Canada Gazette, Part I, Volume 154, Number 24: COMMISSIONS

June 13, 2020

CANADA ENERGY REGULATOR

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Priogen Power LLC

By an application dated May 29, 2020, Priogen Power LLC (the “Applicant”) has applied to the Commission of the Canada Energy Regulator (the “Commission”), under Division 2 of Part 7 of the Canadian Energy Regulator Act (the “Act”), for authorization to export up to 2 000 000 MWh of combined firm and interruptible energy annually for a period of 10 years.

The Commission wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that the application be designated for a licensing procedure. The directions on procedure that follow explain in detail the procedure that will be used.

The Canada Energy Regulator (the “CER”) is dedicated to the safety and well-being of its staff, Indigenous communities, the public, and all those with whom it works closely. For more information on how the CER is continuing its regulatory oversight during the COVID-19 pandemic, please refer to the letter issued March 16, 2020.

Jean-Denis Charlebois
Secretary of the Commission of the Canada Energy Regulator

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2020-002

The Canadian International Trade Tribunal has decided, pursuant to rule 25 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 613‑993‑3595.

Customs Act
Gamma Sales Inc. v. President of the Canada Border Services Agency

Date of Hearing

July 14, 2020

Appeal No.

AP-2017-029

Goods in Issue

GMAX Carbide Full Face Modular Snowmobile Helmets, Style No. GM64

Issue

Whether the goods in issue are properly classified under tariff item No. 6506.10.90 as "other safety headgear", as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 6506.10.10 as "other athletic protective headgear", as claimed by Gamma Sales Inc.

Tariff Items at Issue

Gamma Sales Inc.—6506.10.10
President of the Canada Border Services Agency—6506.10.90

CANADIAN INTERNATIONAL TRADE TRIBUNAL

REVIEW
(E-REGISTRY PILOT PROJECT)

Hot-rolled carbon steel plate

On April 30, 2020, pursuant to paragraph 76.1(1)(b) of the Special Import Measures Act (SIMA), the Minister of Finance asked the Canadian International Trade Tribunal to review (Review No. NQ-2013-005R) its finding of May 20, 2014, in Inquiry No. NQ-2013-005, that the dumping of certain hot-rolled carbon steel plate from the Federative Republic of Brazil, the Kingdom of Denmark, the Republic of Indonesia, the Italian Republic, Japan and the Republic of Korea was threatening to cause injury to the domestic industry, and to have regard to the recommendations and rulings of the Dispute Settlement Body of the World Trade Organization (WTO) in relation to the WTO panel report in Canada — Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482). The Tribunal hereby gives notice that it has initiated such a review.

The Minister also requested that the Canada Border Services Agency (CBSA) review its decisions taken under subsection 41(1) of SIMA in respect of individual exporters with de minimis margins of dumping, i.e. steel plate exported by Hyundai Steel Company. The outcome of the CBSA review may require that the Tribunal review its threat of injury finding. The CBSA notice regarding the initiation of its review can be found on the CBSA website.

The Tribunal invites parties interested in participating in this review to file a notice of participation with the Tribunal on or before June 22, 2020. Each counsel who intends to represent a party in this proceeding must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before June 22, 2020.

On August 7, 2020, the Tribunal will distribute a Revised Investigation Report to the parties.

The hearing in this review will be conducted in writing. Any party wishing to file a submission must do so no later than August 24, 2020. Parties wishing to respond to the submissions must do so no later than August 31, 2020.

Submissions should consist of argument strictly in relation to the threat of injury finding, having particular regard to the Revised Investigation Report. No new or supplemental evidence will be accepted.

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service. The information is fully encrypted from the sender to the Tribunal.

Notices of participation and representation, as well as a declaration and undertaking should be filed electronically through the Tribunal’s Secure E-filing Service.

Following receipt of the notices of participation and representation and the declaration of undertakings, the Tribunal will send a letter to counsel and parties with information on the E-Registry Service pilot and the filing of documents.

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.

On October 14, 2020, the Tribunal will make a decision, including reaffirming its threat of injury finding or replacing it with a negative finding.

Enquiries regarding this notice should be addressed to the Deputy Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

The document entitled “Review Schedule” is appended to the notice of review available on the Tribunal’s website.

Ottawa, June 1, 2020

CANADIAN INTERNATIONAL TRADE TRIBUNAL

REVIEW
(E-REGISTRY PILOT PROJECT)

Oil country tubular goods

On April 30, 2020, pursuant to paragraph 76.1(1)(b) of the Special Import Measures Act (SIMA), the Minister of Finance asked the Canadian International Trade Tribunal to review (Review No. NQ-2014-002R) its finding of April 2, 2015, in Inquiry No. NQ-2014-002, that the dumping of oil country tubular goods from Chinese Taipei, the Republic of India, the Republic of Indonesia, the Republic of the Philippines, the Republic of Korea, the Kingdom of Thailand, the Republic of Turkey, Ukraine and the Socialist Republic of Vietnam was threatening to cause injury to the domestic industry, and to have regard to the recommendations and rulings of the Dispute Settlement Body of the World Trade Organization (WTO) in relation to the WTO panel report in Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482). The Tribunal hereby gives notice that it has initiated such a review.

The Minister also requested that the Canada Border Services Agency (CBSA) review its decisions taken under subsection 41(1) of SIMA in respect of individual exporters with de minimis margins of dumping, i.e. oil country tubular goods exported by Hyundai Hysco Co., Ltd., and Borusan Mannesmann Boru Sanayi ve Ticaret A.Ş. The outcome of the CBSA review may require that the Tribunal review its threat of injury finding. The CBSA notice regarding the initiation of its review can be found on the CBSA website.

The Tribunal invites parties interested in participating in this review to file a notice of participation with the Tribunal on or before June 22, 2020. Each counsel who intends to represent a party in this proceeding must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before June 22, 2020.

On August 7, 2020, the Tribunal will distribute a Revised Investigation Report to the parties.

The hearing in this review will be conducted in writing. Any party wishing to file a submission must do so no later than August 17, 2020. Parties wishing to respond to the submissions must do so no later than August 24, 2020.

Submissions should consist of argument strictly in relation to the threat of injury finding, having particular regard to the Revised Investigation Report. No new or supplemental evidence will be accepted.

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service. The information is fully encrypted from the sender to the Tribunal.

Notices of participation and representation, as well as a declaration and undertaking should be filed electronically through the Tribunal’s Secure E-filing Service.

Following receipt of the notices of participation and representation and the declaration of undertakings, the Tribunal will send a letter to counsel and parties with information on the E-Registry Service pilot and the filing of documents.

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.

On September 23, 2020, the Tribunal will make a decision, including reaffirming its threat of injury finding or replacing it with a negative finding.

Enquiries regarding this notice should be addressed to the Deputy Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

The document entitled “Review Schedule” is appended to the notice of review available on the Tribunal’s website.

Ottawa, June 1, 2020

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website the decisions, notices of consultation, regulatory policies, information bulletins and orders that it publishes. 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, 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 May 29 and June 4, 2020.

Application filed by

Application number

Undertaking

City

Province

Deadline for submission of interventions, comments or replies

Radio Blanc-Sablon inc.

2020-0167-6

CFBS-FM

Lourdes-de-Blanc-Sablon

Quebec

June 29, 2020

Radio communautaire Cornwall-Alexandria Inc.

2020-0217-9

CHOD-FM

Cornwall

Ontario

July 2, 2020

Canadian Broadcasting Corporation

2020-0237-7

CBJ-FM

Saguenay

Quebec

July 3, 2020

DECISIONS

Decision number

Publication date

Applicant’s name

Undertaking

City

Province

2020-177

June 1, 2020

Evanov Radio Group Inc.

CHRF

Montréal

Quebec

2020-179

June 3, 2020

Manager, Technology Infrastructure, Government of Yukon

Radiocommunication distribution undertaking

Mount Jubilee

Yukon

NAFTA SECRETARIAT

DECISION

Softwood lumber 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 determination made by the U.S. International Trade Commission (ITC) respecting “SOFTWOOD LUMBER FROM CANADA”, issued its decision on May 22, 2020 (Secretariat File No.: USA-CDA-2018-1904-03).

In the May 22nd decision, the binational panel affirmed in part the agency’s determination respecting “Softwood Lumber from Canada: Final Injury Determination.”

The public version of the decision is available on the NAFTA Secretariat website under “Decisions and Reports.”

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, and as amended, on March 29, 2008.

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 (TCT), North American Free Trade Agreement, 111 Sussex Drive, 5th Floor, Ottawa, Ontario K1A 0G2, 343‑203‑4269.

André François Giroux
Canadian Secretary

PARKS CANADA AGENCY

SPECIES AT RISK ACT

Description of critical habitat of the Eastern Foxsnake (Carolinian population) in Point Pelee National Park of Canada and Eastern Foxsnake (Great Lakes/St. Lawrence population) in Georgian Bay Islands National Park of Canada

The Eastern Foxsnake (Pantherophis gloydi), Carolinian and Great Lakes/St. Lawrence populations, is a snake listed on Schedule 1 of the Species at Risk Act. Eastern Foxsnakes require a mosaic of habitat types, including open foraging habitat, thermoregulating sites, suitable hibernation sites, egg-laying sites and natural corridors linking them. Eastern Foxsnakes are usually associated with shorelines, islands or wetlands near the Great Lakes. The Eastern Foxsnake occurs in two restricted regions of Ontario, the Carolinian Forest region (Carolinian population) and the eastern side of Georgian Bay (Great Lakes/St. Lawrence population).

The Recovery Strategy for the Eastern Foxsnake (Pantherophis gloydi), Carolinian and Great Lakes/St. Lawrence Populations, in Canada identifies critical habitat in Point Pelee National Park of Canada for the Carolinian population and in Georgian Bay Islands National Park of Canada for the Great Lakes/St. Lawrence population.

Notice is hereby given, pursuant to subsection 58(2) of the Species at Risk Act, that 90 days after the date of publication of this notice, subsection 58(1) of the Act will apply to the critical habitat of the Eastern Foxsnake, Carolinian and Great Lakes/St. Lawrence populations, identified in the recovery strategy for that species that is included in the Species at Risk Public Registry, and that is located within Point Pelee National Park of Canada and Georgian Bay Islands National Park of Canada, the boundaries of which are described in Schedule 1 to the Canada National Parks Act.

Louis R. Lavoie
Field Unit Superintendent
Southwestern Ontario Field Unit

Katherine Patterson
Field Unit Superintendent
Georgian Bay and Ontario East Field Unit