ARCHIVED — Vol. 146, No. 30 — July 28, 2012

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COMMISSIONS

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 168(1)(e), subsection 149.1(2), and paragraph 149.1(2)(b) 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

874222540RR0001

CANADIAN BURN FOUNDATION, EDMONTON, ALTA.

CATHY HAWARA
Director General
Charities Directorate

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CANADA-NOVA SCOTIA OFFSHORE PETROLEUM BOARD

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

Cancellation Order

WHEREAS the interest owner of Exploration Licence (EL) 2419 has failed to meet the requirements of sections 4(b) and 5(a) of EL 2419;

AND WHEREAS the Board gave a compliance notice to the interest owner for EL 2419 in accordance with subsection 126 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28, and subsection 125 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 1987, c. 3.;

AND WHEREAS the interest owner of EL 2419 failed to meet the requirements of Board’s compliance notice by the April 24, 2012 deadline;

AND WHEREAS in accordance with subsection 127(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28, and subsection 126(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 1987, c. 3, the Board gave notice in writing on April 25, 2012 to persons the Board considers to be directly affected by the proposed cancellation of EL 2419 advising that any person directly affected by the proposed decision may make a written request to the Board no later than June 1, 2012, for a hearing by the Oil and Gas Committee;

AND WHEREAS no directly affected party to whom a notice was sent requested a hearing before the Oil and Gas Committee;

AND WHEREAS at a June 4, 2012 Board meeting the Board resolved to make an Order pursuant to subsection 126(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28, and subsection 125(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 1987, c. 3.

NOW THEREFORE this Board hereby orders that EL 2419 is cancelled and the $50,000 Licence Deposit is forfeited to the Receiver General for Canada.

July 5, 2012

STUART PINKS, P.Eng.
Chief Executive Officer

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2012-007

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, 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

Marmen Énergie Inc. and Marmen Inc. v. President of the Canada Border Services Agency

Date of Hearing: August 23, 2012

Appeal Nos.: AP-2011-057 and AP-2011-058

Goods in Issue: Various items used in the manufacture of towers.

Issue: Whether the goods in issue are entitled to the benefit of tariff item No. 9903.00.00 as articles and materials that enter into the cost of manufacture or repair of, and articles for use in, windmills, as claimed by Marmen Énergie Inc. and Marmen Inc.

Tariff Item at Issue: 9903.00.00

Special Import Measures Act

Anchorman Fasteners Ltd. and UCAN Fastening Products v. President of the Canada Border Services Agency

Date of Hearing: August 28, 2012

Appeal Nos.: AP-2011-044 and AP-2011-045

Goods in Issue: Certain screws

Issues: Whether the goods in issue are goods of the same description as the goods to which the Tribunal’s findings in Inquiry No. NQ-2004-005 apply and whether the normal values of the goods in issue have been properly determined pursuant to subsection 29(1) of the Special Import Measures Act.

The Canadian International Trade Tribunal (the Tribunal) has decided, pursuant to rule 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeal listed hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal at 613-998-9908.

Excise Tax Act

Fonds d’Emprunt communautaire GIM v. Minister of National Revenue

Date of Hearing: August 30, 2012

Appeal No.: AP-2011-062

Issue: Whether the appellant is entitled to a refund of excise tax on fuel claimed for the period from December 15, 2007, to December 15, 2009.

July 20, 2012

By order of the Tribunal
GILLIAN BURNETT
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

Unitized wall modules

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), the Tribunal has initiated a preliminary injury inquiry (Preliminary Injury Inquiry No. PI-2012-004) to determine whether the evidence discloses a reasonable indication that the dumping and subsidizing of unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies, originating in or exported from the People’s Republic of China (the subject goods), have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA.

The Tribunal’s preliminary injury inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the preliminary injury inquiry must file a notice of participation with the Secretary on or before August 1, 2012. Each counsel who intends to represent a party in the preliminary injury inquiry must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before August 1, 2012.

Submissions by parties opposed to the complaint must be filed not later than noon, on August 16, 2012. The complainants may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on August 24, 2012. At that time, parties in support of the complaint may also make submissions to the Tribunal. All submissions must be filed with the Tribunal in 25 copies.

In accordance with 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, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a version or summary cannot be made.

Written submissions, correspondence and requests for information regarding this notice should be addressed to the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue W, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Further details regarding this preliminary injury inquiry, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Preliminary Injury Inquiry Schedule”, appended to the notice of commencement of preliminary injury inquiry, available on the Tribunal’s Web site at www.citt-tcce.gc.ca.

Ottawa, July 17, 2012

GILLIAN BURNETT
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Marine

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2012-008) from Clearpath Robotics Inc. (Clearpath), of Kitchener, Ontario, concerning a procurement (Solicitation No. W7707-125520/A) by the Department of Public Works and Government Services (PWGSC) on behalf of Defence Research and Development Canada (an agency of the Department of National Defence). The solicitation is for the provision of an unmanned surface vehicle. 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.

Clearpath alleges that PWGSC invoked the limited tendering provisions of the applicable trade agreements without sufficient justification. Additionally, Clearpath alleges that PWGSC failed to publish its Request for Proposal on an electronic tendering system that is equally accessible to all Canadian suppliers.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue W, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, July 18, 2012

GILLIAN BURNETT
Acting 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

PART 1 APPLICATIONS

The following applications were posted on the Commission’s Web site between July 13, 2012, and July 19, 2012:

Corus Radio Company
Woodstock, Ontario
2012-0818-2
Amendment of a transmitter for CKDK-FM
Deadline for submission of interventions, comments and/or answers: August 13, 2012

Canadian Broadcasting Corporation
Kuujjuaq (Fort Chimo), Quebec
2012-0841-3
Addition of a rebroadcasting transmitter for CBFG-FM
Deadline for submission of interventions, comments and/or answers: August 17, 2012

Canadian Broadcasting Corporation
Kuujjuarapik, Quebec
2012-0842-1
Addition of a rebroadcasting transmitter for CBFG-FM
Deadline for submission of interventions, comments and/or answers: August 17, 2012

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION

2012-386 July 18, 2012

Call for comments on proposed amendments to the Broadcasting Distribution Regulations — Provisions relating to the Local Programming Improvement Fund

The Commission calls for comments on the wording of amendments to the Broadcasting Distribution Regulations in order to implement certain determinations relating to the mechanism for the funding of the Local Programming Improvement Fund by broadcasting distribution undertakings adopted by the Commission in Review of the Local Programming Improvement Fund, Broadcasting Regulatory Policy CRTC 2012-385, July 18, 2012. The deadline for the receipt of comments is August 13, 2012.

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENTS

1. Section 35 of the Broadcasting Distribution Regulations (see footnote 1) is replaced by the following:

35. (1) Except as otherwise provided under a condition of its licence, a licensee shall make a contribution to Canadian programming — specifically, to the Local Programming Improvement Fund — based on a percentage of its gross revenues derived from broadcasting activities in the broadcast year, as follows:

  1. (a) 1.0% for the broadcast year beginning on September 1, 2012; and

  2. (b) 0.5% for the broadcast year beginning on September 1, 2013.

(2) No contributions are required under subsection (1) for any broadcast year after August 31, 2014.

2. Section 37 of the Regulations is renumbered as subsection 37(1) and is amended by adding the following:

(2) Despite subsection (1), if, as a result of the calculations performed under subsection 36(1), the contribution made by a licensee under paragraph 35(1)(b) is greater than the amount required to be contributed under that provision, the licensee is entitled to a refund of the excess.

3. (1) Paragraph 52(c) of the Regulations is replaced by the following:

  1. (c) to the Local Programming Improvement Fund,
    1. (i) a contribution of 1.0% of gross revenues for the broadcast year beginning on September 1, 2012, and

    2. (ii) a contribution of 0.5% of gross revenues for the broadcast year beginning on September 1, 2013.

(2) Section 52 of the Regulations is renumbered as subsection 52(1) and is amended by adding the following:

(2) No contributions are required under paragraph (1)(c) for any broadcast year after August 31, 2014.

4. Section 54 of the Regulations is renumbered as subsection 54(1) and is amended by adding the following:

(2) Despite subsection (1), if, as a result of the calculations performed under subsection 53(1), the contribution made by a licensee under subparagraph 52(c)(ii) is greater than the amount required to be contributed under that provision, the licensee is entitled to a refund of the excess.

COMING INTO FORCE

5. These Regulations come into force on September 1, 2012.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY

2012-392 July 19, 2012

Amendments to the Broadcasting Distribution Regulations — Provisions relating to local expression

The Commission announces that it has made amendments to the Broadcasting Distribution Regulations (the Regulations). These amendments implement the Commission’s determinations set out in Broadcasting Regulatory Policy 2012-154 relating to the mechanism for the funding of local expression by broadcasting distribution undertakings.

The amended Regulations were registered on July 4, 2012, and published in the Canada Gazette, Part Ⅱ, Vol. 146, No. 15, on July 18, 2012 (SOR/2012-143). They come into force on September 1, 2012. A copy of the amended Regulations is attached to the regulatory policy.

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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.

2012-381 July 16, 2012

High Fidelity HDTV Inc.
Across Canada

Approved — Application for authority to change the effective control and the control of its subsidiaries so that control will be exercised by Blue Ant Media Inc.

2012-382 July 16, 2012

Télévision MBS inc.
Rivière-du-Loup, Trois-Pistoles, Cabano, Forestville,
Baie-Comeau, Sept-Îles, Les Escoumins, Gaspé,
Baie-Saint-Paul, Carleton-sur-Mer and Rimouski, Quebec; and
Edmundston, New Brunswick

Approved — Application to temporarily suspend the condition of licence relating to the broadcast of local programming of the French-language television programming undertaking CFTF-TV Rivière-du-Loup and its transmitters.

2012-383 July 16, 2012

Golden West Broadcasting Ltd.
Winkler, Manitoba

Approved — Application for a broadcasting licence to operate a new English-language commercial FM radio station in Winkler to replace its AM station CKMW.

2012-384 July 17, 2012

Canadian Broadcasting Corporation
Across Canada

Approved — Revocation of licences for the rebroadcasting stations CBIT Sydney and CBKST Saskatoon.

Approved — Licence amendment to remove analog transmitters for 23 English- and French-language television stations.

2012-390 July 19, 2012

1637191 Alberta Ltd.
Across Canada

Approved — Application for a broadcasting licence to operate SUPERNATURAL TV, a national, English-language specialty Category B service.

2012-391 July 19, 2012

Rejected — National Campus and Community Radio Association’s proposed Codes of Conduct and Guidelines and Best Practices.

2012-393 July 20, 2012

Request for dispute resolution by Bell Media Inc. concerning affiliation agreements with the Canadian Independent Distributors Group and TELUS Communications Company in regard to Bell Media Inc.’s specialty television services.

2012-394 July 20, 2012

Shaw Television G.P. Inc. (the general partner) and Shaw Media Global Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership
Province of British Columbia

Approved — Application for a broadcasting licence to operate Global News Plus BC, a regional, English-language specialty Category B service.

2012-395 July 20, 2012

Telelatino Network Inc.
Across Canada

Approved — Application for a broadcasting licence to operate Eur-Asian Television Network, a national, ethnic specialty Category B service operating in the English language.

Approved — Request to broadcast up to six minutes of local and regional advertising.

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave 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 114(4) of the said Act, to Stéphan Pouleur, Research Scientist — Plant Pathology (SE-RES-2), Department of Agriculture and Agri-Food, Québec, Quebec, to allow him to seek nomination as a candidate before and during the election period and to be a candidate before the election period in the next provincial election for the electoral district of Jean-Talon, Quebec. The date of the provincial election has not been confirmed.

The Public Service Commission of Canada, pursuant to subsection 114(5) of the said Act, has also granted a leave of absence without pay during the election period, effective at close of business on the first day of the election period, to allow him to be a candidate during the election.

July 17, 2012

HÉLÈNE LAURENDEAU
Senior Vice-President
Policy Branch

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Footnote 1
SOR/97-555