ARCHIVED — Vol. 149, No. 31 — August 1, 2015

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COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

The following notice of intention to revoke was sent to the charity listed below because it has not met the filing requirements of the Income Tax Act:

“Notice is hereby given, pursuant to paragraph 168(1)(c) of the Income Tax Act, that I propose to revoke the registration of the charity listed below and that by virtue of paragraph 168(2)(b) thereof, the revocation of the registration is effective on the date of publication of this notice.”

Business Number Name/Address
826305567RR0001 LIFECAN, OTTAWA, ONT.

CATHY HAWARA
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2015-008

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 referenced 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.

Customs Act

P. Matheson v. President of the Canada Border Services Agency

Date of Hearing: September 3, 2015

Appeal No.: AP-2014-039

Goods in Issue: Lower receiver of Tokyo Marui airsoft pistol

Issue: Whether the good in issue is properly classified under tariff item No. 9898.00.00 as a prohibited device, as determined by the President of the Canada Border Services Agency.

Tariff Item at Issue: President of the Canada Border Services Agency—9898.00.00

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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 for renewal or amendment or complaints were posted on the Commission’s Web site between 17 July and 24 July 2015.

Application filed by Application number Undertaking City Province Deadline for submission of interventions, comments or replies
Canadian Broadcasting Corporation 2015-0727-9 CBCV-FM Ucluelet British Columbia 17 August 2015
Bell Media Inc. 2015-0729-5 Bravo! Across Canada   19 August 2015
Bell Media Inc. 2015-0730-3 The Comedy Network Across Canada   19 August 2015
2953285 Canada Inc. 2015-0731-0 Discovery Channel Across Canada   19 August 2015
Bell Media Inc. 2015-0732-8 E! Across Canada   19 August 2015
Bell Media Inc. 2015-0734-4 MTV [formerly MTV (Canada)] Across Canada   19 August 2015
Bell Media Inc. 2015-0736-0 Much (formerly MuchMusic) Across Canada   19 August 2015
Bell Media Inc. 2015-0737-8 M3 (formerly MuchMoreMusic) Across Canada   19 August 2015
Bell Media Inc. 2015-0738-6 Space (formerly Space: The Imagination Station) Across Canada   19 August 2015
Corus Entertainment Inc. 2015-0726-1 YTV Across Canada   21 August 2015
Country Music Television Ltd. 2015-0744-3 Country Music Television (CMT) Across Canada   21 August 2015

ADMINISTRATIVE DECISIONS

Applicant’s name Undertaking City Province Date of decision
Animal Planet Canada Company Various undertakings Across Canada   20 July 2015
Discovery Science Canada Company Various undertaking Across Canada   20 July 2015
2953285 Canada Inc. (2 decisions) Various undertakings Across Canada   20 July 2015
Bell Media Inc. (23 decisions) Various undertakings Across Canada   20 July 2015
Saugeen Community Radio Inc. CIWN-FM Mount Forest / Wellington North Ontario 20 July 2015

NOTICES OF CONSULTATION

Notice number Publication date of the notice City Province Deadline for filing of interventions, comments or replies OR hearing date
2015-318 20 July 2015 Québec Quebec 3 Septembe 2015
2015-330 (see reference *) 23 July 2015      

DECISIONS

Decision number Publication date Applicant’s name Undertaking City Province
2015-322 21 July 2015 The Cult Movie Channel Inc. The Cult Movie Network Across Canada  
2015-324 21 July 2015 9116-1299 Québec inc. CFOR-FM Maniwaki Quebec
2015-327 22 July 2015 Atop Broadband Corp.
Uniserve Communications Corporation
  Various locations British Columbia
2015-331 23 July 2015 Vidéotron Ltd. and 9227-2590 Québec inc., partners in a general partnership carrying on business as Vidéotron G.P. Various terrestrial broadcasting distribution undertakings Montréal, Montréal West and Terrebonne Quebec
2015-335 24 July 2015 Bell Canada The Africa Channel Across Canada  

SIMULTANEOUS PROGRAMMING SERVICE DELETION AND SUBSTITUTION REGULATIONS

Definitions

1. (1) The following definitions apply in these Regulations.

“Canadian television station”
« station de télévision canadienne »

“Canadian television station” means a television programming undertaking that is licensed as a television station or that provides its Canadian programming service by way of a transmitting antenna and includes an educational authority responsible for an educational television programming service and the station “A” Atlantic.

“local television station”
« station de télévision locale »

“local television station”, in relation to a licensed area of a distribution undertaking, means

  • (a) a licensed television station that
    • (i) has a Grade A official contour or digital urban official contour that includes any part of the licensed area; or
    • (ii) if there is no Grade A official contour or digital urban official contour, has a transmitting antenna that is located within 15 km of the licensed area;
  • (b) an educational authority responsible for an educational television programming service; or
  • (c) the station “A” Atlantic.

Definitions — Broadcasting Distribution Regulations

(2) In these Regulations, the expressions “Canadian programming service”, “comparable”, “customer”, “DTH distribution undertaking”, “educational authority”, “educational television programming service”, “format”, “licence”, “licensed”, “licensed area”, “licensee”, “non-Canadian television station”, “official contour”, “operator”, “programming service”, “regional television station”, “relay distribution undertaking”, “subscriber”, “subscription television system” and “terrestrial distribution undertaking” have the same meanings as in section 1 of the Broadcasting Distribution Regulations.

Application

2. These Regulations apply to a person that is licensed to carry on a distribution undertaking, other than a person that is licensed to carry on

  • (a) a subscription television system;
  • (b) a relay distribution undertaking; or
  • (c) an undertaking that only rebroadcasts the radiocommunications of one or more other licensed undertakings.

Terrestrial distribution undertaking

3. (1) The operator of a Canadian television station may ask a licensee that carries on a terrestrial distribution undertaking to delete the programming service of another Canadian television station or a non-Canadian television station and substitute for it the programming service of a local television station or regional television station.

DTH distribution undertaking

(2) The operator of a Canadian television station may ask a licensee that carries on a DTH distribution undertaking

  • (a) to delete the programming service of a non-Canadian television station and substitute for it the programming service of the Canadian television station; or
  • (b) in respect of subscribers located within the Grade B official contour or noise-limited bounding official contour of the Canadian television station, to delete the programming service of another Canadian television station and substitute for it the programming service of the Canadian television station.

Obligation to carry out request

4. (1) Except as otherwise provided under these Regulations or in a condition of its licence, a licensee that receives a request referred to in section 3 must carry out the requested deletion and substitution if the following conditions are met:

  • (a) the request is in writing and is received by the licensee at least four days before the day on which the programming service to be substituted is to be broadcast;
  • (b) the programming service to be deleted and the programming service to be substituted are comparable and are to be broadcast simultaneously;
  • (c) the programming service to be substituted has the same format as, or a higher format than, the programming service to be deleted; and
  • (d) if the licensee carries on a terrestrial distribution undertaking, the programming service to be substituted has a higher priority under section 17 of the Broadcasting Distribution Regulations than the programming service to be deleted.

Late request

(2) In the case of a request that is not received within the period referred to in paragraph (1)(a) but that meets the conditions set out in paragraphs (1)(b) to (d), the licensee may carry out the requested deletion and substitution, except as otherwise provided under these Regulations or in a condition of its licence.

Decision by Commission

(3) A licensee must not delete a programming service and substitute another programming service for it if the Commission issues a decision under subsection 18(3) of the Broadcasting Act declaring that the deletion and substitution are not in the public interest.

Deletion and substitution by operator

(4) The licensee and the operator of the local television station or the regional television station may agree to have the operator carry out the deletion and substitution.

More than one request

(5) If a licensee that carries on a terrestrial distribution undertaking receives a request for deletion and substitution from more than one operator of a Canadian television station, it must give preference to the programming service of the television station that has the highest priority under section 17 of the Broadcasting Distribution Regulations.

Discontinuation of substitution

(6) A licensee may discontinue a deletion and substitution if the deleted and substituted programming services are not, or are no longer, comparable and broadcast simultaneously.

Minimal disruption

5. (1) A licensee that deletes a programming service and substitutes another programming service for it must exercise due diligence to ensure that the deletion and substitution do not result in errors in the provision of the service and that they cause only minimal disruption of the service to its subscribers.

Rebate

(2) If a licensee deletes and substitutes a programming service in a manner that, through its own actions, results in recurring substantial errors, the licensee must provide compensation to its customers, unless it establishes that it exercised due diligence to avoid the errors.

Errors

(3) For the purposes of this section, an error occurs if the deletion and substitution of the programming service are not carried out simultaneously or the video or audio components of the programming service are affected as a result of the deletion and substitution.

CONSEQUENTIAL AMENDMENTS TO THE BROADCASTING DISTRIBUTION REGULATIONS

6. Paragraph 7(a) of the Broadcasting Distribution Regulations (see footnote 1) is replaced by the following:

  • (a) as required or authorized by a condition of its licence or under the Simultaneous Programming Service Deletion and Substitution Regulations.

7. Section 38 of the Regulations and the heading before it are repealed.

8. Section 39 of the Regulations is replaced by the following:

39. Except as otherwise provided under a condition of licence, this Part and sections 19, 23 to 26, 28 and 30 to 37 apply to terrestrial distribution undertakings that elect to distribute programming services on an analog basis.

9. Section 51 of the Regulations and the heading before it are repealed.

COMING INTO FORCE

10. These Regulations come into force on December 1, 2015.

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave granted (Swampy, Katherine Anne)

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 Katherine Anne Swampy, Collections Contact Officer (SP-4), Taxpayer Services and Debt Management Branch, Edmonton Tax Services Office, Canada Revenue Agency, Edmonton, Alberta, to allow her to seek nomination as a candidate before and during the election period and to be a candidate before the election period in the federal election for the electoral district of Red Deer—Lacombe, Alberta, to be held on October 19, 2015.

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 the employee is a candidate during the election period.

July 22, 2015

SUSAN M. W. CARTWRIGHT
Commissioner

D. G. J. TUCKER
Commissioner

CHRISTINE DONOGHUE
Acting President

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