ARCHIVED — Vol. 146, No. 1 — January 7, 2012

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INTERIM REVIEW

Mattress innerspring units

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 76.01(1) of the Special Import Measures Act (SIMA), it has initiated an interim review (Interim Review No. RD-2011-004) of its finding made on November 24, 2009, in Inquiry No. NQ-2009-002, concerning the dumping of mattress innerspring units, with or without edgeguards, used in the manufacture of innerspring mattresses, originating in or exported from the People’s Republic of China.

On November 10, 2011, the Tribunal received a request from Owen & Company Limited (Kingsdown) for an interim review for the rescission of the finding.

The Tribunal decided that the request was properly documented and invited comments from interested parties on Kingsdown’s request. One submission was received from Simmons Canada Inc. (Simmons).

In light of Kingsdown’s request and Simmons’ submission, the Tribunal has decided, pursuant to subsection 76.01(3) of SIMA, that an interim review is warranted. The purpose of this interim review is to determine if the finding should be rescinded on the basis that there is no longer any domestic production of mattress innerspring units sold in the Canadian merchant market, as claimed by Kingsdown. Submissions already filed by interested parties have been placed on the record of the interim review. Any further submissions by interested parties respecting the request for the rescission of the finding should be filed no later than January 18, 2012. In their submissions, parties should address the issue of whether there is still any production of mattress innerspring units in Canada and, in particular, whether there is still domestic production sold in the merchant market. Each person or government that filed a submission in response to the notice of commencement of interim review will be given an opportunity to respond in writing to the representations of other persons or governments. Persons or governments wishing to respond to the submissions must do so no later than January 27, 2012. All submissions must be filed with the Tribunal in 20 copies. In accordance with paragraph 25(c) of the Canadian International Trade Tribunal Rules, the Tribunal has decided to proceed with a hearing by way of written submissions.

Submissions should be based exclusively on public information. However, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or public edited version of the confidential information. Confidential submissions will be made available to counsel who have filed the relevant declarations and undertakings.

Each person or government wishing to participate in the interim review must file a notice of participation with the Secretary on or before January 18, 2012. Each counsel who intends to represent a party in the interim review must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before January 18, 2012.

Written submissions, correspondence and requests for information regarding this notice should be addressed to 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).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The information is fully encrypted from the sender to the Tribunal.

However, parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, December 28, 2011

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Stainless steel sinks

Notice is hereby given that, on December 28, 2011, pursuant to subsection 37.1(1) of the Special Import Measures Act, the Canadian International Trade Tribunal determined that there was evidence that disclosed a reasonable indication that the dumping and subsidizing of stainless steel sinks with a single drawn bowl having a volume between 1 600 and 5 000 cubic inches (26 219.30 and 81 935.32 cubic centimetres) or with multiple drawn bowls having a combined volume between 2 200 and 6 800 cubic inches (36 051.54 and 111 432.04 cubic centimetres), excluding sinks fabricated by hand, originating in or exported from the People’s Republic of China, had caused injury or were threatening to cause injury (Preliminary Injury Inquiry No. PI-2011-002).

Ottawa, December 28, 2011

DOMINIQUE LAPORTE
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

NOTICES OF CONSULTATION

2011-803 December 22, 2011

Call for comments on amendments to various regulations, to standard conditions of licence and to an exemption order to implement measures to control the loudness of commercial messages

The Commission calls for comments on proposed amendments to the Television Broadcasting Regulations, 1987, the Specialty Services Regulations, 1990 and the Broadcasting Distribution Regulations, as well as to the standard conditions of licence for video-on-demand undertakings and the exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20 000 subscribers. The deadline for the receipt of comments is February 13, 2012.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE
UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. Section 11 of the Television Broadcasting Regulations, 1987 (see footnote 1) and the heading before it are replaced by the following:

COMMERCIAL MESSAGES

11. Except as otherwise provided under a condition of its licence, a licensee shall ensure that every commercial message that it broadcasts complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

SPECIALTY SERVICES REGULATIONS, 1990

2. The Specialty Services Regulations, 1990 (see footnote 2) are amended by adding the following after section 12:

COMMERCIAL MESSAGES

13. Except as otherwise provided under a condition of its licence, a licensee shall ensure that every commercial message that it broadcasts complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

BROADCASTING DISTRIBUTION REGULATIONS

3. The Broadcasting Distribution Regulations (see footnote 3) are amended by adding the following after section 7:

COMMERCIAL MESSAGES

7.1 (1) Except as otherwise provided under a condition of its licence, a licensee that alters the audio content or audio format of a programming service under paragraph 7(a) or (g) shall ensure that every commercial message complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

(2) Except as otherwise provided under a condition of its licence, a licensee that distributes an authorized non-Canadian programming service shall ensure that every commercial message complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

4. Section 30 of the Regulations is amended by adding the following after subsection (5):

(6) A licensee that distributes commercial messages or acknowledgements on the community channel under paragraph (1)(g), (h) or (i) shall ensure that those messages and acknowledgements comply with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

COMING INTO FORCE

5. These Regulations come into force on September 1, 2012.

2011-806 December 22, 2011

Call for comments on proposed amendments to the Broadcasting Distribution Regulations and other Commission regulations — Provisions relating to vertical integration

The Commission calls for comments on amendments to the Broadcasting Distribution Regulations, the Pay Television Regulations, 1990, the Specialty Services Regulations, 1990 and the Television Broadcasting Regulations, 1987 in order to implement certain determinations relating to vertical integration set out in Broadcasting Regulatory Policy 2011-601. The deadline for the receipt of comments is January 23, 2012.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE
UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. (1) The definition “licensed” in section 2 of the Television Broadcasting Regulations, 1987 (see footnote 4) is replaced by the following:

“licensed” means licensed by the Commission under paragraph 9(1)(b) of the Act; (autorisé)

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

“exempt distribution undertaking” means a distribution undertaking whose operator is, by order of the Commission made under subsection 9(4) of the Act, exempt from any or all of the requirements of Part Ⅱ of the Act; (exemptée)

2. Section 15 of the Regulations is renumbered as subsection 15(1) and is amended by adding the following:

(2) In any proceeding before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

3. The Regulations are amended by adding the following after section 15:

TIED SELLING

16. A licensee shall not offer its programming service for distribution as part of a package with other programming services unless it also makes its programming services available on a stand-alone basis.

DISPUTE RESOLUTION

17. (1) If there is a dispute between the licensee and the operator of a licensed distribution undertaking or an exempt distribution undertaking, concerning the carriage or terms of carriage of programming originated by the licensee — including the wholesale rate and the terms of any audit referred to in section 15.1 of the Broadcasting Distribution Regulations, one or both of the parties to the dispute may refer the matter to the Commission for dispute resolution.

(2) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute are required to participate in a mediation with a person appointed by the Commission.

(3) During the dispute resolution process, the person appointed under subsection (2) may require additional information from the parties.

PAY TELEVISION REGULATIONS, 1990

4. Section 2 of the Pay Television Regulations, 1990 (see footnote 5) is amended by adding the following in alphabetical order:

“licensed” means licensed by the Commission under paragraph 9(1)(b) of the Act; (autorisé)

5. Section 6.1 of the Regulations is amended by adding the following after subsection (2):

(3) In any proceeding before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

6. The Regulations are amended by adding the following after section 6.1:

TIED SELLING

6.2 A licensee shall not offer its programming service for distribution as part of a package with other programming services unless it also makes its programming services available on a stand-alone basis.

AVAILABILITY OF NEW PROGRAMMING SERVICES FOR DISTRIBUTION

6.3 Except as otherwise provided under a condition of its licence, a licensee that is ready to launch a new programming service shall make that programming service available for distribution by all licensed broadcasting distribution undertakings or operators of exempt distribution undertakings, despite the absence of a commercial agreement.

DISPUTE RESOLUTION

6.4 (1) If there is a dispute between the licensee and the operator of a licensed distribution undertaking or an exempt distribution undertaking, concerning the carriage or terms of carriage of programming originated by the licensee — including the wholesale rate and the terms of any audit referred to in section 15.1 of the Broadcasting Distribution Regulations, one or both of the parties to the dispute may refer the matter to the Commission for dispute resolution.

(2) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute are required to participate in a mediation with a person appointed by the Commission.

(3) During the dispute resolution process, the person appointed under subsection (2) may require additional information from the parties.

(4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the programming service of the licensee in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the Commission will resolve the dispute by means of final offer arbitration, as provided for in Broadcasting and Telecom Information Bulletin CRTC 2009-38, dated January 29, 2009, and the rates, terms and conditions established by the Commission will apply as of the date on which the programming service was first made available to the distributor in the absence of a commercial agreement.

(5) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a newly launched programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the parties will be bound by the rates, terms and conditions established by the Commission for the duration of the contractual term established by the Commission.

(6) Despite subsections (4) and (5), the parties may reach an agreement with respect to rates, terms or conditions that differ from those established by the Commission.

7. Section 7 of the Regulations is replaced by the following:

7. (1) During any dispute between a licensee and a person licensed to carry on a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming originated by the licensee or concerning any right or obligation under the Act, the licensee shall continue to provide its programming services at the same rates and on the same terms and conditions as it did before the dispute.

(2) For the purposes of subsection (1), a dispute exists from the moment that written notice of the dispute is provided to the Commission and served on the other undertaking that is party to the dispute and ends when an agreement settling the dispute is reached by the concerned undertakings or, if no such agreement is reached, when the Commission renders a decision concerning any unresolved matter.

SPECIALTY SERVICES REGULATIONS, 1990

8. Section 2 of the Specialty Services Regulations, 1990 (see footnote 6) is amended by adding the following in alphabetical order:

“licensed” means licensed by the Commission under paragraph 9(1)(b) of the Act; (autorisé)

9. Section 10.1 of the Regulations is renumbered as subsection 10.1(1) and is amended by adding the following:

(2) In any proceeding before the Commission, the burden of establishing that any preference or disadvantage is not undue is on the licensee that gives the preference or subjects the person to the disadvantage.

10. The Regulations are amended by adding the following after section 10.1:

TIED SELLING

10.2 A licensee shall not offer its programming service for distribution as part of a package with other programming services unless it also makes its programming services available on a stand-alone basis.

AVAILABILITY OF NEW PROGRAMMING SERVICES FOR DISTRIBUTION

10.3 Except as otherwise provided under a condition of its licence, a licensee that is ready to launch a new programming service shall make that programming service available for distribution by all licensed broadcasting distribution undertakings or operators of exempt distribution undertakings, despite the absence of a commercial agreement.

DISPUTE RESOLUTION

10.4 (1) If there is a dispute between the licensee and the operator of a licensed distribution undertaking or an exempt distribution undertaking, concerning the carriage or terms of carriage of programming originated by the licensee — including the wholesale rate and the terms of any audit referred to in section 15.1 of the Broadcasting Distribution Regulations, one or both of the parties to the dispute may refer the matter to the Commission for dispute resolution.

(2) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute are required to participate in a mediation with a person appointed by the Commission.

(3) During the dispute resolution process, the person appointed under subsection (2) may require additional information from the parties.

(4) If a licensed distribution undertaking or an exempt distribution undertaking distributes the programming service of the licensee in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the Commission will resolve the dispute by means of final offer arbitration, as provided for in Broadcasting and Telecom Information Bulletin CRTC 2009-38, dated January 29, 2009, and the rates, terms and conditions established by the Commission will apply as of the date on which the programming service was first made available to the distributor in the absence of a commercial agreement.

(5) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a newly launched programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the parties will be bound by the rates, terms and conditions established by the Commission for the duration of the contractual term established by the Commission.

(6) Despite subsections (4) and (5), the parties may reach an agreement with respect to rates, terms or conditions that differ from those established by the Commission.

11. Section 11 of the Regulations is replaced by the following:

11. (1) During any dispute between a licensee and a person licensed to carry on a distribution undertaking or the operator of an exempt distribution undertaking concerning the carriage or terms of carriage of programming originated by the licensee or concerning any right or obligation under the Act, the licensee shall continue to provide its programming services at the same rates and on the same terms and conditions as it did before the dispute.

(2) For the purposes of subsection (1), a dispute exists from the moment that written notice of the dispute is provided to the Commission and served on the other undertaking that is party to the dispute and ends when an agreement settling the dispute is reached by the concerned undertakings or, if no such agreement is reached, when the Commission renders a decision concerning any unresolved matter.

BROADCASTING DISTRIBUTION REGULATIONS

12. Paragraph (c) of the definition “voting interest” in subsection 4(1) of the Broadcasting Distribution Regulations (see footnote 7) is replaced by the following:

  1. (c) a partnership, a trust, an association or a joint venture, means an interest or right in the assets of it that entitles the owner to receive a share of its profits, to receive a share of its assets on dissolution and to participate directly in its management or to vote on the election of the persons to be entrusted with the power and responsibility to manage it; and

13. (1) Subsections 12(4) and (5) of the Regulations are replaced by the following:

(4) If the Commission accepts a referral of a matter for dispute resolution, the parties to the dispute are required to participate in a mediation with a person appointed by the Commission.

(2) Subsection 12(7) of the Regulations is replaced by the following:

(7) During the dispute resolution process, the person appointed under subsection (4) may require additional information from the parties.

(3) Section 12 of the Regulations is amended by adding the following after subsection (8):

(9) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the Commission will proceed to resolve the matter by means of a final offer arbitration, as provided for in Broadcasting and Telecom Information Bulletin CRTC 2009-38, dated January 29, 2009, and the rates, terms and conditions established by the Commission will apply as of the date on which the programming service was first made available to the distributor in the absence of a commercial agreement.

(10) If the dispute relates to the rates, terms or conditions, or any combination of them, surrounding a newly launched programming service that is being distributed in the absence of a commercial agreement and the matter proceeds before the Commission for dispute resolution, the parties will be bound by the rates, terms and conditions established by the Commission for the duration of the contractual term established by the Commission.

(11) Despite subsections (9) and (10), the parties may reach an agreement with respect to rates, terms or conditions that differ from those established by the Commission.

14. The Regulations are amended by adding the following after section 15:

OBLIGATION DURING DISPUTE

15.01 (1) During any dispute between a licensee and a person licensed to carry on a programming undertaking or the operator of an exempt programming undertaking concerning the carriage or terms of carriage of programming or concerning any right or obligation under the Act, the licensee shall continue to provide its programming services at the same rates and on the same terms and conditions as it did before the dispute.

(2) For the purposes of subsection (1), a dispute exists from the moment that written notice of the dispute is provided to the Commission and served on the other undertaking that is party to the dispute and ends when an agreement settling the dispute is reached by the concerned undertakings or, if no such agreement is reached, when the Commission renders a decision concerning any unresolved matter.

OBLIGATION TO PROGRAMMING UNDERTAKINGS REGARDING
DISTRIBUTION WITHOUT AGREEMENT

15.02 A licensee who distributes a newly launched programming service with respect to which it has no commercial agreement shall abide by the rates, terms and conditions established by the operator of the concerned programming undertaking until a commercial agreement is reached between the parties or the Commission renders a decision concerning any unresolved matter.

15. (1) The portion of subsection 19(2) of the Regulations before paragraph (a) is replaced by the following:

(2) For the purposes of subsections (3) and (3.1), a Category B service includes

(2) Subsections 19(3) and (4) of the Regulations are replaced by the following:

(3) Except as otherwise provided under a condition of its licence and subject to subsections (3.1) to (4), a licensee shall, for each Category B service and each exempt third-language service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least three Category B services or at least three exempt third-language services — or any combination of at least three of those services — of unrelated programming undertakings.

(3.1) Except as otherwise provided under a condition of its licence, a licensee shall, for each Category B service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least one Category B service for which no licensee of a distribution undertaking or operator of an exempt distribution undertaking holds, directly or indirectly, an interest or right in the assets.

(3.2) If the Category B service of the related programming undertaking referred to in subsections (3) and (3.1) is an English-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be English-language services of which at least one shall be a Category B service in which no licensee of a distribution undertaking or operator of an exempt distribution undertaking holds, directly or indirectly, an interest or right in the assets.

(4) If the Category B service of the related programming undertaking referred to in subsections (3) and (3.1) is a French-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be services of which at least one shall be a French-language Category B service in which no licensee of a distribution undertaking or operator of an exempt distribution undertaking holds, directly or indirectly, an interest or right in the assets.

COMING INTO FORCE

16. These Regulations come into force on the day on which they are registered.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

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

2011-807 December 22, 2011

Beanfield Technologies Inc.
Toronto (East Bayfront and West Don Lands), Ontario

Approved — Application for a broadcasting licence to operate a terrestrial broadcasting distribution undertaking to serve Toronto (East Bayfront and West Don Lands).

2011-808 December 22, 2011

Radio Sherbrooke Inc.
Sherbrooke, Quebec

Approved — Application to revoke the broadcasting licence for the French-language commercial FM radio programming undertaking CJTS-FM.

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Footnote 1
SOR/87-49

Footnote 2
SOR/90-106

Footnote 3
SOR/97-555

Footnote 4
SOR/87-49

Footnote 5
SOR/90-105

Footnote 6
SOR/90-106

Footnote 7
SOR/97-555