Vol. 147, No. 45 — November 9, 2013

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2013-017

The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals referenced hereunder. These hearings will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Rooms No. 1 or No. 2, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 to obtain further information and to confirm that the hearings will be held as scheduled.

Customs Act

Cargill Inc. v. President of the Canada Border Services Agency

Date of Hearing: December 3, 2013

Appeal No.: AP-2012-070

Goods in Issue: Refined, bleached and deodorized (RBD) palm stearin bulk blend oil

Issue: Whether the goods in issue are entitled to preferential tariff treatment under the North American Free Trade Agreement.

Customs Act

Eastern Division Henry Schein Ash Arcona Inc. v. President of the Canada Border Services Agency

Date of Hearing: December 3, 2013

Appeal No.: AP-2013-026

Goods in Issue: Pola Day hydrogen peroxide gel home whitening kit

Issues: The first issue is whether the goods in issue are properly classified under tariff item No. 3306.90.00 as other preparations for oral or dental hygiene, including denture fixative pastes and powders, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 3824.90.00 as other chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included, as claimed by Eastern Division Henry Schein Ash Arcona Inc. The second issue is whether the goods in issue are entitled to the benefit of tariff item No. 9977.00.00 as articles for use in instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electromedical apparatus and sight-testing instruments, as claimed by Eastern Division Henry Schein Ash Arcona Inc.

Tariff Items at Issue: Eastern Division Henry Schein Ash Arcona Inc.—3824.90.00 and 9977.00.00
President of the Canada Border Services Agency—3306.90.00

Customs Act

Maurice Pincoffs Canada Inc. v. President of the Canada Border Services Agency

Date of Hearing: December 5, 2013

Appeal No.: AP-2013-027

Goods in Issue: Trampoline enclosures, product numbers 1231410 (14 ft.) and 1231310 (12 ft./13 ft.)

Issues: Whether the goods in issue are properly classified under tariff item No. 5608.19.90 as other made up nets, of other man-made textile materials, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9506.99.90 as other articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, as claimed by Maurice Pincoffs Canada Inc.

Tariff Items at Issue: Maurice Pincoffs Canada Inc.—9506.99.90
President of the Canada Border Services Agency—5608.19.90

The Canadian International Trade Tribunal (the Tribunal) has decided, pursuant to rule 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeal referenced hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal at 613-998-9908.

Customs Act

G. Wilkie v. President of the Canada Border Services Agency

Date of Hearing: December 4, 2013

Appeal No.: AP-2013-016

Goods in Issue: Selene’s Death Dealer pistols

Issue: Whether the goods in issue are properly classified under tariff item No. 9898.00.00 as prohibited weapons, as determined by the President of the Canada Border Services Agency.

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

November 1, 2013

By order of the Tribunal
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

PART 1 APPLICATIONS

The following applications were posted on the Commission’s Web site between October 25, 2013, and October 31, 2013:

North Superior Broadcasting Ltd.
Beardmore, Ontario
2013-1399-9
Addition of a rebroadcasting transmitter for CFNO-FM
Deadline for submission of interventions, comments and/or answers: November 25, 2013

Bell Canada
Across Canada
2013-1393-1
Addition of One Caribbean Television to the list of non-Canadian programming services authorized for distribution
Deadline for submission of interventions, comments and/or answers: November 27, 2013

Bragg Communications Incorporated
Halifax, Nova Scotia
2013-1410-4
Addition of Sky News International to the list of non-Canadian programming services authorized for distribution
Deadline for submission of interventions, comments and/or answers: November 29, 2013

La Coopérative Radio Chéticamp Limitée
Sydney, Nova Scotia
2013-1419-5
Addition of a rebroadcasting transmitter for CKJM-FM
Deadline for submission of interventions, comments and/or answers: November 29, 2013

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICES OF CONSULTATION

2013-568 October 29, 2013

Notice of hearing

January 27, 2014
Surrey, British Columbia
Deadline for submission of interventions, comments and/or answers: November 28, 2013

The Commission will hold a hearing commencing on January 27, 2014, at 9 a.m., at the Sheraton Vancouver Guildford Hotel, 15269 104th Avenue, Surrey, British Columbia, to consider the following applications:

  1. South Fraser Broadcasting Inc.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an English-language commercial FM radio station in Surrey.
  2. Idea Broadcasting Corporation
    Vancouver, British Columbia
    Application for a broadcasting licence to operate an ethnic specialty commercial FM radio station in Vancouver.
  3. Sky Radio Broadcasting Corp.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an English-language commercial FM radio station in Surrey.
  4. Mosaic Media Inc.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an English-language commercial FM radio station in Surrey.
  5. Surdel Broadcasting Inc.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an English-language commercial specialty FM radio station in Surrey.
  6. New Vision Broadcasting Inc.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an ethnic commercial specialty FM radio station in Surrey.
  7. South Asian Link Directory Ltd.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an ethnic commercial specialty FM radio station in Surrey.
  8. Akash Broadcasting Inc.
    Surrey, British Columbia
    Application for a broadcasting licence to operate an ethnic commercial specialty FM radio station in Surrey.
  9. South Asian Broadcasting Corporation Inc.
    Surrey and Abbotsford, British Columbia
    Applications to amend the broadcasting licence for the ethnic specialty commercial radio station CKYE-FM Vancouver by adding FM transmitters in Surrey and Abbotsford to rebroadcast the programming of CKYE-FM.
  10. I.T. Productions Ltd.
    Surrey, British Columbia
    Application to amend the broadcasting licence for the ethnic commercial AM radio station CJRJ Vancouver to add an FM transmitter to serve Surrey.
  11. 2308739 Ontario Inc.
    Vancouver, British Columbia
    Application for a broadcasting licence to operate an English-language commercial AM radio station in Vancouver.
  12. Sher-E-Punjab Radio Broadcasting Inc.
    Vancouver, British Columbia
    Application for a broadcasting licence to operate an ethnic commercial AM radio station in Vancouver.
  13. 0971197 B.C. Ltd.
    Vancouver, British Columbia
    Application for a broadcasting licence to operate an English-language specialty commercial FM radio station in Vancouver.
  14. Living Word Fellowship
    Aldergrove, British Columbia
    Application for a broadcasting licence to operate an English-language religious (church) FM radio station in Aldergrove.
  15. Clear Sky Radio Inc.
    Cranbrook, Fernie, Sparwood and Invermere, British Columbia
    Application for a broadcasting licence to operate an English-language commercial FM radio station in Cranbrook. The applicant also proposes to add FM transmitters in Fernie, Sparwood and Invermere to rebroadcast the programming of the proposed Cranbrook station.
  16. Newcap Inc.
    Cranbrook and Fernie, British Columbia
    Application for a broadcasting licence to operate an English-language commercial FM radio station in Cranbrook. The applicant also proposes to add an FM transmitter in Fernie to rebroadcast the programming of the proposed Cranbrook station.
  17. United Christian Broadcasters Canada
    Thunder Bay, Ontario
    Application for authority to acquire from Thunder Bay Christian Radio the assets of the specialty FM (Christian music) radio station CJOA-FM Thunder Bay.

2013-573 October 30, 2013

Notice of applications received

Across Canada
Deadline for submission of interventions, comments and/or answers: November 19, 2013

The Commission has received the following applications:

  1. Canadian Broadcasting Corporation
    Across Canada
    Applications to amend the broadcasting licences for the Espace Musique and Radio 2 networks and stations across Canada.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ORDER

2013-571 October 30, 2013

Broadcasting Licence Fees — Part Ⅱ

The Broadcasting Licence Fee Regulations, 1997, SOR/97-144, as amended by SOR/2010-157, July 7, 2010 (the Regulations), provide for the payment of a Part Ⅱ licence fee by certain licensed broadcasting undertakings. The revised Regulations were announced by the Commission in Amendments to the Broadcasting Licence Fee Regulations, 1997, Broadcasting Regulatory Policy CRTC 2010-476, July 14, 2010 (Broadcasting Regulatory Policy 2010-476).

Subsections 11(1) and 11(2) of the Regulations set out the components for the calculation of the Part Ⅱ licence fees. As per these sections of the Regulations, the total annual amount to be assessed by the Commission is the lesser of the following:

  • (a) $100,000,000, which, starting in 2011, is adjusted annually on a compound basis in accordance with the percentage increase or decrease, as the case may be, to the Consumer Price Index (CPI) for the calendar year prior to the year of the adjustment. The CPI is the annual average all-items CPI for Canada (not seasonally adjusted) that is published by Statistics Canada. As noted in Broadcasting Regulatory Policy 2010-476, the Commission will use the CPI set out in Statistics Canada Catalogue No. 62-001-XWE, Table 5, CANSIM vector number v41690973. Part Ⅱ licence fees assessed in 2012 totalled $104,752,200. For 2012, the annual average CPI was 1.5%. Thus, the adjusted value of this component for 2013 is $106,323,483.
  • (b) 1.365% multiplied by the aggregate fee revenues for the return year terminating during the previous calendar year of all licensees whose fee revenues exceed the applicable exemption levels, less the aggregate exemption level for all those licensees for that return year (i.e. $11.866 billion). In 2013 this amounts to $161,973,585.

Pursuant to subsection 11(3) of the Regulations, the Commission announces that the total amount of Part Ⅱ licence fees to be assessed by the Commission in 2013 is $106,323,483, which is the lesser of the two amounts referred to in paragraph 2 above.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

2013-577 October 31, 2013

Canadian Broadcasting Corporation
Kelowna and Grand Forks, British Columbia

Approved — Application to amend the broadcasting licence for the English-language radio station CBTK-FM Kelowna in order to operate an FM transmitter at Grand Forks to replace its AM transmitter CBRJ.

2013-583 October 31, 2013

Rogers Communications Inc., on behalf of Mountain Cablevision Limited
Across Canada

Denied — Application for authority to acquire from Rogers Communications Partnership its terrestrial broadcasting distribution undertakings serving various locations in Ontario, New Brunswick and Newfoundland and Labrador, its national video-on-demand programming undertaking known as Rogers On Demand and its terrestrial and direct-to-home national pay-per-view services known as Rogers Sportsnet.

2013-588 November 1, 2013

Rock 95 Broadcasting Ltd.
Toronto, Ontario

Approved — Application to increase the average effective radiated power of the English-language commercial radio station CIND-FM Toronto.

Erin Community Radio
Erin, Ontario

Approved — Application to increase the average effective radiated power of the English-language community radio station CHES-FM Erin.

La Clé d’la Baie en Huronie, Association culturelle francophone
Penetanguishene, Ontario

Approved — Application to add a rebroadcasting transmitter in Barrie for the French-language community radio station CFRH-FM Penetanguishene.

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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 Miguel Tremblay, National Coordinator, Data Commercial Services (PC-3), who will be on assignment as Physical Science Specialist (PC-3), Meteorological Service of Canada, Department of the Environment, Montréal, Quebec, to allow him 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 for the electoral district of Laurier-Dorion, Quebec. The date of the provincial election has not been confirmed.

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

October 23, 2013

HÉLÈNE LAURENDEAU
Senior Vice-President
Policy Branch

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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 Michel Labrecque, Manager (AS-7), Department of the Environment, Gatineau, Quebec, to be a candidate, before and during the election period, for the position of Mayor, Municipality of Lochaber-Partie-Ouest, Quebec, in a municipal election to be held on November 3, 2013.

October 28, 2013

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship Directorate

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