Vol. 141, No. 40 — October 6, 2007

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2007-006

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal listed hereunder. The hearing will be held beginning at 9:30 a.m., in the Tribunal's Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 for further information and to ensure that the hearing will be held as scheduled.

Customs Act

Appellant v. Respondent (President of the Canada Border Services Agency)

October 2007

Date	Appeal Number	Appellant
30	AP-2007-002 Goods in Issue:	Superex Canada Ltd. Jumpstart System Portable Power Supply, Model No. 59-254
	Date of Entry:	December 9, 2004
	At issue:	Whether the goods at issue should be classified as other static converters as claimed by the appellant or are properly classified as other electric accumulators, including separators therefor, whether or not rectangular (including square) as determined by the respondent.
	Tariff Items at Issue Appellant: Respondent:	8504.40.90 8507.20.90

September 27, 2007

By order of the Tribunal

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DECISION

Appeal No. AP-2006-005

Notice is hereby given that the Canadian International Trade Tribunal made a decision on September 27, 2007, with respect to an appeal filed by MRP Retail Inc. from a decision of the President of the Canada Border Services Agency dated March 17, 2006, with respect to a request for redetermination under subsection 60(4) of the Customs Act.

The appeal, heard on November 15, 2006, under subsection 67(1) of the Customs Act, was allowed.

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

Ottawa, September 27, 2007

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DECISION

Appeal Nos. AP-2006-016 and AP-2006-018

Notice is hereby given that the Canadian International Trade Tribunal made a decision on September 27, 2007, with respect to appeals filed by Pelco Worldwide Headquarters from decisions of the President of the Canada Border Services Agency dated May 8, May 16 and June 5, 2006, with respect to requests for redetermination under subsection 60(4) of the Customs Act.

The appeals, heard on April 17, 2007, under subsection 67(1) of the Customs Act, were dismissed.

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

Ottawa, September 27, 2007

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Professional, administrative and management support services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File Nos. PR-2007-010 and PR-2007-012) on September 5, 2007, with respect to complaints filed by Bureau d'études stratégiques et techniques en économique (B.E.S.T.E.), of Québec, Quebec, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. SEL-2007-A-032436-1) by the Canadian International Development Agency (CIDA). The solicitation was for consulting services in support of the Maghreb Program (Morocco).

B.E.S.T.E. alleged that CIDA had not complied with clause 2.3 of the Request for a Summary Proposal that led to believe that there could have been a conflict of interest and that the contract winner apparently did not have expertise in local governance. B.E.S.T.E. also alleged that there was a breach, by CIDA, with regard to the detailed assessment grid, more specifically, the sub-requirements and their weighting, and the absence of explanation supporting the points received.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the Tribunal determined that the complaints were valid.

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

Ottawa, September 26, 2007

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Construction services

The Canadian International Trade Tribunal (the Tribunal) has received two complaints (File Nos. PR-2007-053 and PR-2007-054) from Serco Facilities Management Inc. (Serco), of Happy Valley-Goose Bay, Newfoundland and Labrador, concerning procurements (Solicitation Nos. GB-18826 and GB-18829) by Defence Construction Canada on behalf of the Department of National Defence. The solicitations are for construction services. 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 complaints. Interested parties were advised of the Tribunal's decision on September 25, 2007.

Serco has alleged that Defence Construction Canada improperly rejected the tenders that it submitted in response to the above-noted solicitations.

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

Ottawa, September 25, 2007

HÉLÈNE NADEAU
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Central Building, Les Terrasses de la Chaudière, Room 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 983-8274 (TDD), 204-983-6317 (fax);

— 530–580 Hornby Street, Vancouver, British Columbia V6C 3B6, 604-666-2111 (telephone), 666-0778 (TDD), 604-666-8322 (fax);

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);

— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).

Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.

Secretary General

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2007-355 September 26, 2007

Rogers Sportsnet Inc.
Across Canada

Approved — Amendment to the broadcasting licence for the national, English-language specialty television programming undertaking known as Sportsnet in order to allow the service to be available for distribution in high definition format.

2007-356 September 26, 2007

Persona Communications Corp.
Across Canada

Approved — Authority to transfer the effective control of Persona Communications Corp. and its wholly-owned subsidiary Northern Cablevision Ltd. to 4402511 Canada Inc., a wholly-owned subsidiary of Bragg Communications Incorporated.

2006-631-1 September 27, 2007

Radio Drummond
Drummondville, Quebec

Erratum — The Commission corrects paragraph 10 of the English-language version of Broadcasting Decision CRTC 2006-631.

2007-357 September 27, 2007

Norwesto Communications Ltd.
Vermilion Bay and Sioux Lookout, Ontario

Approved — New transmitter at Sioux Lookout.

2007-358 September 28, 2007

Standard Radio Inc.
Richmond and Vancouver, British Columbia

Approved — Digital radio programming undertakings in association with CISL Richmond and CKZZ-FM Vancouver.

2007-359 September 28, 2007

Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership, carrying on business as Astral Media Radio G.P.
Across Canada

Approved — Acquisition of assets of the broadcasting undertakings of Standard Radio Inc. listed in Appendix 1 to the decision.

2007-360 September 28, 2007

Rogers Media Inc., on behalf of 1708487 Ontario Inc., 1738700 Ontario Inc. and CHUM Television Vancouver Inc.
Vancouver, British Columbia; Edmonton and Calgary, Alberta; Portage la Prairie/Winnipeg, Manitoba; and Toronto, Ontario

Approved — Transfer of effective control of 1708487 Ontario Inc., 1738700 Ontario Inc. and CHUM Television Vancouver Inc. to Rogers Media Inc.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2007-10-2

Review of the regulatory frameworks for broadcasting distribution undertakings and discretionary programming services

Further to its Broadcasting Notice of Public Hearing CRTC 2007-10, dated July 5, 2007, relating to a public hearing initially scheduled to be held commencing on January 28, 2008, at 9 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec, the Commission is extending the deadline for the filing of comments from October 9 to October 19, 2007. The deadline for the filing of replies is extended from November 5 to November 16, 2007. In addition, the Commission will commence the oral public hearing one week later than previously announced. Specifically, the Commission will hold the hearing commencing on February 4, 2008, at 9 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.

September 26, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2007-12-4

Further to its Broadcasting Notices of Public Hearing CRTC 2007-12 dated August 31, 2007, CRTC 2007-12-1 dated September 7, 2007, 2007-12-2 dated September 12, 2007, and 2007-12-3 dated September 20, 2007, relating to a public hearing which will be held on October 30, 2007, at 9:30 a.m., at the Best Western Inn, 2400 Highway 97 N, Kelowna, British Columbia, the Commission announces that the following item is withdrawn from this public hearing and will be rescheduled at a later date:

Item 25

Gaspé and Rivière-au-Renard, Quebec

Application Nos. 2007-0898-5 and 2007-0905-8

Applications by Radio du Golfe inc. for a licence to operate a French-language FM radio programming undertaking in Gaspé. The applicant also proposes to add a low-power FM transmitter in Rivière-au-Renard to broadcast the programming of the new undertaking in Gaspé.

The preamble is amended and the changes are in bold:

On March 12, 2007, the Commission issued Broadcasting Public Notice CRTC 2007-25 calling for applications for broadcasting licences to provide radio programming services from Kelowna, British Columbia.

In response to these calls, the Commission has received a number of applications for licences to serve this market.

Some of the applications are technically mutually exclusive. These applications are

Items 1 to 7, 9 and 11 are technically mutually exclusive proposing the use of the frequency 96.3 MHz and 96.1 MHz.

These applications along with items 8 and 10 will be treated as competitive radio applications for Kelowna.

September 26, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-103-1

Further to its Broadcasting Public Notice CRTC 2007-103 dated September 18, 2007, the Commission announces that the following item is amended and the changes are in bold:

Correction to Item 1

Winnipeg, Manitoba

Application No. 2007-1149-1

Application by Newcap Radio Manitoba Inc. (Newcap) relating to the licence of the commercial English-language radio programming undertaking CHNK-FM Winnipeg, Manitoba.

The licensee proposes to change the authorized contours by increasing the effective radiated power from 1300 W to an average effective radiated power of 60 200 W, by increasing the effective antenna height and by relocating the transmitter (maximum effective radiated power of 100 000 W / effective antenna height 176.1 m).

Following receipt of a copy of the technical brief that was filed with Industry Canada, the Commission revises the average effective radiated power (ERP) of 55 000 W to reflect the average ERP in the technical brief which is 60 200 W. The Commission notes that there is no change to the contour maps provided in the application and the technical brief.

September 26, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-108

The Commission has received the following applications. The deadline for submission of interventions and/or comments is November 1, 2007.

1. Burlingham Communications Inc.
Peterborough, Ontario

To amend the licence of the English-language commercial radio programming undertaking CIWV-FM Hamilton/ Burlington, Ontario.

2. Burlingham Communications Inc.
Ottawa, Ontario

To amend the licence of the English-language commercial radio programming undertaking CIWV-FM Hamilton/ Burlington, Ontario.

September 27, 2007

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2007-109

The Commission has received the following application. The deadline for submission of interventions and/or comments is October 8, 2007.

1. Amherst Island Radio Broadcasting Inc.
Stella, Ontario

To amend the licence of the developmental community radio programming undertaking CJAI-FM Stella, Ontario.

September 28, 2007

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave 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 114(4) of the said Act, to Edelweiss D'Andrea, Writer-Editor (IS-2), Statistics Canada, Ottawa, Ontario, to allow her to seek nomination as a candidate before and during the election period, in the next provincial election that will be held on October 10, 2007, for the electoral district of Ottawa South, Ontario.

The Public Service Commission of Canada, pursuant to subsection 114(5) of that Act, also grants a leave of absence without pay during the election period effective at close of business on the first day of the election period to allow her to be a candidate during this election.

September 17, 2007

MARIA BARRADOS
President

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave 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 114(4) of the said Act, to Karolyne Pickett, Advisor, Species at Risk (BI-03), Fisheries and Oceans Canada, Ottawa, Ontario, 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 next provincial election that will be held on October 10, 2007, for the electoral district of Glengarry-Prescott-Russell, Ontario.

The Public Service Commission of Canada, pursuant to subsection 114(5) of that Act, also grants a leave of absence without pay during the election period effective close of business on the first day of the election period to allow her to be a candidate during this election.

September 19, 2007

MARIA BARRADOS
President

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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 Robert Barry Foley, Electrician (GL-EIM-11), Canadian Forces Base, Wainwright, Department of National Defence, Wainwright, Alberta, to allow him to be a candidate for the position of Councillor in the Town of Wainwright, Alberta, municipal election to be held on October 15, 2007.

September 21, 2007

MARIA BARRADOS
President

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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 André Gareau, Heritage Presenter (GT-01), Banff Visitor Centre, Banff National Park, Parks Canada Agency, Alberta, to allow him to be a candidate for the position of Councillor in the Town of Canmore, Alberta, municipal election to be held on October 15, 2007.

September 21, 2007

MARIA BARRADOS
President

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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 Alastair David MacKenzie, Records Clerk (CR-04), Royal Canadian Mounted Police, Edmonton, Alberta, to allow him to be a candidate for the position of Councillor in the Town of Bon Accord, Alberta, municipal election to be held on October 15, 2007.

September 21, 2007

MARIA BARRADOS
President

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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 James Ogston, Field Technologist (EG-04), Defence Research and Development Canada, Department of National Defence, Suffield, Alberta, to allow him to be a candidate for the position of Alderman in the City of Medicine Hat, Alberta, municipal election to be held on October 15, 2007.

September 20, 2007

MARIA BARRADOS
President

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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 Robb Stuart, Hydrometric Technologist (EG-05), Water Survey, Meteorological Service of Canada, Environment Canada, Calgary, Alberta, to allow him to be a candidate for the position of Mayor in the Town of Bowden, Alberta, municipal election to be held on October 15, 2007.

September 17, 2007

MARIA BARRADOS
President

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NOTICE:
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