ARCHIVED — Vol. 146, No. 14 — April 7, 2012

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COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF ORDER

Bicycles

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review (Expiry Review No. RR-2011-002) of its order made on December 10, 2007, in Expiry Review No. RR-2006-001, continuing, with amendment, its order made on December 9, 2002, in Expiry Review No. RR-2002-001, continuing, with amendment, its order made on December 10, 1997, in Review No. RR-97-003, continuing, with amendment, its finding made on December 11, 1992, in Inquiry No. NQ-92-002, concerning the dumping of bicycles, assembled or unassembled, with wheel diameters of 16 inches (40.64 cm) and greater, originating in or exported from Chinese Taipei and the People’s Republic of China, excluding bicycles with an FOB Chinese Taipei or People’s Republic of China selling price exceeding CAN$225 and excluding bicycles with foldable frames and stems (the subject goods).

Notice of Expiry No. LE-2011-002, issued on February 7, 2012, informed interested persons and governments of the impending expiry of the order. On the basis of the information filed, the Tribunal is of the opinion that an expiry review of the order is warranted. The Tribunal has notified the Canada Border Services Agency (CBSA), as well as other interested persons and governments, of its decision.

The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca. In this expiry review, the CBSA must determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods.

If the CBSA determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping, the CBSA will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an expiry review to determine if the continued or resumed dumping is likely to result in injury or retardation. The Tribunal will issue its order no later than December 7, 2012, and its statement of reasons no later than December 21, 2012.

If the CBSA determines that the expiry of the order in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of injury or retardation and will issue an order rescinding the order with respect to those goods.

The CBSA must provide notice of its determination within 120 days after receiving notice of the Tribunal’s decision to initiate an expiry review, that is, no later than July 26, 2012. The CBSA will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the CBSA’s investigation.

Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the CBSA’s investigation and the Tribunal’s expiry review, should the CBSA determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping.

CBSA’s investigation

The CBSA will conduct its investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Anti-dumping and Countervailing Directorate’s publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the CBSA by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where a submission is confidential, a non-confidential edited version or summary of the submission must also be provided which will be disclosed to interested parties upon request.

With respect to the CBSA’s investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the CBSA exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. Further information regarding the CBSA’s investigation can be obtained by contacting the CBSA officer as mentioned below.

Tribunal’s expiry review

Should the CBSA determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping, the Tribunal will conduct its expiry review, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of injury or retardation. The schedule for the Tribunal’s expiry review specifies, among other things, the date for the filing of replies by domestic producers to Part E of the expiry review questionnaire, the date for the filing of updated information from domestic producers, importers and exporters to the expiry review questionnaire replies, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation and the dates for the filing of submissions by interested parties.

The Tribunal’s Guide to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca, describes the procedure for filing requests for specific product exclusions. This Guide also includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the order shall be filed by interested parties no later than noon on September 19, 2012. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon on September 26, 2012. Should a request for a specific product exclusion be opposed, and if the interested party wishes to reply, it must do so no later than noon on October 4, 2012.

Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why the information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.

Public hearing

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal’s Hearing Room No. 1, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing October 15, 2012, at 9:30 a.m., to hear evidence and representations by interested parties.

Each interested person or government wishing to participate at the hearing as a party must file a notice of participation with the Secretary on or before August 9, 2012. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before August 9, 2012.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file their notice, whether they and their witnesses will be using English or French or both languages at the hearing.

The Canadian International Trade Tribunal Rules govern these proceedings.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Communication

Requests for information, written submissions and correspondence regarding the CBSA’s investigation should be addressed to Mr. Brian Hodgson, Canada Border Services Agency, Anti-dumping and Countervailing Directorate, 11th Floor, 100 Metcalfe Street, Ottawa, Ontario K1A 0L8, 613-954-7237 (telephone), 613-954-2510 (fax), Brian.Hodgson@cbsa-asfc.gc.ca (email).

A copy of the CBSA’s investigation schedule and expiry review investigation guidelines are available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html.

Written submissions, correspondence and requests for information regarding the Tribunal’s expiry review 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).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The information is fully encrypted from the sender to the Tribunal.

Parties must still file paper copies in the required number as instructed. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.

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

Ottawa, March 28, 2012

DOMINIQUE LAPORTE
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its Web site the decisions, notices of consultation and regulatory policies that it publishes, as well as information bulletins and orders. On April 1, 2011, the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure came into force. As indicated in Part 1 of these Rules, some broadcasting applications are posted directly on the Commission’s Web site, www.crtc.gc.ca, under “Part 1 Applications.”

To be up to date on all ongoing proceedings, it is important to regularly consult “Today’s Releases” on the Commission’s Web site, which includes daily updates to notices of consultation that have been published and ongoing proceedings, as well as a link to Part 1 applications.

The following documents are abridged versions of the Commission’s original documents. The original documents contain a more detailed outline of the applications, including the locations and addresses where the complete files for the proceeding may be examined. These documents are posted on the Commission’s Web site and may also be examined at the Commission’s offices and public examination rooms. Furthermore, all documents relating to a proceeding, including the notices and applications, are posted on the Commission’s Web site under “Public Proceedings.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICES OF CONSULTATION

2012-182 March 27, 2012

Notice of application received

Fredericton and surrounding areas, Moncton and Saint John, New Brunswick; St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador; and Halifax, Dartmouth, Bedford and Sackville, Nova Scotia
Deadline for submission of interventions, comments and/or answers: May 1, 2012

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
Fredericton and surrounding areas, Moncton and Saint John, New Brunswick; St John’s, Paradise and Mount Pearl, Newfoundland and Labrador; and Halifax, Dartmouth, Bedford and Sackville, Nova Scotia

Application to renew the regional broadcasting licence for its terrestrial broadcasting distribution undertakings serving the above-noted locations, expiring August 31, 2012, as well as to amend and to delete certain conditions of licence.

2012-185 March 29, 2012

Call for comments on amendments to the Specialty Services Regulations, 1990 in regard to the definition of “commercial message,” and on amendments to the Broadcasting Distribution Regulations in regard to the definition of “demarcation point”

The Commission calls for comments on proposed amendments to the definition of “commercial message” set out in the Specialty Services Regulations, 1990 that would clarify that non-traditional advertising does not fall within the maximum number of advertising minutes that may be broadcast on specialty services.

The Commission also calls for comments on proposed amendments to the definition of “demarcation point” set out in the Broadcasting Distribution Regulations that would permit access by subscribers and competing broadcasting distribution undertakings to inside wire in commercial and institutional properties.

The deadline for the receipt of comments is April 30, 2012.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE
UNDER THE BROADCASTING ACT

SPECIALTY SERVICES REGULATIONS, 1990

1. The definition “commercial message” in section 2 of the Specialty Services Regulations, 1990 is replaced by the following:

“commercial message” means an advertisement that is intended to sell or promote goods, services, natural resources or activities, including an advertisement that mentions or displays in a list of prizes the name of the person selling or promoting the goods, services, natural resources or activities, and that is broadcast in a break within a program or between programs; (message publicitaire)

BROADCASTING DISTRIBUTION REGULATIONS

2. (1) Subparagraph (a)(ii) of the definition “demarcation point” in section 1 of the Broadcasting Distribution Regulations is replaced by the following:

(ii) any point to which the licensee and the customer or subscriber have agreed; and

(2) Subparagraph (b)(ii) of the definition “demarcation point” in section 1 of the Regulations is replaced by the following:

(ii) any point to which the licensee and the customer or subscriber have agreed. (point de démarcation)

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY

2012-183 March 28, 2012

Electronic Commerce Protection Regulations (CRTC)

The Commission announces that, following a public process, it has made the Electronic Commerce Protection Regulations (CRTC) [the Regulations] set out in the Appendix to the decision. The Regulations prescribe the form and certain information to be included in commercial electronic messages (CEMs), and requests for consent with respect to the sending of CEMs, the alteration of transmission data in electronic messages, and the installation of computer programs. The Regulations are made pursuant to legislation which gives the Commission the power to regulate certain forms of electronic contact. The Regulations will come into force on the day on which sections 6 to 11 and subsection 64(2) of the Act come into force.

The Regulations were published in the Canada Gazette, Part Ⅱ, Vol. 146, No. 7, on March 28, 2012.

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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.

2012-180 March 26, 2012

Radio communautaire Cornwall-Alexandria Inc.
Cornwall, Ontario

Approved — Application to change the authorized contours of the French-language community radio station CHOD-FM Cornwall.

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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 has granted permission, pursuant to subsection 115(2) of the said Act, to John Peter Brown, IM/IT Technician (CS-01), Workstation and Tools, End User Services, Innovation, Information and Technology Branch, Human Resources and Skills Development Canada, Saint John, New Brunswick, to be a candidate, before and during the election period, for the position of Councillor for the City of Saint John, New Brunswick, in a municipal election to be held on May 14, 2012.

March 28, 2012

KATHY NAKAMURA
Director General
Political Activities Directorate

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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 has granted permission, pursuant to subsection 115(2) of the said Act, to Kevin Ronald Rossiter, Maintenance Worker II (GL-MAN-03), Southern New Brunswick Field Unit, Fundy National Park, Parks Canada Agency, Alma, New Brunswick, to be a candidate, before and during the election period, for the positions of Councillor and Deputy Mayor for the Village of Riverside-Albert, New Brunswick, in a municipal election to be held on May 14, 2012.

March 26, 2012

KATHY NAKAMURA
Director General
Political Activities Directorate

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