ARCHIVED — Vol. 148, No. 19 — May 10, 2014

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COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2014-004

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.

Excise Tax Act

Montreal Gateway Terminals Partnership v. Minister of National Revenue

Date of Hearing: June 10, 2014

Appeal No.: AP-2013-052

Issue: Whether portal structures are "vehicles" within the meaning of paragraph 23(8)(c) of the Excise Tax Act and, therefore, whether the appellant is entitled to a refund of the excise tax paid on diesel fuel purchased during the period from January 1 to December 31, 2010, for use in the operation of those portal structures.

Customs Act

IKEA Supply AG v. President of the Canada Border Services Agency

Date of Hearing: June 12, 2014

Appeal No.: AP-2013-053

Goods in Issue: Kasten swivel chairs

Issue: Whether the goods in issue are properly classified under tariff item No. 9401.30.10 as swivel seats with variable height adjustment, for domestic purposes, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9401.30.90 as other swivel seats with variable height adjustment, as claimed by IKEA Supply AG.

Tariff Items at Issue: IKEA Supply AG—9401.30.90 President of the Canada Border Services Agency—9401.30.10

May 1, 2014

By order of the Tribunal
GILLIAN BURNETT
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 25 April 2014 and 1 May 2014:

Concordia Student Broadcasting Corporation
Montréal, Quebec
2014-0336-0
Technical change for CJLO-FM
Deadline for submission of interventions, comments and/or answers: 26 May 2014

Corus Entertainment Inc., on behalf of 8504652 Canada Inc.
Across Canada
2014-0320-4
Amendments to conditions of licence for Séries+
Deadline for submission of interventions, comments and/or answers: 29 May 2014

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION

2014-202 30 April 2014

Notice of applications received

Various locations
Deadline for submission of interventions, comments and/or answers: 4 June 2014

The Commission has received the following applications:

  1. Bell Media Inc.
    Trois-Rivières, Quebec

    Application to renew the broadcasting licence for the French-language commercial radio station CHEY-FM Trois-Rivières, expiring 31 August 2014.

  2. Bell Media Inc.
    Montréal, Quebec

    Application to renew the broadcasting licence for the French-language commercial radio station CITE-FM Montréal, expiring 31 August 2014.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

2014-197 29 April 2014

Faith Baptist Church of St. Thomas
St. Thomas, Ontario

Approved — Application to revoke the broadcasting licence for the English-language religious FM radio station VF8016 St. Thomas.

2014-198 29 April 2014

Miramichi Fellowship Center, Inc.
Blackville, New Brunswick

Approved — Application to revoke the broadcasting licence for the English-language specialty commercial radio station CJFY-FM Blackville.

2014-199 29 April 2014

Coop de solidarité radio communautaire de la MRC de Maskinongé
Louiseville, Quebec

Approved — Application to change the authorized contours of the community radio station CHHO-FM Louiseville.

2014-200 29 April 2014

Fabrique de la Paroisse Notre-Dame de la Guadeloupe
La Guadeloupe, Quebec

Approved — Application to revoke the broadcasting licence for the low-power, French-language religious FM radio station VF8003 Guadeloupe.

2014-201 29 April 2014

Fabrique de la Paroisse de St-Philippe de Windsor
Windsor, Quebec

Approved — Application to revoke the broadcasting licence for the low-power, French-language religious FM radio station VF8009 Windsor.

2014-203 30 April 2014

Wilderness Ministries Inc.
Nipawin, Saskatchewan

Approved — Application to renew the broadcasting licence for the English-language specialty (Christian music) radio station CIOT-FM Nipawin.

2014-204 1 May 2014

Rogers Communications Partnership
Various locations in New Brunswick and Newfoundland and Labrador

Approved — Application to amalgamate 43 of the 44 broadcasting distribution undertaking (BDU) licences in New Brunswick and in Newfoundland and Labrador into 7 BDU licences.

Approved — Request to add conditions of licence and to amend other conditions of licence relating to the distribution of U.S. 4+1 signals for certain proposed service areas.

Denied — Request to add a condition of licence allowing it to redirect 2% of its gross revenues derived from broadcasting activities to the operation of a French-language community channel and an English-language community channel in the Fredericton and Saint John service areas.

2014-208 2 May 2014

Bell Media Inc.
Québec, Quebec

Approved — Application to renew the broadcasting licence for the French-language commercial radio station CHIK-FM Québec.

2014-209 2 May 2014

Rawlco Radio Ltd.
North Battleford, Saskatchewan

Approved — Application to renew the broadcasting licence for the English-language commercial AM radio station CJNB North Battleford.

2014-210 2 May 2014

Mass-Média Capitale inc.
Québec, Quebec

Approved — Applications to renew the broadcasting licences for the English-language tourist radio station CJNG-FM Québec and the French-language tourist radio station CKJF-FM Québec.

2014-211 2 May 2014

Geraldton Community Forest Inc.
Greenstone, Ontario

Approved — Application to renew the broadcasting licence for the English- and French-language tourist radio station CHGS-FM Greenstone.

2014-212 2 May 2014

Eternacom Inc.
Various locations in Ontario

Approved — Applications to renew the broadcasting licences for the English-language commercial specialty (Christian music) radio stations set out in the appendix to the decision.

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NAFTA SECRETARIAT

DECISION

Carbon and certain alloy steel wire rod from Canada

Notice is hereby given, pursuant to rule 70 of the NAFTA Article 1904 Panel Rules, that the panel established to review the final results of the Administrative Review made by the United States Department of Commerce, International Trade Administration, respecting “Carbon and Certain Alloy Steel Wire Rod from Canada,” issued its decision on April 29, 2014 (Secretariat File No. USA-CDA-2009-1904-01).

In the April 29, 2014, decision, the binational panel affirmed the investigating authority’s determination respecting “Carbon and Certain Alloy Steel Wire Rod from Canada.”

Copies of the complete decision may be obtained from the Publishing and Depository Services, Acquisitions, Constitution Square, Tower II, 5th Floor, 350 Albert Street, Ottawa, Ontario K1A 0S5, Canada, or by email at Publications.Acquisitions@tpsgc-pwgsc.gc.ca.

Explanatory note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement, which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat — Canadian Section, North American Free Trade Agreement, 111 Sussex Drive, 5th Floor, Ottawa, Ontario K1N 1J1, 343-203-4274.

PATRICIA LANGAN-TORELL
Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

SESCO Enterprises Canada, Ltd.

By an application dated April 24, 2014, SESCO Enterprises Canada, Ltd. (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 200 MW/600 GWh of firm power and energy and up to 600 GWh of interruptible energy for a period of 10 years.

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 SESCO Enterprises Canada, Ltd., 300 Perrine Road, Suite 321, Old Bridge, NJ 08857, Attention: Michael Schubiger, 732-448-7920 (telephone), 732-721-2405 (fax), 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 June 9, 2014.

3. Pursuant to subsection 119.06(2) of the Act, 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; and
  • (b) 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 June 24, 2014.

5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).

SHERI YOUNG
Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO OPERATE AN INTERNATIONAL POWER LINE

Canadian Niagara Power Inc.

By an application dated May 1, 2014, Canadian Niagara Power Inc. (the “Applicant”) has applied to the National Energy Board (the “Board”), under Part III.1 of the National Energy Board Act (the “Act”), for authorization to carry out removal and replacement work on an international power line, which connects the transmission systems owned by the Applicant and Niagara Mohawk Power Corporation d/b/a National Grid of the United States (“NG”). The project involves the removal and replacement of two existing lattice steel towers (Queen Street Tower in Canada, Buffalo High Tower in the United States) with new tubular steel poles and reconductor of 1 178 m (3 864 ft.) of existing transmission line. The line section includes crossing the Niagara River from Fort Erie, Ontario, to Buffalo, New York. Existing double circuit 198 kcmil copperweld will be replaced with single circuit 605 kcmil ACSR 30/19 “Teal,” one 5/8 in. EHS Sted overhead ground wire and one overhead optical wire. The international power line will be operated at 115 000 V with three phases. The line would be constructed in accordance with the terms of the Interconnection Construction Agreement between the Applicant and NG effective March 25, 1998.

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 1130 Bertie Street, Fort Erie, Ontario L2A 5Y2, 905-871-0330 (telephone), 905-871-8676 (fax), 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.

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 June 10, 2014.

3. Pursuant to subsection 58.14(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 power line on provinces other that those through which the line is to pass; and
  • (b) the impact of the construction or operation of the power line on the environment.

4. As part of its consideration of the environmental effects of the proposed facilities, the Board will apply the regulations and guidance under the Act.

5. 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 June 25, 2014.

6. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).

SHERI YOUNG
Secretary

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PARKS CANADA AGENCY

SPECIES AT RISK ACT

Description of critical habitat of the Gulf of St. Lawrence Aster in Prince Edward Island National Park of Canada and Kouchibouguac National Park of Canada

The Gulf of St. Lawrence Aster (Symphyotrichum laurentianum) is a species listed on Schedule 1 of the Species at Risk Act as threatened. The Gulf of St. Lawrence Aster is an annual plant that is only found near shorelines of the Gulf of St. Lawrence. The Recovery Strategy for the Gulf of St. Lawrence Aster (Symphyotrichum laurentianum) in Canada (www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=252) identifies critical habitat for the species in a number of areas, including in Prince Edward Island National Park of Canada and in Kouchibouguac National Park of Canada.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, subsection 58(1) of that Act applies, 90 days after this publication, to the critical habitat of the Gulf of St. Lawrence Aster — identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — that is located within the following federally protected areas: Prince Edward Island National Park of Canada and Kouchibouguac National Park of Canada and, whose boundaries are described in Schedule 1 of the Canada National Parks Act. For greater certainty, the location of critical habitat parcels within these national parks is indicated in section 7 and Appendix A of the Recovery Strategy for the Gulf of St. Lawrence Aster (Symphyotrichum laurentianum) in Canada.

April 24, 2014

KAREN JANS
Field Unit Superintendent
Prince Edward Island Field Unit

ROBERT MOREAU
Field Unit Superintendent
Northern New Brunswick Field Unit

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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 Marc Aubin, Policy Analyst (EC-5), Crown Corporation Governance, Department of Transport, Ottawa, Ontario, to be a candidate, before and during the election period, for the position of Councillor, Ward 12, Rideau-Vanier, for the City of Ottawa, Ontario, in the municipal election to be held on October 27, 2014.

April 29, 2014

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship 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 Scott Gordon Blurton, Policy Analyst (EC-5), Office of Energy Efficiency, Energy Sector, Department of Natural Resources, Ottawa, Ontario, to be a candidate, before and during the election period, for the position of Councillor, Ward 17, Capital, for the City of Ottawa, Ontario, in a municipal election to be held on October 27, 2014.

May 1, 2014

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship 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 Christopher Lawrence Fraser, Learning Assistant (CR-4), Professional Training and Development Division, Acquisitions Branch, Department of Public Works and Government Services, Gatineau, Quebec, to be a candidate, before and during the election period, for the position of Councillor, Ward 2, Innes, for the City of Ottawa, Ontario, in a municipal election to be held on October 27, 2014.

April 25, 2014

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship 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 John Paul Jackson, Income Tax Auditor (AU-2), East Central Ontario Tax Services Office, Canada Revenue Agency, Kingston, Ontario, to be a candidate, before and during the election period, for the position of Councillor, Ward 2, for the Township of Leeds and the Thousand Islands, Ontario, in a municipal election to be held on October 27, 2014.

May 2, 2014

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship 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 Thomas Rittwage, Correctional Manager (CX-4), Warkworth Institution, Correctional Service of Canada, Campbellford, Ontario, to be a candidate, before and during the election period, for the positions of Councillor and Deputy Mayor for the Municipality of Brighton, Ontario, in a municipal election to be held on October 27, 2014.

April 30, 2014

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship Directorate

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