Commission whose applications have not been published as of the date of this policy. The Commission also intends to apply these requirements to existing licensees at their licence renewal.

January 31, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

INFORMATION BULLETIN 2011-63

Applications processed pursuant to streamlined procedures

In the information bulletin, the Commission sets out lists of applications that did not require a public process and that it processed from September 1 to October 31, 2010, pursuant to its streamlined procedures. These applications involve transfers of ownership and changes in the effective control of broadcasting undertakings, as well as applications for licence amendments or extensions of deadlines.

February 1, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ORDER 2011-60

Exemption order for small video-on-demand undertakings

The Commission sets out an exemption order for small video-on-demand (VOD) undertakings that are owned and operated by a party that does not hold a broadcasting distribution undertaking (BDU) licence, that is not an affiliate of a party that holds a BDU licence and that only provides VOD services using the facilities of exempt BDUs.

The exemption order set out in the appendix to the document comes into effect immediately. Licensed VOD undertakings that consider their operations to be eligible for exemption under the order should submit applications for the revocation of their licence.

January 31, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISION

The complete text of the decision summarized below is available from the offices of the CRTC.

2011-68 February 4, 2011

Corus Audio & Advertising Services Ltd.
British Columbia, Alberta, Saskatchewan and Manitoba

Denied — Application for a broadcasting licence to operate LOCAL1, a regional, English-language Category 2 specialty service.

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Encana Corporation

By an application dated February 9, 2011, Encana Corporation (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 5 000 000 MWh of combined firm and interruptible energy annually for a period of 10 years. The Applicant, or its affiliates, has an interest in the following generation facilities in Canada: 110 MW Cavalier, generating unit located in Alberta and 110 MW Balzac, generating unit located in Alberta.

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 1800–855 2nd Street SW, Calgary, Alberta T2P 2S5, Attention: Rinde Powell, 403-645-6688 (telephone), 403-645-3938 (fax), rinde.powell@encana.com (email), 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, or online at www.neb-one.gc.ca.

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 17, 2011.

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 April 1, 2011.

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

ANNE-MARIE ERICKSON
Secretary

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PATENTED MEDICINE PRICES REVIEW BOARD

PATENT ACT

Order

In the matter of the Patent Act, R.S.C. 1985, c. P-4, as amended

And in the matter of sanofi-aventis Canada Inc. (the “Respondent”) and the medicine “Penlac Nail Lacquer”

Pursuant to the provisions of section 83 of the Patent Act, the Patented Medicine Prices Review Board (the “Board”) issued a Notice of Hearing on March 26, 2007, to determine whether sanofi-aventis Canada Inc. is selling or has sold the patented medicine Penlac Nail Lacquer in any market in Canada at a price that is or was excessive and if so, what order, if any, should be made.

Upon conducting its hearing and in accordance with the Reasons of the Board issued January 31, 2011, the Board orders as follows:

  • (a) The maximum non-excessive (MNE) prices of Penlac in Canada for the period July 29, 2004, to April 16, 2008, inclusively, shall be as follows:

REPORTING PERIOD

MNE

July–December 2004

$7.4070

January–December 2005

$7.5700

January–December 2006

$7.7255

January–December 2007

$7.8885

January–April 2008

$8.0696

  • (b) sanofi-aventis shall pay to Her Majesty in right of Canada, within 30 days of the date of this Order, on or before March 3, 2011, the sum of $9,409,074.36 to offset excess revenues for Penlac to April 16, 2008.

January 31, 2011

DR. BRIEN G. BENOIT
MARY CATHERINE LINDBERG
ANNE WARNER LA FOREST
Board Members

GORDON CAMERON
Board Counsel

SYLVIE DUPONT
Secretary of the Board

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