Canada Gazette, Part I, Volume 157, Number 35: COMMISSIONS

September 2, 2023

CANADA ENERGY REGULATOR

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

AlbertaEx, L.P.

By an application dated 2 September 2023, AlbertaEx, L.P. (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 2 000 000 megawatt-hours (MWh) of combined firm and interruptible energy annually, for a period of 10 years. The Applicant, or its affiliates, has an interest in the following generation or transmission facilities in Canada: the Montana-Alberta Tie line (MATL), a 230 kilovolt (kV), 345 km transmission line between Lethbridge, Alberta, and Great Falls, Montana; the Rattlesnake Ridge Wind farm, a 130 megawatt (MW) wind farm located southwest of Medicine Hat, Alberta; NAT-1, a 20 MW natural gas fired, distribution-connected generator located northwest of Medicine Hat, Alberta; and AltaLink, a transmission facility owner in Alberta.

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 info@BHE-Canada.ca. 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 2 October 2023.
  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 17 October 2023.
  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 COVID-19 response 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-2023-008

The Canadian International Trade Tribunal has decided, pursuant to rule 25 of the Canadian International Trade Tribunal Rules, to consider the appeal referenced below by way of written submissions. Persons interested in intervening are requested to contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal.

Customs Act
J. Hyde v. President of the Canada Border Services Agency
Date of Hearing October 3, 2023
Appeal No. AP-2022-038
Goods in Issue Cases of beer in aluminum cans
Issue Whether J. Hyde is entitled to a refund of the duties and taxes paid on the goods in issue for the recycling deposit on aluminum cans imposed by the State of Michigan, United States of America, after the aluminum cans were returned and the recycling deposit had been refunded.

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced below. This hearing will be held beginning at 9:30 a.m. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca to obtain further information as well as to confirm the date and the method of hearing.

Customs Act
Nature’s Way of Canada Limited v. President of the Canada Border Services Agency
Date of Hearing October 5, 2023
Appeal No. AP-2022-041
Goods in Issue Fish oil capsules
Issues

Whether the goods in issue are properly classified under tariff subheading 1517.90 as "other edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 15.16", as determined by the President of the Canada Border Services Agency, or should be classified under tariff subheadings 3004.50 and 3004.90 as "other medicaments", as claimed by Nature’s Way of Canada Limited.

Whether the Tribunal has jurisdiction to consider whether subsequent imports of certain goods can be classified under tariff subheading 1517.90 as "other edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 15.16", as determined by the President of the Canada Border Services Agency, or should be classified under tariff subheadings 3004.50 and 3004.90 as "other medicaments", as claimed by Nature’s Way of Canada Limited. If the Tribunal has jurisdiction, what the proper tariff classification of the goods is.

Whether the appeal should be dismissed as moot in light of the President of the Canada Border Services Agency’s consent to classify the goods in issue under tariff subheading 3004.50 as "other medicaments".
Tariff Subheadings at Issue

Nature’s Way of Canada Limited—3004.50 and 3004.90

President of the Canada Border Services Agency—1517.90

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Hotels, motels and commercial accommodation

Notice is given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File PR-2023-007) on August 23, 2023, with respect to a complaint filed by Newland Canada Corporation (Newland), of Calgary, Alberta, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, concerning a procurement (Solicitation W8484-230352/A) by the Department of National Defence (DND). The solicitation was for accommodation with parking and laundry services or accessible laundry equipment.

Newland alleged that DND favoured the successful bidder by awarding the contract based on a proposal that did not include a technical bid, even though a technical bid was required by the terms of the solicitation.

Having examined the evidence presented by the parties and considered the provisions of the applicable trade agreement, the Tribunal determined that the complaint was not valid.

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

Ottawa, August 23, 2023

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF ORDER

Carbon steel welded pipe

The Canadian International Trade Tribunal gives notice that, pursuant to subsection 76.03(1) of the Special Import Measures Act (SIMA), it will initiate an expiry review (Expiry Review RR-2023-003) of its order made on October 15, 2018, in expiry review RR-2017-005, continuing, without amendment, its finding made on December 11, 2012, in inquiry NQ-2012-003, concerning the dumping of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from 1/2 in. up to and including 6 in. (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, and excluding 1 mm thick carbon steel tubing (SPCC 1, 25.6 mm in outside diameter), double coated (first coated with acrylonitrile butadiene styrene, then with polyvinyl chloride), and non-galvanized, ASTM A53, Grade B, Schedule 80 pipe, with an inside diameter of 1 1/4 in. to 1 1/2 in., in 22-ft. lengths, with the inside weld scarfed, originating in or exported from the Republic of Korea, and produced with AISI C1022M steel with a carbon content of 0.18 percent to 0.23 percent and a manganese content of 0.80 percent to 1.00 percent, originating in or exported from Chinese Taipei (excluding goods exported from Chinese Taipei by Chung Hung Steel Corporation and Shin Yang Steel Co. Ltd.), the Republic of India, the Sultanate of Oman, the Republic of Korea, the Kingdom of Thailand and the United Arab Emirates (excluding goods exported from the United Arab Emirates by Conares Metal Supply Ltd.) and the subsidizing of the aforementioned goods originating in or exported from the Republic of India (the subject goods).

In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods. If the CBSA determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then determine if the continued or resumed dumping or subsidizing is likely to result in injury to the domestic industry. The CBSA will provide notice of its determinations within 150 days after receiving notice of the Tribunal’s initiation of the expiry review, that is, no later than January 18, 2024. The Tribunal will issue its order and its statement of reasons no later than June 26, 2024.

Each person or government wishing to participate in this expiry review must file Form I—Notice of Participation with the Tribunal, on or before September 5, 2023. Regarding the importance of the deadline to file a notice of participation, please read carefully the section titled “Support by domestic producers” in the document titled “Additional information” appended to the notice available on the Tribunal’s website. Each counsel who intends to represent a party in the expiry review must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, on or before September 5, 2023. The Tribunal will issue a list of participants shortly thereafter.

On March 11, 2024, the Tribunal will distribute the record to participants. Counsel and self-represented participants are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those participants who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record, and who have filed Form III—Declaration and Undertaking with the Tribunal. This information will be included in the list of participants. One complete electronic version of all submissions must be filed with the Tribunal.

The Tribunal will hold a public hearing relating to this expiry review commencing on April 22, 2024. The type of hearing will be communicated at a later date.

Written submissions, correspondence and requests for information regarding the Tribunal’s portion of this matter should be addressed to the Registry, Canadian International Trade Tribunal Secretariat, at citt-tcce@tribunal.gc.ca or you may reach the Registry at 613‑993‑3595.

Additional information and the expiry review schedule are available in the notice posted on the Tribunal’s website.

Ottawa, August 21, 2023

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Marine construction services

The Canadian International Trade Tribunal has received a complaint (File PR-2023-027) from Coady Construction & Excavating Limited (Coady) of Torbay, Newfoundland and Labrador, concerning a procurement (Solicitation 30004482) made by the Department of Fisheries and Oceans (DFO). The solicitation was for the provision of construction services for the reconstruction of the launchway located in Burin, Newfoundland and Labrador. 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 August 10, 2023, to conduct an inquiry into the complaint.

Coady alleges that the contract was awarded to a bid that was non-compliant with the terms of the solicitation. Following the deadline for the submission of bids, DFO invited the submission of further bids and then awarded the contract to a bid that was allegedly submitted following the closing date as published by the solicitation.

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

Ottawa, August 10, 2023

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

NOTICES OF CONSULTATION
Notice number Publication date of the notice City Province Deadline for filing of interventions, comments or replies
2023-280 table 1 note a August 23, 23 n.a. n.a September 22, 2023

Table 1 Notes

Table 1 Note a

Regulations published in Broadcasting Notice of Consultation CRTC 2023-280.

Return to table 1 note a referrer

Proposed New Broadcasting Fees Regulations

Broadcasting Fees Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act
means the Broadcasting Act. (Loi)
broadcasting ownership group
means a group of all operators that are affiliates of one another or, in the case of an operator that is not an affiliate of any other operator, that operator. (groupe de propriété de radiodiffusion)
excluded revenue
means revenue that originates from broadcasting activities specified in a broadcasting order to be made under subsection 9(4) of the Act. (recettes exclues)
exemption level
means $10 million, for a broadcasting ownership group. (franchise)
fee revenue
means the gross revenue minus excluded revenue derived during a return year from the broadcasting activity of the broadcasting undertakings that form part of a broadcasting ownership group, including
  • (a) any revenue received in respect of all transmitters forming part of the undertaking, if the broadcasting undertaking consists of more than one transmitter;
  • (b) the estimated annual revenue, based on the trends of the market in which the undertaking operates, the previous financial performance of the undertaking, and, when applicable, the business plan of the broadcasting undertaking for its first 12 months of operation, if that undertaking has not filed a fee return covering the most recent return year;
  • (c) revenue that is derived from the sale of air time of the broadcasting undertaking by the Corporation and paid by the Corporation to the broadcasting undertaking;
  • (d) if the online undertaking has not filed a fee return covering the most recent return year,
    • (i) the gross annual revenue, as reported by the online undertaking and validated by the Commission, or
    • (ii) if the information referred to in subparagraph (i) is not available, the estimated gross annual revenue of the online undertaking, based on the trends of the market in which it operates, its business plan and any previous financial performance that the Commission considers to be related to its broadcasting activity.

This definition does not include any amount received by a broadcasting undertaking from another broadcasting undertaking to which these Regulations apply, other than the amounts received from the Corporation for the sale of air time. (recettes désignées)

fiscal year
means the one-year period beginning April 1 in any year. (exercice)
operator
means a person that carries on a broadcasting undertaking to which the Act applies. (exploitant)
return year
means the one-year period beginning September 1 in any year. (année de rapport)

Application

Exclusions

2 These Regulations apply to all broadcasting undertakings other than

Designated Broadcasting Undertaking

Highest fee revenue

3 (1) The operator or affiliate that controls a broadcasting ownership group must designate the broadcasting undertaking that has the highest fee revenues among the undertakings in the group.

Obligations

(2) The designated broadcasting undertaking must ensure that the broadcasting ownership group meets its obligations under sections 4 to 7.

Fee Returns

Returns

4 On or before November 30 in each year, every broadcasting ownership group whose fee revenue for the most recent return year exceeds the exemption level must file with the Commission a fee return on the form provided by the Commission.

Period covered

5 The fee return must be completed with respect to the return year preceding the calendar year in which the return is to be filed.

Fees

Broadcasting fees

6 Every broadcasting ownership group must pay broadcasting fees to the Commission annually, no later than 30 days after the date recorded on the invoice issued by the Commission.

Unpaid fees

7 If the broadcasting fees have become overdue, the broadcasting ownership group must pay interest and administrative charges in accordance with the Interest and Administrative Charges Regulations.

Calculation of Fees

Calculation by Commission

8 The annual broadcasting fees payable are to be calculated by the Commission.

Amount of Fees

9 (1) Subject to subsection (2), the annual broadcasting fees payable are the lesser of

Proportional increase

(2) If a broadcasting ownership group’s annual broadcasting fees are the amount referred to in paragraph (1)(b), the fees for all other broadcasting ownership groups are to be increased proportionally to offset the difference between that amount and the amount that the broadcasting ownership group would have paid had its broadcasting fees been the amount referred to in paragraph (1)(a).

Change charged or credited

(3) Any change in the amount of the annual broadcasting fees payable that results from the calculation of the annual adjustment amount referred to in subsection 10(2) is to be charged or credited to the broadcasting ownership group in the following year’s invoice and must not, in any case, result in a reimbursement on the part of the Commission.

Initial amount

10 (1) The initial amount of the annual broadcasting fees payable is calculated using the formula

(A ÷ B) × C
where
A
is the broadcasting ownership group’s fee revenue for the most recent return year, less that broadcasting ownership group’s exemption level for that return year;
B
is the amount by which the aggregate fee revenues of all broadcasting ownership groups for the most recent return year exceeds the applicable exemption level, less the aggregate exemption level amount for all those broadcasting ownership groups for that return year; and
C
is the estimated total regulatory costs of the Commission for the current fiscal year as calculated in accordance with subsection 11(1).

Adjustment amount

(2) The annual adjustment amount of the annual broadcasting fees payable is to be calculated using the following formula

(A ÷ B) × D
where
A
is the broadcasting ownership group’s fee revenues for the most recent return year, less that broadcasting ownership group’s exemption level for that return year;
B
is the amount by which the aggregate fee revenues of all broadcasting ownership groups for the most recent return year exceeds the applicable exemption level, less the aggregate exemption level amount for all those broadcasting ownership groups for that return year; and
D
is the difference between the estimated total regulatory costs of the Commission and the actual total regulatory costs of the Commission for the fiscal year as calculated in accordance with section 11.

Estimated total regulatory costs

11 (1) The estimated total regulatory costs of the Commission for a fiscal year is the sum of the following amounts, as set out in the Commission’s expenditure plan published in Part III of the Estimates of the Government of Canada:

Actual total costs

(2) The actual total regulatory costs of the Commission are to be calculated in accordance with subsection (1) using actual amounts.

Notice

Notice

12 The Commission must publish, each year, the estimated total regulatory costs referred to in subsection 11(1) in a notice in the Canada Gazette, Part I.

Transitional Provisions

Definition of former Regulations

13 In sections 14 and 15, former Regulations means the Broadcasting Licence Fee Regulations, 1997 as they read immediately before the day on which these Regulations come into force.

Fiscal year 2024-2025

14 (1) For the fiscal year 2024-2025, the fee return information provided by broadcasting undertakings under section 5 of the former Regulations is to be consolidated into fee revenue information for their broadcasting ownership group, in accordance with sections 1 and 4 of these Regulations.

Fee revenues for online undertakings

(2) For the fiscal year 2024-2025, the fee revenues for online undertakings are to be calculated by the Commission, based on the fee return filed by the online undertaking and verified by the Commission, in accordance with a broadcasting order to be made under subsection 9.1(1) of the Act.

Fiscal years 2024-2025 and 2025-2026

15 For the fiscal years 2024-2025 and 2025-2026, the annual adjustment amount and the regulatory costs of the Commission — referred to in these Regulations in sections 10 and 11, respectively — that are associated with that annual adjustment amount are to be calculated in accordance with subsection 8(2) and section 9 of the former Regulations.

Repeal

16 The Broadcasting Licence Fee Regulations, 1997 footnote 1 are repealed.

Coming into Force

April 1, 2024

17 These Regulations come into force on April 1, 2024.

DECISIONS
Decision number Publication date Applicant’s name Undertaking City Province
2023-258 August 18, 2023 Sound of Faith Broadcasting CJFH-FM Woodstock Ontario
2023-259 August 18, 2023 LE5 Communications Inc. CHYC-FM Sudbury Ontario
2023-260 August 18, 2023 Stingray Radio Inc. CKJR Wetaskiwin Alberta
2023-261 August 18, 2023 Radio Vie Nouvelle CJVN-FM Ottawa Ontario
2023-263 August 21, 2023 Parrsboro Radio Society CICR-FM Parrsboro Nova Scotia
2023-266 August 21, 2023 CIMM-FM Radio Ltd. CIMM-FM Ucluelet British Columbia
2023-267 August 21, 2023 Crossroads
Television System		 CITS-DT Calgary, Edmonton, Hamilton, Ottawa and London Alberta and Ontario
2023-268 August 21, 2023 Corus Radio Inc. CFGQ-FM Calgary Alberta
2023-269 August 21, 2023 9643125 Canada Inc. CHHU-FM Halifax Nova Scotia
2023-270 August 22, 2023 Sonème (2007) inc. CFLO-FM Mont-Laurier Quebec
2023-271 August 22, 2023 Les Médias de l’Épinette Noire Inc. CINN-FM Across Canada n.a. 
2023-279 August 23, 2023 La radio communautaire
du comté		 CKMN-FM Rimouski and Mont-Joli Quebec 
2023-281 August 24, 2023 Radio
Témiscamingue incorporée		 CKVM-FM Ville-Marie Quebec
2023-283 August 24, 2023 TLN Media Group
Inc.		 Telelatino Across Canada n.a.
2023-284 August 24, 2023 Various radio and specialty audio programming undertakings Various radio and specialty audio stations Across Canada n.a.
ORDERS
Order number Publication date Licensee’s name Undertaking Location
2023-264 August 21, 2023 Parrsboro Radio Society CICR-FM Parrsboro, Nova Scotia
2023-265 August 21, 2023 Parrsboro Radio Society CICR-FM Parrsboro, Nova Scotia