ARCHIVED — Vol. 151, No. 24 — June 17, 2017

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COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain carbon and alloy steel line pipe — Decision

On June 8, 2017, pursuant to subsection 31(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) initiated an investigation into the alleged injurious dumping of certain carbon and alloy steel line pipe originating in or exported from the Republic of Korea.

Prior to January 1, 2017, the goods in question were usually classified under the following Harmonized System classification numbers:

7304.19.00.11

7305.12.00.11

7304.19.00.12

7305.12.00.19

7304.19.00.21

7305.19.00.11

7304.19.00.22

7305.19.00.19

7305.11.00.11

7306.19.00.10

7305.11.00.19

7306.19.00.90

Beginning January 1, 2017, under the revised customs tariff schedule, subject goods would usually be imported under the following tariff codes for line pipe:

7304.19.00.10

7305.12.00.30

7304.19.00.20

7305.19.00.10

7305.11.00.10

7305.19.00.20

7305.11.00.20

7306.19.00.10

7305.12.00.10

7306.19.00.90

The Canadian International Trade Tribunal (CITT) will conduct a preliminary inquiry into the question of injury to the Canadian industry. The CITT will make a decision within 60 days of the date of initiation. If the CITT concludes that the evidence does not disclose a reasonable indication of injury, the investigation will be terminated.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will be available on the CBSA website at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting the SIMA Registry and Disclosure Unit by telephone at 613-948-4605 or by email at simaregistry@cbsa-asfc.gc.ca.

Representations

Interested persons are invited to file written submissions presenting facts, arguments and evidence relevant to the alleged dumping. Written submissions should be forwarded to the Canada Border Services Agency, Trade and Anti-dumping Programs Directorate, SIMA Registry and Disclosure Unit, 100 Metcalfe Street, 11th Floor, Ottawa, Ontario K1A 0L8. To be given consideration in this investigation, this information should be received by October 24, 2017.

Any information submitted by interested persons concerning this investigation will be considered public information unless clearly marked confidential. When a submission is marked confidential, a non-confidential edited version of the submission must also be provided.

Ottawa, June 8, 2017

Darryl Larson
Acting Director General
Trade and Anti-dumping Programs Directorate

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CANADIAN FOOD INSPECTION AGENCY

FOOD AND DRUGS ACT

Notice of intent to amend the Food and Drug Regulations to update the beer compositional standards

Notice is hereby given that the Canadian Food Inspection Agency (CFIA) intends to amend the Food and Drug Regulations (the Regulations) to make changes to the beer compositional standards to reflect innovation and market developments in brewing. This notice is meant to validate that the proposed changes reflect existing industry needs and communicate to stakeholders the most current policy direction.

Background

Division 2 of the Food and Drug Regulations establishes compositional standards for alcoholic beverages, including beer and ale, porter, stout and malt liquor. A compositional standard sets out what ingredients a product must contain, what ingredients a product may contain and any requirements of manufacturing (e.g. fermentation). Compositional standards may also provide technical specifications (e.g. methods of analysis) or food safety requirements. The non-health and safety aspects of the compositional standards set out in the Food and Drug Regulations apply only to foods that are imported or traded interprovincially.

Compositional standards in the Food and Drug Regulations establish the requirements a product must meet in order to be labelled, packaged, sold, or advertised as beer in Canada. For alcoholic beverages meeting these standards, the common name appearing in boldface type in the Regulations must be used if that beverage has been imported or is intended for interprovincial trade. The Government of Canada has committed to revising the beer compositional standards in the Food and Drug Regulations to better reflect marketplace realities and industry innovation.

Consultations

The CFIA conducted online and face-to-face consultations from fall 2014 to spring 2015 on the beer compositional standards. The intent of the consultation was to obtain an understanding of stakeholders’ knowledge and views of the proposed changes, and to document the gaps, challenges and issues they identified. In June 2015, the Agency published an overview of the public feedback (see footnote 1) it received from the consultation on the proposed changes to the beer standard.

Many elements of the proposed changes to the beer compositional standards were well supported. The rationale provided by respondents was that a modernized single standard would remove duplication, provide clarity and simplicity, and would allow industry more innovation in their product development. Supported elements included

  • removal of the list of specific food additives from the standard (replaced by a general food additives provision) to rely on Health Canada’s Lists of permitted food additives;
  • repeal of the standard for ale, stout, porter and malt liquor;
  • removal of the “aroma, taste and characteristic” statement from the beer definition; and
  • clarification of the term “carbohydrate” and that it can be added at any time during processing.

Other elements of the proposed changes that received less support or where agreement was minimal included

  • removal of wheat malt in the definition of beer;
  • addition of a 4% limit by weight for residual sugar; and
  • allowance for the use of flavouring preparations.

Respondents were concerned that these elements would limit product innovation, exclude certain types or styles of beer that are currently available in the marketplace and advertised as beer, and cause confusion for consumers due to the lack of information regarding the use of flavouring preparations in products. Some other respondents felt that additional information was needed before they could accurately comment on the proposed changes.

Additional engagement activities were conducted with provincial microbrewer associations, provincial liquor boards and Beer Canada to further discuss these specific elements and reach an agreement on the proposed changes.

Proposed changes

Following consultations and the additional engagement activities described above, the original proposal was revised.

Definition of beer

The proposal would include allowance for other micro-organisms (e.g. bacteria) in addition to yeast in the fermentation starter culture. In addition, the proposed changes would remove the subjective “aroma, taste and characteristic” statement in the definition and replace it with a measurable, objective requirement (i.e. maximum 4% by weight of residual sugar in the final product). The types of malted cereals that can be used in a standardized beer would not change. A standardized beer must contain either barley or wheat malt. It may also contain additional grains (e.g. sorghum) as a source of carbohydrate matter. The exclusive use of other grains, such as sorghum used in gluten-free beers, would result in these products not being considered standardized beer. While these products could not be sold, labelled or advertised as beer in Canada, these gluten-free beverages would still be available for consumers as an unstandardized alcoholic beverage.

Maximum percentage of residual sugar

It is anticipated that the proposed changes would add the requirement for beer to contain no more than 4% by weight of residual sugars in the final product offered for sale to consumers. For testing purposes, sugars would include all monosaccharides and disaccharides. (see footnote 2) This would partly replace the requirement for beer to “possess the aroma, taste and character commonly attributed to beer”, which is considered to be subjective and fails to recognize that different beer types or styles have different attributes. The proposed residual sugar requirement would provide a measurable objective measurement. A maximum residual sugar content of 4% by weight would be proposed in order to maintain the integrity of beer versus sweeter alcoholic beverages that are also based on barley or wheat cereal grains.

Previously, the CFIA and Beer Canada had proceeded with testing speciality beers in order to have concrete results on sugar percentages. The 80 beers chosen for testing had been identified during the public consultation as potentially exceeding the proposed limit for residual sugar. Results of the testing indicated that a residual sugar limit of 4% would help to define beer versus malt-based beverages, which contain higher proportions of sweetening ingredients, and the majority of beers tested would not exceed the residual sugar limit. However, a small percentage of beers labelled as “barleywine” and certain flavoured beers might be excluded under the proposed standard.

Food additives

A food additive is any chemical substance that is added to food during preparation or storage and either becomes a part of the food or affects its characteristics for the purpose of achieving a particular technical effect. The food additive or its by-products become part of the food. While the current beer standard contains a list of permitted additives, in April 2012, Health Canada changed the way in which food additives were approved and listed for use in food products. Health Canada no longer makes regulatory amendments to food additives in food standards provisions, but rather proceeds with updating the Lists of permitted food additives, (see footnote 3) which are maintained on the Health Canada website. Each of the 15 lists is incorporated by reference into a marketing authorization. Marketing authorizations are ministerial regulations that set out the conditions and legal foundation for the use of the lists under the Food and Drug Regulations.

Maintaining a list of permitted additives in the beer standard creates a dual source of information that might appear to be contradictory, and can be confusing for some brewers who may be unfamiliar with where to access this information. The proposed changes would remove the food additives currently listed in the beer compositional standards and replace them with a general provision that allows for the use of permitted food additives. This would align the beer compositional standards with Health Canada’s current approach of updating the Lists of permitted food additives. This approach is also aligned with the Government of Canada’s intent to reduce the regulatory burden for the industry. The food additives permitted for use in standardized beer would not change under this proposal.

Some non-standardized alcoholic beverages may become standardized beer under the proposed changes. The list of permitted food additives for non-standardized alcoholic beverages differs from those permitted for standardized beer. Brewers of non-standardized alcoholic beverages may lose the ability to use some additives in their products and would have to apply to Health Canada to have the additives assessed for use in standardized beer.

Processing aids

A food processing aid is a substance that is used for a technical effect in food processing or manufacture, the use of which does not affect the intrinsic characteristics of the food and results in no or negligible residues of the substance or its by-products in or on the finished food (i.e. antifoaming agents used during manufacturing). The intent of the proposal would be to remove the listed processing aids from the standard. The Food and Drug Regulations do not typically list processing aids in compositional standards, with the exception of the standards for beer, wine, honey wine and pectin. Removal of the listed processing aids from the beer compositional standard would be consistent with the other standards and would allow for increased innovation in processing and brewing without increasing risks to food safety.

Carbohydrate matter

The proposed changes would provide clarification around the use of “carbohydrate matter.” In 2012, the CFIA developed guidance material in response to confusion under the current beer standard. The guidance explains that the term “carbohydrate matter” is intended to mean an ingredient whose single largest component is carbohydrate and which is used to assist in fermentation, or to enhance the flavour, body, or colour of the product. The proposal would further clarify what is meant by “carbohydrate” and indicate that any source of carbohydrates could be added at any time during manufacturing (e.g. including post fermentation).

Herbs and spices

The proposed changes to the beer compositional standard would clearly specify that herbs and spices can be added to beer. Herbs and spices are permitted under the existing compositional standards under the term carbohydrate matter; this proposed change would provide additional clarity.

Flavouring preparations

The proposed changes to the beer compositional standard would allow the use of flavouring preparations in beer to allow for innovation. It is proposed that the use of a flavouring preparation would trigger an additional requirement for a mandatory declaration on the label as part of the common name (e.g. beer with blueberry flavour). This would clearly identify to consumers that flavouring preparations were added to a beer without hindering product innovation for brewers.

Repeal the standard for ale, stout, porter and malt liquor

The intent would be to repeal the standard for ale, stout, porter and malt liquor in its entirety to eliminate the duplication with the beer standard, as it allows for the same ingredients as beer. This would result in one standard for all beer types or styles. Ale, stout, porter and malt liquor are defined by the industry as types or styles of beer. The current standards do not reflect the hundreds of types or styles currently available in the marketplace. The use of the terms ale, stout, porter or malt liquor or any other term used to describe a type or style of beer can be voluntarily added to the label of the standardized beer to provide additional information to the consumer.

Additional considerations
Allergen, gluten and sulphite labelling

Currently, standardized beer is exempt from the allergen, gluten and sulphite labelling requirements of the Food and Drug Regulations. It is one of the prepackaged foods that are exempt from these requirements. The proposed changes to the beer compositional standard allow for the introduction of ingredients not previously permitted in the manufacturing of standardized beer which could include allergens. The risks associated with these allergens would be addressed through the amendment of the Food and Drug Regulations to protect the health and safety of the consumer and to enable informed consumer decisions.

Regulatory alignment

The Government of Canada is placing greater emphasis on regulatory alignment and cooperation with Canada’s major trading partners. Whenever possible, regulatory proposals should further align Canada’s regulations with what is being done internationally to prevent potential impediments to trade. Any deviations from international norms (e.g. Canada-specific requirements) must be clearly justified. Regulatory alignment will be a consideration with any proposed changes to the beer compositional standard.

Next steps

The CFIA will take into consideration all comments received during the public comment period when developing the proposed amendments to the beer compositional standards.

As part of this process, an economic survey will be distributed to stakeholders at the end of July 2017. Stakeholders will have 30 days in which to complete and submit the survey. By completing the survey, stakeholders will be providing valuable information on the impacts (qualitative and quantitative) of the regulatory initiative, which in turn will inform the development of the regulatory proposal and its cost-benefit analysis. Pending the feedback received, the CFIA anticipates prepublishing the regulatory proposal in the Canada Gazette, Part I, in spring 2018.

Comments

Interested parties may, within 60 days of the publication of this notice, provide their comments on this notice of intent, in writing, to the Director, Consumer Protection and Market Fairness Division, Food Import Export and Consumer Protection Directorate, Canadian Food Inspection Agency, 1400 Merivale Road, Tower 2, Ottawa, Ontario K1A 0Y9. Comments can also be sent by email to labelling_consultation_etiquetage@inspection.gc.ca.

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

Carbon and alloy steel line pipe

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry (Preliminary Injury Inquiry No. PI-2017-001) to determine whether the evidence discloses a reasonable indication that the alleged injurious dumping of carbon and alloy steel line pipe originating in or exported from the Republic of Korea, welded or seamless, having an outside diameter from 2.375 inches (60.3 mm) up to and including 24 inches (609.6 mm) (with all dimensions being plus or minus allowable tolerances contained in the applicable standards), including line pipe meeting or supplied to meet any one or several of API 5L, CSA Z245.1, ISO 3183, ASTM A333, ASTM A106, ASTM A53-B or their equivalents, in all grades, whether or not meeting specifications for other end uses (e.g. single-, dual-, or multiple-certified, for use in oil and gas, piling pipe, or other applications), and regardless of end finish (plain ends, beveled ends, threaded ends, or threaded and coupled ends), surface finish (coated or uncoated), wall thickness, or length, excluding galvanized line pipe and excluding stainless steel line pipe (containing 10.5 percent or more by weight of chromium), and excluding goods covered by the Canadian International Trade Tribunal’s finding in Inquiry No. NQ-2012-003 (the subject goods), has caused injury or retardation or is threatening to cause injury, as these words are defined in SIMA.

For greater certainty, the product definition includes the following:

  • (a) unfinished line pipe (including pipe that may or may not already be tested, inspected, and/or certified to line pipe specifications) originating in the Republic of Korea and imported for use in the production or finishing of line pipe meeting final specifications, including outside diameter, grade, wall-thickness, length, end finish, or surface finish; and
  • (b) non-prime and secondary pipes (“limited service products”).

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 Tribunal on or before June 26, 2017. 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 Tribunal on or before June 26, 2017.

On June 28, 2017, the Tribunal will issue a list of participants. Counsel and parties are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record, and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. One electronic copy and four bound copies of all submissions must be served on the Tribunal.

Submissions by parties opposed to the complaint must be filed not later than noon, on July 6, 2017. The complainant may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on July 13, 2017. At that time, other parties in support of the complaint may also make submissions to the Tribunal.

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 summary cannot be made.

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

Further details regarding this preliminary injury inquiry, including the schedule of key events, are contained in the sections entitled “Additional Information” and “Preliminary Injury Inquiry Schedule” of the notice of commencement of preliminary injury inquiry available on the Tribunal’s website at www.citt-tcce.gc.ca/en/whats-new.

Ottawa, June 9, 2017

[24-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER

Liquid dielectric transformers

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), that its order made on May 31, 2016, in Interim Review No. RD-2013-003, continuing, without amendment, its finding made on November 20, 2012, in Inquiry No. NQ-2012-001, concerning the dumping of liquid dielectric transformers having a top power handling capacity equal to or exceeding 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete, originating in or exported from the Republic of Korea, is scheduled to expire (Expiry No. LE-2017-001) on November 20, 2017. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date.

The Tribunal’s expiry proceeding will be conducted by way of written submissions. Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Tribunal on or before June 21, 2017. Each counsel who intends to represent a party in these proceedings must also file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before June 21, 2017.

On June 22, 2017, the Tribunal will distribute the list of participants. Counsel and parties are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. One electronic copy of all submissions must be served on the Tribunal.

Parties requesting or opposing the initiation of an expiry review of the order shall file their written public submissions containing relevant information, opinions and arguments with the Tribunal, counsel and parties of record, no later than June 30, 2017. Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. Parties wishing to respond to the submissions must do so no later than July 11, 2017.

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 summary cannot be made.

The Tribunal will issue a decision on July 25, 2017, on whether an expiry review is warranted. If the Tribunal decides that an expiry review is not warranted, the order will expire on its scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.

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

Further details regarding this proceeding, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Expiry Schedule” appended to the notice of expiry of order available on the Tribunal’s website at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/expiries.

Ottawa, June 5, 2017

[24-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website 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 website, 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 website, 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 website 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 website 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 website between June 2 and June 8, 2017.

Application filed by

Application number

Undertaking

City

Province

Deadline for submission of interventions, comments or replies

Aboriginal Multi-Media Society of Alberta

2017-0402-3

CFWE-FM-4

Grande Prairie

Alberta

July 7, 2017

Ethnic Channels Group Limited

2017-0476-8

FASHIONBOX

Across Canada

 

July 6, 2017

Canal Évasion inc.

2017-0441-1

Évasion

Across Canada

 

July 4, 2017

DECISIONS

Decision number

Publication date

Applicant’s name

Undertaking

City

Province

2017-189

June 8, 2017

9427899 Canada Inc.

CKIN-FM

Montréal

Quebec

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted (Demoss, Della Ann)

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 Della Ann Demoss, Detachment Services Assistant (CR-5), West District — Roddickton Detachment, Royal Canadian Mounted Police, Roddickton, Newfoundland and Labrador, to be a candidate, before and during the election period, for the positions of Councillor and Deputy Mayor for the Municipality of Roddickton-Bide Arm, Newfoundland and Labrador, in a municipal election to be held on September 26, 2017.

June 7, 2017

Natalie Jones
Director General
Political Activities and Non-Partisanship Directorate

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  • Footnote 1
    http://www.inspection.gc.ca/about-the-cfia/accountability/consultations-and-engagement/overview/eng/1434385891510/1434394521923
  • Footnote 2
    Definition of sugar from the Food and Drug Regulations.
  • Footnote 3
    http://www.hc-sc.gc.ca/fn-an/securit/addit/list/index-eng.php