Vol. 145, No. 6 — February 5, 2011

ARCHIVED — COMMISSIONS

CANADA REVENUE AGENCY

INCOME TAX ACT

Revocation of registration of a charity

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

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

CATHY HAWARA
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2010-021

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 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 to obtain further information and to confirm that the hearings will be held as scheduled.

Customs Act

Wal-Mart Canada Corporation v. President of the Canada Border Services Agency

Date of Hearing: March 1, 2011

Appeal No.: AP-2010-035

Goods in Issue: X Rocker II gaming chair

Issue: Whether the goods in issue are properly classified under tariff item No. 9401.61.10 as other upholstered seats, with wooden frames, for domestic purposes, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9504.10.00 as video games of a kind used with a television receiver, as claimed by Wal-Mart Canada Corporation.

Tariff Items at Issue: Wal-Mart Canada Corporation—9504.10.00 President of the Canada Border Services Agency—9401.61.10

Customs Act

Casio Canada Ltd. v. President of the Canada Border Services Agency

Date of Hearing: March 3, 2011

Appeal No.: AP-2010-021

Goods in Issue: Various models of databank watches

Issue: Whether the goods in issue are properly classified under tariff item No. 9102.12.00 as wrist-watches, electrically operated, whether or not incorporating a stop-watch facility, with opto-electronic display only, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8470.10.00 as electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions, as claimed by Casio Canada Ltd.

Tariff Items at Issue: Casio Canada Ltd.—8470.10.00 President of the Canada Border Services Agency—9102.12.00

Customs Act

Kinedyne Canada Limited v. President of the Canada Border Services Agency

Date of Hearing: March 8, 2011

Appeal No.: AP-2010-027

Goods in Issue: Winch straps

Issue: Whether the goods in issue are properly classified under tariff item No. 6307.90.99 as other made up articles, including dress patterns, of other textile materials, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8431.10.00 as parts suitable for use solely or principally with the machinery of heading No. 84.25, as claimed by Kinedyne Canada Limited.

Tariff Items at Issue: Kinedyne Canada Limited—8431.10.00 President of the Canada Border Services Agency—6307.90.99

January 28, 2011

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

EDP hardware and software

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2010-071) on January 27, 2011, with respect to a complaint filed by 1091847 Ontario Ltd. of Nepean, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. EN578-030742/E) by the Department of Public Works and Government Services (PWGSC). The solicitation was for the provision of networking equipment.

1091847 Ontario Ltd. alleged that, by failing to hold an open competition for potential new suppliers of networking equipment, PWGSC carried out tendering procedures in a discriminatory and non-transparent manner.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement, the Agreement on Government Procurement, the Canada-Chile Free Trade Agreement and the Canada-Peru Free Trade Agreement, the Tribunal determined that the complaint was 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, January 27, 2011

DOMINIQUE LAPORTE
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 J8X 4B1, 819-997-2429 (telephone), 819-994-0218 (fax);

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

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

— 858 Beatty Street, Suite 290, Vancouver, British Columbia V6B 1C1, 604-666-2111 (telephone), 604-666-8322 (fax);

— 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone);

— 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone);

— 2220 12th Avenue, Suite 620, Regina, Saskatchewan S4P 0M8, 306-780-3422 (telephone);

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

The toll-free telephone numbers for all offices of the Commission are the following: 1-877-249-2782 and 1-877-909-2782 (TDD).

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

NOTICE OF CONSULTATION 2011-38

Notice of applications received

Various locations
Deadline for submission of interventions and/or comments: February 14, 2011

The Commission has received the following applications:

1. Newfoundland Broadcasting Company Limited St. John’s,
Newfoundland and Labrador

Application to amend the broadcasting licence for the television station CJON-TV St. John’s to add a post-transition digital transmitter to serve the population of St. John’s.

2. The Ontario Educational Communications Authority
London, Ontario

Application to amend the broadcasting licence for the English-language conventional television station CICA-TV Toronto to add a post-transition digital rebroadcasting transmitter to serve the population of London.

3. CTV Corp.
Barrie, Ontario

Application to amend the broadcasting licence for the English-language conventional television station CKVR-TV Barrie to add a post-transition digital transmitter to serve the population of Barrie.

4. 2190015 Ontario Inc.
London, Ontario

Application to amend the broadcasting licence for the English-language conventional television station CHCH-TV Hamilton to add a post-transition digital transmitter to serve the population of London.

5. Canadian Broadcasting Corporation
Regina, Saskatchewan

Application to amend the broadcasting licence for the English-language conventional television station CBKT-TV Regina to add a post-transition digital transmitter to serve the population of Regina.

6. Newcap Inc.
Lloydminster, Alberta

Application to amend the broadcasting licence for the English-language conventional television station CITL-TV Lloydminster to add a post-transition digital transmitter to serve the population of Lloydminster.

7. Newcap Inc.
Lloydminster, Alberta

Application to amend the broadcasting licence for the English-language conventional television station CKSA-TV Lloydminster to add a post-transition digital transmitter to serve the population of Lloydminster.

January 24, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-52

Call for comments on proposed amendments to certain regulations made under the Broadcasting Act to add a new program category

The Commission calls for written comments on proposed amendments to the list of program categories set out in Schedule I of the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990. The deadline for comments is March 1, 2011.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE OF CONSULTATION 2011-55

Notice of hearing

April 1, 2011
Gatineau, Quebec
Deadline for submission of interventions and/or comments: February 28, 2011

The Commission will hold a hearing beginning on April 1, 2011, at 11 a.m., at the Commission headquarters, 1 Promenade du Portage, Gatineau, Quebec. The Commission intends to consider, subject to interventions, the following applications, without the appearance of the parties:

 1.  Holy Mother World Networks of Canada
Across Canada

Application for a broadcasting licence to operate a national religious English-language specialty audio station to be known as Holy Mother World Network.

 2. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national specialty audio station to be known as Tamil Radio.

 3. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

Application for a broadcasting licence to operate a national specialty audio station to be known as Chutney Radio.

 4. Ethnic Channels Group Limited
Across Canada

Application for a broadcasting licence to operate a national ethnic Category 2 specialty station to be known as South Asian News and Information TV.

 5. Greek National Television Network (Canada) Inc.
Across Canada

Application for a broadcasting licence to operate a national general interest third-language ethnic Category 2 specialty station to be known as OTN 3.

 6. Astral Broadcasting Group Inc.
Across Canada

Application for a broadcasting licence to operate a national French-language Category 2 specialty television station to be known as INVESTIGATION.

 7. Astral Broadcasting Group Inc.
Across Canada

Application for a broadcasting licence to operate a national French-language Category 2 specialty television station to be known as TENDANCES.

 8. NB Spring and Manufacturing Ltd.
Across Canada

Application for a broadcasting licence to operate a national niche ethnic Category 2 specialty station to be known as Caribbean Circuit Television.

 9. Wild TV Inc.
Across Canada

Application for a broadcasting licence to operate a national French-language Category 2 specialty station to be known as Faune TV.

10. Shaw Television G.P. Inc. (the general partner) and 7509014 Canada Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership
Across Canada

Application for a broadcasting licence to operate a national English-language Category 2 competitive mainstream sports specialty station to be known as Shaw Media Sports.

11. 2256247 Ontario Limited
Across Canada

Application for a broadcasting licence to operate a national English-language Category 2 specialty station to be known as Live Music Channel.

12. Cobequid Radio Society
Lower Sackville, Nova Scotia

Application for a broadcasting licence to operate an English-language Type B community FM radio station in Lower Sackville.

13. 7590474 Canada Inc.
Laval, Quebec

Application to acquire the assets of the French-language AM radio station CJLV Laval from Diffusion Laval Inc. and for a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence.

14. Intercity Broadcasting Network Inc.
Toronto, Ontario

Application for a broadcasting licence to operate an English-language commercial specialty FM radio station in Toronto.

15. Cochrane Polar Bear Radio Club Smooth
Rock Falls, Ontario

Application for a broadcasting licence to operate an English-language developmental community FM radio station in Smooth Rock Falls.

16. Knowledge-West Communications Corporation
Toronto, Ontario

Application to acquire the assets of the Category 2 specialty television station known as BBC Kids from Jasper Junior Broadcasting Inc. and for a new broadcasting licence to continue the operation of the undertaking under the same conditions as those in effect under the current licence for a seven-year licence term.

17. Muskeg Lake Cree Nation Radio Station Corporation
Muskeg Lake Cree Nation, Saskatchewan

Application for a broadcasting licence to operate an English-language Type B Native FM radio station in Muskeg Lake Cree Nation.

18. Le Club de la radio communautaire de Plamondon-Lac La Biche
Plamondon-Lac La Biche, Alberta

Application for a broadcasting licence to operate a French-language FM Type A community radio station in Plamondon-Lac La Biche.

19. AEBC Internet Corp.
Vancouver and Lower Mainland, British Columbia

Application for a broadcasting licence to operate a Class 1 terrestrial broadcasting distribution undertaking to serve Vancouver and the Lower Mainland.

January 28, 2011

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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.

2010-892-1 January 24, 2011

Cogeco Cable Canada GP Inc. (the general partner) and Cogeco Cable Canada Inc. (the limited partner), carrying on business as Cogeco Cable Canada LP
Various locations in Ontario

Cogeco Cable Québec 2009 Inc. and Cogeco Cable Canada Inc., partners in a general partnership carrying on business as Cogeco Cable Québec General Partnership
Various locations in Quebec

Correction — The Commission corrects the English-language version of Deletion of licensed areas under a broadcasting licence, by replacing the first table of Appendix 2 and footnote 1 to that appendix.

2011-41 January 25, 2011

Golden West Broadcasting Ltd.
Humboldt, Saskatchewan

Approved — Application for a broadcasting licence to operate an English-language commercial FM radio station in Humboldt.

Fabmar Communications Ltd.
Humboldt, Saskatchewan

Denied — Application for a broadcasting licence to operate an English-language commercial FM radio station in Humboldt.

2011-42 January 25, 2011

Golden West Broadcasting Ltd.
Estevan, Saskatchewan

Approved — Application for a broadcasting licence to operate an English-language commercial FM radio station in Estevan.

2011-48 January 26, 2011

Complaint by TELUS Communications Company against Videotron Ltd. under section 6.1 of the Pay Television Regulations, 1990

Complaint by Bell Canada against Videotron Ltd. under section 6.1 of the Pay Television Regulations, 1990 and section 9 of the Broadcasting Distribution Regulations and against TVA Group Inc. under section 15 of Television Broadcasting Regulations, 1987.

2011-51 January 27, 2011

Videotron Ltd. and 9227-2590 Québec inc., partners in a general partnership to be constituted, to carry on business as Videotron General Partnership
Across Canada

Approved — Application for authority to acquire, as part of a corporate reorganization, the assets of the broadcasting undertakings held by Videotron and for new broadcasting licences to continue the operation of the undertakings under the same terms and conditions as those in effect under the current licences.

2011-56 January 28, 2011

CKLN Radio Incorporated
Toronto, Ontario

Revoked — Broadcasting licence for CKLN-FM Toronto as of February 12, 2011.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-43

Revised lists of eligible satellite services — Annual compilation of amendments

The Commission sets out all amendments made to the revised lists of eligible satellite services since the issuance of Revised lists of eligible satellite services — Annual compilation of amendments, Broadcasting Regulatory Policy CRTC 2010-57, February 4, 2010.

January 25, 2011

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

REGULATORY POLICY 2011-45

Addition of Jewish Life Television to the lists of eligible satellite services for distribution on a digital basis

The Commission approves a request to add Jewish Life Television to the lists of eligible satellite services for distribution on a digital basis and amends the lists accordingly. The revised lists are available on the Commission’s Web site at www.crtc.gc.ca, under “Broadcasting Sector.”

January 26, 2011

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COMPETITION TRIBUNAL

COMPETITION ACT

Application for an order

Notice is hereby given that on January 24, 2011, an application pursuant to section 92 of the Competition Act, R.S.C. 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Commissioner of Competition, relating to the acquisition by CCS Corporation of Complete Environmental Inc.

The particulars of the order sought are as follows:

• an order dissolving the merger between CCS Corporation and Complete Environmental Inc. or, in the alternative, requiring CCS, in a manner directed by the Tribunal, to dispose of Complete or Babkirk Land Services Inc., or to effect other appropriate divestitures, to a purchaser that has been approved in advance by the Commissioner;
• an order requiring the Respondents to provide the Commissioner with at least 30 days advance written notice of any future proposed merger, as such term is defined by section 91 of the Act, among the Respondents for a period of five years, where the proposed merger would not otherwise be subject to notification pursuant to Part IX of the Act;
• an order requiring the Respondents to pay the costs of this proceeding; and
• an order granting such further and other relief as the Commissioner may request and this Tribunal may consider appropriate.

Notice is hereby given that any motion for leave to intervene in this matter must be filed with the Registrar on or before March 21, 2011.

The notice of application and accompanying documents may be examined at the Registry of the Tribunal or a copy may be obtained using the Competition Tribunal Web site at www.ct-tc.gc.ca. Requests for information regarding this application of the Tribunal should be addressed to the Deputy Registrar, Competition Tribunal, 600–90 Sparks Street, Ottawa, Ontario K1P 5B4, or by telephone at 613-954-0857.

January 26, 2011

RAYNALD CHARTRAND
Registrar

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Shell Energy North America (US), L.P.

By an application dated February 4, 2011, Shell Energy North America (US), L.P. (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 5 000 000 MWh 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 450 1st Street SW, Suite 350, Calgary, Alberta T2P 5H1, Attention: Arnold MacBurnie, 403-216-3501 (telephone), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8, or online at www.neb-one.gc.ca.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by March 7, 2011.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, 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;
• (b) the impact of the exportation on the environment; and
• (c) 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 March 22, 2011.

5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-299-2714 (telephone) or 403-292-5503 (fax).

ANNE-MARIE ERICKSON
Secretary

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