ARCHIVED — Vol. 151, No. 32 — August 12, 2017

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COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of charities

The following notice of proposed revocation was sent to the charities listed below revoking them for failure to meet the parts of the Income Tax Act as listed in this notice:

“Notice is hereby given, pursuant to paragraph 168(1)(b) and subsection 149.1(2) of the Income Tax Act, that I propose to revoke the registration of the organizations listed below and that the revocation of registration is effective on the date of publication of this notice.”

Business Number

Name/Address

118856277RR0001

CHRISTIAN EMBASSY OF CANADA, LANGLEY, B.C.

119221505RR0001

THE CECI HEINRICHS FOUNDATION FOR DEVELOPMENTALLY HANDICAPPED CHILDREN, GUELPH, ONT.

849352075RR0001

VICKI AND STAN ZACK FAMILY FOUNDATION

864286638RR0001

GILEAD WHOLENESS CENTRE(S), WATFORD, ONT.

Tony Manconi
Director General
Charities Directorate

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CANADIAN FOOD INSPECTION AGENCY

CANADIAN FOOD INSPECTION AGENCY ACT

Notice Amending the Canadian Food Inspection Agency Fees Notice

The Minister of Health, pursuant to subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act, hereby fixes fees by amending the Canadian Food Inspection Agency Fees Notice, published in the Canada Gazette, Part I, on May 13, 2000, in accordance with the annexed notice.

Ottawa, July 28, 2017

The Honourable Jane Philpott
Minister of Health

Notice Amending the Canadian Food Inspection Agency Fees Notice

Amendments

1. The definition of “related costs” is repealed from subitem 1(1) of Part 11 of the Canadian Food Inspection Agency Fees Notice.

2. The portion of item 6 of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

6.

$217.50

3. The portion of item 18 of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

18.

$217.50

4. The portion of subitem 25(2) of the Table to Part 11 of the Notice in Column 1 is replaced by the following:

Item

Column 1

Service, Right, Product, Privilege or Use

25.

(2) For the testing for brucellosis, by an inspector or an employee of the Agency, of cattle for export to the United States, for each animal tested on each premises

5. The portion of subitem 26(2) of the Table to Part 11 of the Notice in Column 1 is replaced by the following:

Item

Column 1

Service, Right, Product, Privilege or Use

26.

(2) For the testing for brucellosis, by an inspector or an employee of the Agency, of ruminants, other than cattle, ovines and caprines, for export to the United States or Mexico, for each animal tested on each premises

6. The portion of paragraph 44(1)(a) of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

44.

$380

7. The portion of paragraph 44(1)(b) of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

44.

$525

8. The portion of paragraph 44(1)(c) of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

44.

$1050

9. The portion of subitem 45(2) of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

45.

$525

10. The portion of subitem 45(3) of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

45.

$60

11. The portion of subitem 45(4) of the Table to Part 11 of the Notice in Column 2 is replaced by the following:

Item

Column 2

Fee

45.

$525

12. The amendments enter into force on July 28, 2017.

EXPLANATORY NOTE

The publication of the CFIA Fees Notice in May 2000 consolidated the majority of the fee-setting authority for the CFIA under the Canadian Food Inspection Agency Act (CFIA Act). In 2013, responsibility for the CFIA Act was given to the Minister of Health; therefore, the Minister of Health now has the authority to fix fees under the CFIA Fees Notice.

The Standing Joint Committee for the Scrutiny of Regulations (the Committee) has identified concerns regarding the CFIA Fees Notice, including discrepancies between the English and French versions; a lack of consistency between various provisions; fees being fixed or exempted in an unauthorized way; and other minor editorial issues. The majority of these concerns were addressed by the CFIA through amendments made in 2010 and 2012.

The CFIA is addressing two outstanding concerns that were raised by the Committee, in Part 11 of the CFIA Fees Notice, which relate specifically to the Health of Animals Fees.

A summary of the Committee’s issues and the amendments follows below. These amendments to the CFIA Fees Notice will not introduce any new fees or trigger the User Fees Act requirements.

Issue No. 1: Authority to fix fees

Part 11 of the CFIA Fees Notice provides for the payment of fees of a fixed amount “plus related costs.” The term “related costs” is defined to mean the “costs of transportation, accommodation and meals and incidentals and other expenses relating to the provision of a service, in an amount determined in accordance with the Treasury Board Travel Directive.” The definition of “related costs” incorporates by reference the Treasury Board Travel Directive, which has been replaced by the National Joint Council’s Travel Directive, in the CFIA Fees Notice. Referencing the Travel Directive is not fixing a fee, but instead enables the setting or establishing of a fee that can be amended from time to time by the National Joint Council. The Committee views this as being unauthorized, as the CFIA Act provides the Minister with the authority to fix fees and not to set or establish fees that can be further amended by other parties.

To address this issue, the definition of “related costs” in subsection 1(1) and all other references to “plus related costs”, including in items 6 and 18, paragraphs 44(1)(a), 44(1)(b), 44(1)(c), and subitems 45(2), 45(3) and 45(4) from Column 2 in the Table to Part 11, will be repealed. The fixed portion of the fee (i.e. the inspection fee) for these services will continue to be collected.

Issue No. 2: Lack of clarity of fee descriptions

The Committee has indicated that the term “on the premises,” as used throughout the Table to Part 11, is not specific or clear enough. Most references to “on the premises” were already changed to “on each premises” through updates made to the CFIA Fees Notice in 2010 and 2012. Subitem 25(2) of the Table to Part 11 of the CFIA Fees Notice will be amended to correct a typographical error in the term “on each premises” and the one remaining reference to “on the premises” in subitem 26(2) of the Table to Part 11 of the CFIA Fees Notice will be amended to say “on each premises.”

These amendments do not relate to the CFIA’s cost recovery initiative activities currently underway. The CFIA’s cost recovery initiative is a separate review of the CFIA’s cost recovery regime to ensure that fees are in line with the cost of delivering the services and to establish service standards.

Implementation

As part of implementing these changes to the CFIA Fees Notice, the CFIA will proactively repay affected parties any “related costs” that have been collected over the past six years. As referenced above, the fee for “related costs” was deemed to be unauthorized because it was set in the Travel Directive as opposed to being fixed in the CFIA Fees Notice. In accordance with the Repayment of Receipts Regulations, 1997, when the collection of a fee is unauthorized, the funds collected are not public money and need to be returned to the party who paid them, unless the party cannot be identified or located. Although the fees were fixed in 2000, the requirement to repay the fees that are not considered to be public money is limited to six years as per section 32 of the Crown Liability and Proceedings Act. Regulated parties eligible for the repayment will be contacted by the CFIA.

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2017-009

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

J.-F. Allard v. President of the Canada Border Services Agency

Date of Hearing

September 14, 2017

Appeal No.

AP-2016-052

Good in Issue

Handbag with brass knuckles-style handle

Issue

Whether the good in issue is properly classified under tariff item No. 9898.00.00 as a prohibited device, 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

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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 July 28 and August 3, 2017.

Application filed by

Application number

Undertaking

City

Province

Deadline for submission of interventions, comments or replies

CKXU Radio Society

2017-0639-2

CKXU-FM

Lethbridge

Alberta

September 1, 2017

ADMINISTRATIVE DECISIONS

Applicant’s name

Undertaking

City

Province

Date of decision

Attraction Radio inc.

Various undertakings

Various locations

Quebec

July 6, 2017

Rogers Communications Canada Inc.

Rogers on Demand

Toronto

Ontario

July 17, 2017

Pelmorex Corp.

Various undertakings

Montréal

Quebec

July 6, 2017

DECISIONS

Decision number

Publication date

Applicant’s name

Undertaking

City

Province

2017-271

July 28, 2017

Various applicants

Various community radio stations

Various locations

Quebec
and Ontario

2017-272

July 31, 2017

   

St. John’s

Newfoundland and Labrador

2017-273

July 31, 2017

Radio 1540 Limited

CJLL-FM

Ottawa and Gatineau

Ontario and Quebec

2017-275

August 1, 2017

Radio Dégelis inc.

CFVD-FM

Dégelis

Quebec

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Nexus Energy Inc.

By an application dated July 23, 2017, Nexus Energy Inc. (the “Applicant”) has applied to the National Energy Board (the “Board”), under Division II of Part VI of the National Energy Board Act (the “Act”), for authorization to export up to 4 380 GWh of combined firm and interruptible energy annually for a period of 10 years.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The directions on procedure that follow explain in detail the procedure that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at 333 Bay Street, Suite 635, Toronto, Ontario M5H 2R2, and provide a copy of the application to any person who requests one. A copy of the application is available for viewing during normal business hours, by appointment, in the Board’s library, at 517 Tenth Avenue SW, 2nd Floor, Calgary, Alberta T2R 0A8. To make an appointment, please call 1-800-899-1265. The application is also available online at www.neb-one.gc.ca.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 517 Tenth Avenue SW, Calgary, Alberta T2R 0A8, 403-292-5503 (fax), and served on the Applicant by September 15, 2017.

3. Pursuant to subsection 119.06(2) of the Act, the Board is interested in the views of submitters with respect to

  • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and
  • (b) whether the Applicant has
    • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and
    • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this notice of application and directions on procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by October 1, 2017.

5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).

Sheri Young
Secretary

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted (Cousineau, Linda)

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 Linda Cousineau, Manager, Administrative Services (AS-4), Office of Audit and Evaluation, Public Services and Procurement Canada, Gatineau, Quebec, to be a candidate, before and during the election period, for the positions of Councillor and Acting Mayor for the Municipality of Lochaber-Partie-Ouest, Quebec, in a municipal election to be held on November 5, 2017.

August 2, 2017

Daniel Bruneau
Manager
Political Activities and Non-Partisanship Directorate

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted (Delage, Benoit)

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 Benoit Delage, Financial Service Agent (SP-4), Financial Reporting and Accounting Division, whose substantive position is Non-filer/Non-registrant Officer (SP-4), Collections and Verification Branch, Laval Tax Services Office, Canada Revenue Agency, Laval, Quebec, to be a candidate, before and during the election period, for the position of Councillor, District 6, for the City of Saint-Jérôme, Quebec, in a municipal election to be held on November 5, 2017.

August 1, 2017

Daniel Bruneau
Manager
Political Activities and Non-Partisanship Directorate

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted (Ledwell, Andrew Robert)

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 Andrew Robert Ledwell, Assessment Processing Clerk (SP-3), St. John’s Tax Centre, Canada Revenue Agency, St. John’s, Newfoundland and Labrador, to be a candidate, before and during the election period, for the positions of Councillor and Deputy Mayor for the City of Mount Pearl, Newfoundland and Labrador, in a municipal election to be held on September 26, 2017.

August 2, 2017

Daniel Bruneau
Manager
Political Activities and Non-Partisanship Directorate

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