Canada Gazette, Part I, Volume 147, Number 47: COMMISSIONS

November 23, 2013

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2013-019

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 West, 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

Eastern Division Henry Schein Ash Arcona Inc. v. President of the Canada Border Services Agency

Date of Hearing: December 17, 2013

Appeal No.: AP-2013-029

Goods in Issue: Nitrile examination gloves

Issues: The first issue is whether the goods in issue are properly classified under tariff item No. 4015.19.90 as other articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanized rubber other than hard rubber, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9018.49.00 as other instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments, as claimed by Eastern Division Henry Schein Ash Arcona Inc. The second issue is whether the goods in issue are entitled to the benefit of tariff item No. 9977.00.00 as instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments, as claimed by Eastern Division Henry Schein Ash Arcona Inc.

Tariff Items at Issue: Eastern Division Henry Schein Ash Arcona Inc.—9018.49.00 and 9977.00.00
President of the Canada Border Services Agency—4015.19.90

Customs Act

SMS Equipment Inc. v. President of the Canada Border Services Agency

Date of Hearing: December 19, 2013

Appeal No.: AP-2013-006

Goods in Issue: Various parts and components for the suspension systems of Komatsu haul trucks

Issues: Whether the goods in issue are properly classified under tariff item No. 8708.80.99 as parts and accessories of the motor vehicles of heading Nos. 87.01 to 87.05 and other suspension systems and parts thereof, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9908.00.00 as articles for use in lorries (trucks) of heading No. 87.04, for use underground in mining or in developing mineral deposits and/or as articles for use in extracting machinery for extracting minerals directly from the working face of a mine, as claimed by SMS Equipment Inc.

Tariff Items at Issue: SMS Equipment Inc.—9908.00.00
President of the Canada Border Services Agency—8708.80.99

November 15, 2013

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Information processing and related telecommunications services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2013-012) on November 14, 2013, with respect to a complaint filed by Access Corporate Technologies Inc. (ACT), 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. T8080-130016) by the Department of Transport (Transport Canada). The solicitation was for the provision of the services of a human resources consultant, a change management consultant, and organizational design and classification consultants in support of key priorities within the Marine Safety and Security Program at Transport Canada.

ACT alleged that Transport Canada incorrectly awarded a contract to a non-compliant bidder.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement, the Agreement on Government Procurement, the Canada-Chile Free Trade Agreement, the Canada-Peru Free Trade Agreement, the Canada-Colombia Free Trade Agreement and the Canada-Panama Free Trade Agreement, the Tribunal determined that the complaint was not valid.

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

Ottawa, November 14, 2013

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

FINDING

Unitized wall modules

Notice is hereby given that, on November 12, 2013, further to the issuance by the President of the Canada Border Services Agency of final determinations dated October 10, 2013, that 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, excluding non-unitized building envelope systems, such as stick systems and point-fixing systems, originating in or exported from the People’s Republic of China had been dumped and subsidized, and pursuant to subsection 43(1) of the Special Import Measures Act, the Canadian International Trade Tribunal found that the dumping and subsidizing of the aforementioned goods (Inquiry No. NQ-2013-002) had not caused injury but were threatening to cause injury to the domestic industry.

Ottawa, November 12, 2013

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, administrative and management support services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2013-020) from Tiree Facility Solutions Inc. (Tiree), of Ottawa, Ontario, concerning a procurement (Solicitation No. NCR1005) by Defence Construction Canada (DCC). The solicitation is for the provision of professional services specific to the Canadian Forces Housing Agency project, located at various locations throughout Canada. 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.

Tiree alleges that DCC did not evaluate its bid in accordance with the evaluation criteria contained in the Request for Abbreviated Proposals.

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

Ottawa, November 13, 2013

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

PART 1 APPLICATIONS

The following applications were posted on the Commission’s Web site between November 7, 2013, and November 14, 2013:

Bell Canada
Across Canada
2013-1442-6
Addition of NTN24 to the list of non-Canadian programming services authorized for distribution
Deadline for submission of interventions, comments and/or answers: December 9, 2013

Soundview Entertainment Inc.
Across Canada
2013-1443-4
Addition of Star International to the list of non-Canadian programming services authorized for distribution
Deadline for submission of interventions, comments and/or answers: December 13, 2013

Soundview Entertainment Inc.
Across Canada
2013-1525-0
Addition of Zaiqa TV to the list of non-Canadian programming services authorized for distribution
Deadline for submission of interventions, comments and/or answers: December 13, 2013

Soundview Entertainment Inc.
Across Canada
2013-1527-6
Addition of Business Plus to the list of non-Canadian programming services authorized for distribution
Deadline for submission of interventions, comments and/or answers: December 13, 2013

Radio-Classique Montréal inc.
Montréal, Quebec
2013-1431-9
Complaint filed by CJPX-FM relating to the commercial sales on Espace Musique
Deadline for submission of interventions, comments and/or answers: December 16, 2013

Canadian Broadcasting Corporation
Across Canada
2013-1475-7
Amendment to a condition of licence (local programming obligations)
Deadline for submission of interventions, comments and/or answers: December 16, 2013

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

2013-599 November 8, 2013

Newcap Inc. and 3221809 Nova Scotia Ltd.
Various locations in Newfoundland and Labrador, Nova Scotia and Alberta

Approved — Applications to renew the broadcasting licences for the radio stations set out in Appendix 1 to the decision.

2013-600 November 8, 2013

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

Approved — Application to amend the broadcasting licence for the English-language radio station CHOZ-FM St. John’s in order to operate an FM transmitter in Stephenville.

2013-601 November 8, 2013

Arctic Radio (1982) Limited
Flin Flon, Manitoba

Approved — Application to change the technical parameters of the English-language commercial radio station CFAR-FM Flin Flon.

2013-605 November 13, 2013

Education Alternative Radio Society
Prince George, British Columbia

Approved — Application to renew the broadcasting licence for the campus radio station CFUR-FM Prince George.

2013-606 November 13, 2013

Commission’s findings following its call for comments on the capacity of the Saskatoon radio market to support the licensing of new commercial radio stations.

2013-608 November 14, 2013

Golden West Broadcasting Ltd.
Winnipeg, Manitoba; and Lethbridge, Alberta

Approved — Application to renew the broadcasting licences for the specialty (Christian music) radio stations CHVN-FM Winnipeg and CKVN-FM Lethbridge.

2013-609 November 14, 2013

United Christian Broadcasters Canada
Belleville, Ontario

Approved — Application to renew the broadcasting licence for the specialty (Christian music) radio station CKJJ-FM Belleville and its transmitters CKJJ-FM-2 Brockville, CKJJ-FM-3 Kingston and CKJJ-FM-4 Bancroft.

2013-611 November 15, 2013

Various licensees
Various locations across Canada

Approved — Applications to renew the broadcasting licences for the radio stations set out in Appendix 1 to the decision.

2013-612 November 15, 2013

Base Commander of Canadian Forces in Suffield
Suffield, Alberta

Approved — Application to renew the broadcasting licence for the non-commercial radio station CKBF-FM Suffield.

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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 Mario Zanth, Administrative Assistant (AS-2), Grants and Contributions Financial Services, Finance and Procurement Branch, Department of Justice, Ottawa, Ontario, to be a candidate, before and during the election period, for the position of Councillor for the City of Clarence-Rockland, Ontario, in a municipal election to be held on October 27, 2014.

November 7, 2013

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship Directorate

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