Canada Gazette, Part I, Volume 156, Number 29: COMMISSIONS

July 16, 2022

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Mattresses — Decisions

On July 7, 2022, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) made preliminary determinations of dumping and subsidizing concerning mattresses originating in or exported from China.

The subject goods are usually classified under the following tariff classification numbers:

The above-listed tariff classifications cover both subject and non-subject goods.

The Canadian International Trade Tribunal (CITT) will conduct a full inquiry into the question of injury to the Canadian industry and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determinations of dumping and subsidizing.

Pursuant to section 8 of SIMA, provisional duty is payable on subject goods that are released from the CBSA during the period commencing July 7, 2022, and ending on the earlier of the day the investigation is terminated, the day on which the CITT makes an order or finding, or the day an undertaking is accepted.

The amount of provisional duties payable is not greater than the estimated margin of dumping and the estimated amount of subsidy. The Customs Act applies with respect to the accounting and payment of provisional duties. Therefore, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.

Information

The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA website.

Ottawa, July 7, 2022

Doug Band
Director General
Trade and Anti-dumping Programs Directorate

CANADA ENERGY REGULATOR

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Merrill Lynch Commodities Canada, ULC

By an application dated 8 July 2022, Merrill Lynch Commodities Canada, ULC (the Applicant) has applied to the Canada Energy Regulator (the CER) under Division 2 of Part 7 of the Canadian Energy Regulator Act (the Act) for authorization to export up to 2 500 000 MWh of combined firm and interruptible energy annually, for a period of 10 years.

The Commission of the Canada Energy Regulator (the Commission) wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that the application be designated for a licensing procedure. The Directions on Procedure that follow explain in detail the procedure that will be used.

  1. The Applicant shall provide a copy of the application by email to any person who requests one by emailing dg.mlci_legal_-_contract_specialists@bankofamerica.com. The application is also publicly available on the CER’s website.
  2. Written submissions that any interested party wishes to present shall be filed online with the CER in care of the Secretary of the Commission, and emailed to the Applicant by 16 August 2022.
  3. Pursuant to subsection 359(2) of the Act, the Commission 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 buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after 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 CER in care of the Secretary of the Commission and emailed to the party that filed the submission by 31 August 2022.
  5. For further information on the procedures governing the Commission’s examination, contact the Secretary of the Commission at 403‑292‑4800 (telephone).

The Canada Energy Regulator is dedicated to the safety and well-being of its staff, Indigenous communities, the public, and all those with whom it works closely. For information on how the CER is continuing its regulatory oversight during the COVID-19 pandemic, please refer to the CER’s COVID-19 updates page.

The CER’s preferred filing method is online through its e-filing tool, which provides step-by-step instructions. If you are unable to file documents online, you may send them by email to secretary@cer-rec.gc.ca.

Ramona Sladic
Secretary of the Commission of the Canada Energy Regulator

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2022-009

The Canadian International Trade Tribunal will hold a public hearing to consider the appeals referenced hereunder. This hearing will be held via videoconference. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca at least two business days before the commencement of the hearing to register and to obtain further information.

Customs Act
Wolseley Canada Inc. v. President of the Canada Border Services Agency
Date of Hearing August 9, 2022
Appeals AP-2021-024 and AP-2021-025
Goods in Issue Electric bidet toilet seats
Issue Whether the goods in issue are properly classified under tariff item No. 8516.79.90 as "other electro-thermic appliances of a kind used for domestic purposes", as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8509.80.90 as "other electro-mechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 85.08", as claimed by Wolseley Canada Inc. In the alternative, Wolseley Canada Inc. has claimed that the goods in issue should be classified under tariff item No. 8424.89.00 as "other mechanical appliances (whether or not hand-operated) for projecting, dispersing, or spraying liquids or powders" or under tariff item No. 8543.70.00 as "other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85".
Tariff Items at Issue

Wolseley Canada Inc.—8509.80.90, 8424.89.00 or 8543.70.00

President of the Canada Border Services Agency—8516.79.90

Customs Act
J. Scherrer v. President of the Canada Border Services Agency
Date of Hearing August 16, 2022
Appeal AP-2021-035
Goods in Issue Various MTech and Tac-Force folding knives
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
Customs Act
O. Goodfellow v. President of the Canada Border Services Agency
Date of Hearing August 18, 2022
Appeal AP-2021-026
Goods in Issue Zero Tolerance brand knives
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

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Transportation, travel and relocation services

The Canadian International Trade Tribunal has received a complaint (File PR-2022-015) from Ports 79 Inc (Ports 79) of Whitby, Ontario, concerning a procurement (solicitation W0133-22T045/A and W0133-22T045/B) made by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation was for the provision of accommodations and hotel amenities in Comox, British Columbia. 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 given that the Tribunal made a decision on June 16, 2022, to conduct an inquiry into the complaint.

Ports 79 alleges that the solicitation was improperly cancelled and that the Department of National Defence improperly circumvented the tender process.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, June 16, 2022

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, these documents may be examined at the Commission’s office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission’s website, under “Public proceedings & hearings.”

The following documents are abridged versions of the Commission’s original documents.

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following application for renewal or amendment, or complaint was posted on the Commission’s website between June 30 and July 7, 2022.

Application filed by Application number Undertaking City Province Deadline for submission
of interventions, comments or replies
The News Forum Inc. 2022-0359-5 The News Forum St. Catharines Ontario August 8, 2022
ADMINISTRATIVE DECISIONS
Applicant’s name Undertaking City Province Date of decision
Pattison Media Ltd. CIXM-FM Whitecourt Alberta June 27, 2022
Canadian Broadcasting Corporation Various undertakings Various locations Manitoba,
Quebec and Saskatchewan
June 30, 2022
NOTICES OF CONSULTATION
Notice number Publication date of the notice City Province Deadline for filing of interventions, comments or replies OR hearing date
2022-182 July 6, 2022 Across Canada Not applicable August 5, 2022
2022-183 July 7, 2022 Gatineau Quebec August 8, 2022
DECISIONS
Decision number Publication date Applicant’s name Undertaking City Province
2022-178 July 4, 2022 Various licensees Various independent television stations Across Canada Not applicable
2022-179 July 4, 2022 Various licensees Various terrestrial broadcasting distribution undertakings Across Canada Not applicable
2022-180 July 4, 2022 Various licensees English-language and French-language television ownership groups Across Canada Not applicable

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission and leave granted (Urlea, Antonio-George)

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 Antonio-George Urlea, Business Issues Coordinator for the Quebec Region, Canada Border Services Agency, to seek nomination as a candidate before and during the election period, and to be a candidate before the election period in the provincial election in the electoral district of Bourassa-Sauvé, Quebec. The election is expected to be held on or before October 3, 2022.

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 the first day the employee is a candidate during the election period.

July 5, 2022

Gaveen Cadotte
Vice-President
Policy and Communications Sector

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted (Mushing, David Edward)

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 David Edward Mushing, Communications Technologist, National Defence, to seek nomination as, and be, a candidate, before and during the election period, for a Councillor position for the Nation Municipality, Ontario, in the municipal election to be held on October 24, 2022.

July 5, 2022

Lynn Brault
Director General
Staffing Support, Priorities and Political Activities Directorate