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Vol. 145, No. 12 — March 19, 2011

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) and 149.1(4.1)(c) of the Income Tax Act, that I propose to revoke the registration of the organization listed below and that the revocation of the registration is effective on the date of publication of this notice.”

Business Number

Name/Address

896414927RR0001

INDO-CANADIAN CHARITABLE FOUNDATION, MISSISSAUGA, ONT.

CATHY HAWARA
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2010-024

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., at the Federal Court, Courtroom No. 701, 7th Floor, 701 West Georgia Street, Vancouver, British Columbia. 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

Disco-Tech Industries Inc. v. President of the Canada Border Services Agency

Date of Hearing: April 11, 2011

Appeal No.: AP-2009-078

Goods in Issue: Magazines for holding 20 cartridges of ammunition

Issue: Whether the goods in issue are properly classified under tariff item No. 9898.00.00 as prohibited devices, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9305.29.90 as parts and accessories of articles of heading Nos. 93.01 to 93.04, as claimed by Disco-Tech Industries Inc.

Tariff Items at Issue: Disco-Tech Industries Inc.—9305.29.90 President of the Canada Border Services Agency—9898.00.00

Customs Act

Disco-Tech Industries Inc. v. President of the Canada Border Services Agency

Date of Hearing: April 12, 2011

Appeal No.: AP-2009-081

Goods in Issue: Norinco Type T97A 223 REM automatic rifles; magazines for holding ammunition

Issue: Whether the goods in issue (rifles and cartridge magazines) are properly classified under tariff item No. 9898.00.00 as prohibited firearms and devices respectively, as determined by the President of the Canada Border Services Agency, or whether the rifles should be classified under tariff item No. 9303.30.90 as other rifles, and the cartridge magazines, under tariff item No. 9305.29.90 as parts and accessories of articles of heading Nos. 93.01 to 93.04, as claimed by Disco-Tech Industries Inc.

Tariff Items at Issue: Disco-Tech Industries Inc.—9303.30.90; 9305.29.90 President of the Canada Border Services Agency — 9898.00.00

Customs Act

R. A. Hayes v. President of the Canada Border Services Agency

Date of Hearing: April 13, 2011

Appeal No.: AP-2010-016

Goods in Issue: Articles of clothing

Issue: Whether the goods in issue are properly classified under tariff item No. 9897.00.00 as goods manufactured or produced wholly or in part by prison labour and therefore prohibited from importation into Canada, as determined by the President of the Canada Border Services Agency.

Tariff Item at Issue: President of the Canada Border Services Agency — 9897.00.00

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

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

Date of Hearing: April 14, 2011

Appeal No.: AP-2010-024

Goods in Issue: Ceiling-mounted recessed lighting fixtures (Series HIC03 and HIC04, and Model No. HR-04-GU)

Issue: Whether the goods in issue are properly classified under tariff item No. 9405.10.00 as chandeliers and other electric ceiling or wall lighting fittings, excluding those of a kind used for lighting public open spaces or thoroughfares, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8537.10.99 as other boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading No. 85.35 or 85.36, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading No. 85.17, for a voltage not exceeding 1 000 V, or, in the alternative, tariff item No. 8536.61.00 as lamp-holders, as claimed by Ulextra Inc.

Tariff Items at Issue: Ulextra Inc.—8537.10.99 or 8536.61.00
President of the Canada Border Services Agency — 9405.10.00

March 11, 2011

By order of the Tribunal
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 2011-164

Call for comments on the proposed addition of Masala Television to the lists of eligible satellite services for distribution on a digital basis

The Commission calls for comments on a request by Ethnic Channels Group Limited (ECGL) for the addition of Masala Television to the lists of eligible satellite services for distribution on a digital basis. Parties submitting comments on the request should also submit a true copy of their comments to the Canadian sponsor, ECGL.

Comments on ECGL’s requests must be received by the Commission no later than April 7, 2011. A copy of the comments must be received by ECGL no later than the deadline for receipt of comments by the Commission.

Ethnic Channels Group Limited 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 April 22, 2011.

March 8, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-165

Notice of application received

Halifax, Dartmouth, Bedford, Sackville and Sydney, Nova Scotia; Saint John, Moncton, Fredericton and Bathurst, New Brunswick; Summerside and Charlottetown, Prince Edward Island; and St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador
Deadline for submission of interventions and/or comments: April 13, 2011

The Commission has received the following application:

1. Bell Aliant Regional Communications Inc. (the general partner), as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
Halifax, Dartmouth, Bedford, Sackville and Sydney, Nova Scotia; Saint John, Moncton, Fredericton and Bathurst, New Brunswick; Summerside and Charlottetown, Prince Edward Island; and St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador.

 Application to amend the broadcasting licence for the regional Class 1 broadcasting distribution undertaking serving various municipalities in the Atlantic provinces.

March 9, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-173

Call for comments on amendments to the Radio Regulations, 1986

The Commission calls for comments on amendments to the Radio Regulations, 1986 to come into effect on September 1, 2011. These amendments reflect determinations made by the Commission in its proceeding on the regulatory framework for campus and community radio. The deadline for the receipt of comments is April 11, 2011.

March 11, 2011

REGULATIONS AMENDING THE RADIO REGULATIONS, 1986

AMENDMENTS

1. (1) The definition “Type A community station” in section 2 of the Radio Regulations, 1986 (see footnote 1) is repealed.

(2) The definitions “content category” and “content subcategory” in section 2 of the Regulations are replaced by the following:

“content category” means a content category of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (catégorie de teneur)

“content subcategory” means a content subcategory of broadcast matter that is described in the appendix to Broadcasting Regulatory Policy 2010-819, dated November 5, 2010 and entitled Revised content categories and subcategories for radio; (sous-catégorie de teneur)

2. (1) Subsection 2.2(3) of the Regulations is replaced by the following:

(3) Except as otherwise provided under a condition of its licence, an A.M. licensee, F.M. licensee or digital radio licensee shall devote, in a broadcast week,

(a) if the licensee is licensed to operate a community station or campus station, at least 15% of its musical selections from content category 3 to Canadian selections broadcast in their entirety; or

(b) if the licensee is licensed to operate a station other than a community station or campus station, at least 10% of its musical selections from content category 3 to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

(2) Subsection 2.2(8) of the Regulations is replaced by the following:

(8) Except as otherwise provided under a condition of its licence that refers expressly to this subsection and subject to subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee shall devote, in a broadcast week,

(a) if the licensee is licensed to operate a commercial station, at least 35% of its musical selections from content category 2 to Canadian selections broadcast in their entirety; or

(b) if the licensee is licensed to operate a community station or campus station, at least 40% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

(3) Subsection 2.2(14) of the Regulations is repealed.

3. Subsection 7(4) of the Regulations is replaced by the following:

(4) Despite subsection (3), an A.M. licensee, F.M. licensee or digital radio licensee that is licensed to operate a community station or campus station may devote

(a) if it is broadcasting in a market where there is no ethnic station, up to 40% of a broadcast week to third language programs; or

(b) if it is broadcasting in a market where there is at least one ethnic station, except as otherwise provided by a condition of its licence, up to 15% of a broadcast week to third language programs.

4. Subparagraph 9(3)(b)(iv) of the Regulations is replaced by the following:

(iv) any content category 3 musical selection, and

5. Subsection 15(4) of the Regulations is replaced by the following:

(4) Except as otherwise provided under a condition of its licence, the licensee whose total revenues are $1,250,000 or less shall make at least 60% of the contribution referred to in subsection (2) to FACTOR or MUSICACTION. However, if the licensee is licensed to operate an ethnic station or spoken word station, the licensee may instead make that percentage of the contribution to any eligible initiative that supports the creation of ethnic programs or programming from content category 1, as the case may be.

(5) Except as otherwise provided under a condition of its license, a licensee whose total revenues are more than $1,250,000 shall make

(a) at least 15% of the contribution referred to in subsection (2) to the Community Radio Fund of Canada; and

(b) at least 45% of the contribution referred to in subsection (2) to FACTOR or MUSICACTION; however, if the licensee is licensed to operate an ethnic station or spoken word station, the licensee may instead make that percentage of the contribution to any eligible initiative that supports the creation of ethnic programs or programming from content category 1, as the case may be.

COMING INTO FORCE

6. These Regulations come into force on September 1, 2011.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-174

Call for comments on requirements related to Canadian content and volunteer participation for campus and community radio

The Commission calls for comments on

  • increasing the minimum level of Canadian musical selections that campus and community radio stations must play; and
  • whether to impose requirements on such stations related to the involvement of volunteers in station operations and in the production of programming.

The deadline for the receipt of comments is April 20, 2011.

March 11, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-175

Addition of five non-Canadian Urdu-language services and one non-Canadian English-language service to the lists of eligible satellite services for distribution on a digital basis

The Commission approves requests to add five non-Canadian Urdu-language services and one non-Canadian English-language service to the lists of eligible satellite services for distribution on a digital basis and amends the lists accordingly. The revised lists are available on the Commission’s Web site at www.crtc.gc.ca, under “Broadcasting Sector.”

March 11, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ORDER 2011-176

Amendments to the Exemption order for low-power radio programming undertakings providing information about traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists

The Commission amends the Exemption order for low-power radio programming undertakings providing information about traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists (the Exemption order). More specifically, the Commission modifies criterion 3 of the Exemption order in order to allow provincial and municipal governments to operate an undertaking subject to the Exemption order.

March 11, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2011-158 March 7, 2011

The Ontario Educational Communications Authority
Toronto and London, Ontario

Approved — Application to amend the broadcasting licence for the television station CICA-TV Toronto to add a post-transition digital rebroadcasting transmitter to serve the population of London.

2011-159 March 7, 2011

Newfoundland Broadcasting Company Limited
St. John’s, Newfoundland and Labrador

Approved — Application to amend the broadcasting licence for the television station CJON-TV St. John’s to add a post-transition digital transmitter to serve the population of St. John’s.

2011-160 March 7, 2011

Complaint regarding the broadcast of Bully Beatdown on MTV Canada

The Commission finds that the licensee of MTV Canada did not breach the Canadian Association of Broadcasters’ Violence Code by broadcasting the episode of Bully Beatdown in question, and that there is no evidence that this episode should be broadcast only after the watershed hour of 9 p.m.

2011-163 March 7, 2011

BCE Inc.
Across Canada

Approved — Application for authority to change the effective control of CTVgm’s licensed broadcasting subsidiaries to BCE.

2011-166 March 10, 2011

Norwesto Communications Ltd.
Vermilion Bay, Dryden, Kenora and Sioux Lookout, Ontario

Renewed — Broadcasting licence for the radio station CKQV-FM Vermilion Bay and its transmitters CKQV-FM-1 Dryden, CKQV-FM-2 Kenora and CKQV-FM-3 Sioux Lookout, from April 1, 2011, to August 31, 2011.

2011-167 March 10, 2011

Mitchell Seaforth Cable T.V. Ltd.
Dublin, Ontario

Approved — Application to revoke the licence for the regional video-on-demand service authorized to serve the region of Dublin.

2011-168 March 10, 2011

CityWest Cable (North) Corp.
Prince Rupert, British Columbia

Approved — Application to revoke the licence for the regional video-on-demand service authorized to serve the region of Prince Rupert.

2011-169 March 10, 2011

Hay Communications Co-operative Limited
Zurich (Ontario)

Approved — Application to revoke the licence for the regional video-on-demand service authorized to serve the region of Zurich.

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PARKS CANADA AGENCY

SPECIES AT RISK ACT

Description of critical habitat of Bolander’s Quillwort in Waterton Lakes National Park of Canada

Bolander’s Quillwort (Isoetes bolanderi) is a species listed on Schedule 1 to the Species at Risk Act as threatened. Bolander’s Quillwort is an aquatic plant that is known to occur at only three sites in Canada; these sites are entirely within Waterton Lakes National Park of Canada. Critical habitat for Bolander’s Quillwort is identified in the Recovery Strategy and Action Plan for Bolander’s Quillwort (Isoetes bolanderi) in Canada.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, critical habitat of Bolander’s Quillwort in Waterton Lakes National Park of Canada is located within the following three sites, save and except any existing anthropogenic features that occur in these areas, such as trails. Critical habitat parcel numbers are based on the unique Committee on the Status of Endangered Wildlife in Canada (COSEWIC) species identification number for Bolander’s Quillwort (243), and parcel number. All coordinates below refer to the North American Datum of 1983, UTM Zone 11. Further details regarding critical habitat (including maps) can be found in the Recovery Strategy and Action Plan for Bolander’s Quillwort (Isoetes bolanderi) in Canada, posted on the Species at Risk Public Registry Web site.

Within the identified geographical boundaries, the biophysical attributes of critical habitat include the following: open, unshaded areas with cool, relatively wet climates and a short growing season (< 60 days), within the Upper Subalpine Ecoregion and between elevations of 1 950 and 2 100 m; lightly- or un-glaciated upper subalpine ponds (< 2 m deep); high water quality (clear, oligotrophic) that supports little or no vegetation other than Bolander’s Quillwort and that has a pH of approximately 7.3 to 9.1; and moist growing substrate (3 to 14 cm layer of silt and silty-sand on top of coarser sand), likely with a pH of less than 7.3. Critical habitat is identified as the body of water and the adjacent natural landscape approximately 10 m beyond the high water mark within each of the following parcels.

Parcel 243_1 (Summit Lake population)

Being all that parcel of land in the Southeast Quarter of Section 2, Township 1, Range 1, West of the 5th Meridian,

Commencing at a point at Northing 717392 metres and Easting 5432466 metres;

Thence, 30° in a straight line to a point at Northing 717480 metres and Easting 5432619 metres;

Thence, 99° in a straight line to a point at Northing 717588 metres and Easting 5432602 metres;

Thence, 145° in a straight line to a point at Northing 717647 metres and Easting 5432518 metres;

Thence, 186° in a straight line to a point at Northing 717636 metres and Easting 5432416 metres;

Thence, 282° in a straight line to the point of commencement.

Parcel 243_2 (Upper Boundary Creek Pond population)

Being all that parcel of land in the Northeast Quarter of Section 5, Township 1, Range 30, West of the 4th Meridian,

Commencing at a point at Northing 721150 metres and Easting 5432844 metres;

Thence, 118° in a straight line to a point at Northing 721265 metres and Easting 5432784 metres;

Thence, 206° in a straight line to a point at Northing 721231 metres and Easting 5432713 metres;

Thence, 297° in a straight line to a point at Northing 721111 metres and Easting 5432775 metres;

Thence, 30° in a straight line to the point of commencement.

Parcel 243_3 (Lower Boundary Creek Pond population)

Being all that parcel of land in the Northwest, Southwest and Southeast Quarters of Section 5, Township 1, Range 30, West of the 4th Meridian,

Commencing at a point at Northing 721291 metres and Easting 5432978 metres;

Thence, 135° in a straight line to a point at Northing 721384 metres and Easting 5432884 metres;

Thence, 220° in a straight line to a point at Northing 721352 metres and Easting 5432846 metres;

Thence, 309° in a straight line to a point at Northing 721247 metres and Easting 5432931 metres;

Thence, 43° in a straight line to the point of commencement.

February 21, 2011

DAVE MCDONOUGH
Superintendent
Waterton Lakes Field Unit

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Footnote 1
SOR/86-982