Canada Gazette, Part I, Volume 150, Number 31: COMMISSIONS

July 30, 2016

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2016-008

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. Bradford v. President of the Canada Border Services Agency
Date of Hearing August 30, 2016
Appeal No. AP-2015-031
Good in Issue Knuckle knife bayonet
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

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held beginning at 9:30 a.m., in the Tribunal's Hearing Room 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 hearing will be held as scheduled.

Customs Act Schlumberger Canada Limited v. President of the Canada Border Services Agency
Date of Hearing August 31, 2016
Appeal No. AP-2015-022
Goods in Issue Perforating guns
Issue Whether the perforating system parts, carrier tubes, cassettes and parts of the goods in issue are properly classified under tariff item No. 9305.99.90 as other parts and accessories of articles of heading Nos. 93.01 to 93.04, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8479.90.90 as other parts of machines and mechanical appliances having individual functions, not specified or included elsewhere in Chapter 84, as claimed by Schlumberger Canada Limited, and whether the goods in issue are entitled to the benefit of tariff item No. 9910.00.00, as claimed by Schlumberger Canada Limited.
Tariff Items at Issue Schlumberger Canada Limited—8479.90.90 and 9910.00.00 President of the Canada Border Services Agency—9305.99.90

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DISMISSAL

Utilities

Notice is hereby given that the Canadian International Trade Tribunal (the Tribunal) issued an order on July 21, 2016, with respect to a complaint (File No. PR-2016-005) filed by Blue White Translations Ltd. (Blue White), of Oakville, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. CMIP21201602) by the Canadian Museum of Immigration at Pier 21. The solicitation was for translation services.

Having examined the evidence presented by the parties, the Tribunal found that it did not have jurisdiction to continue its inquiry and, consequently, dismissed the complaint.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt-tcce@tribunal.gc.ca (email).

Ottawa, July 21, 2016

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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 application for renewal or amendment, or complaints was posted on the Commission's Web site between 18 July and 21 July 2016.

Application filed by Application number Undertaking City Province Deadline for submission of interventions, comments or replies
Ethnic Channels Group Limited 2016-0709-5 TVI International: 100% Portuguese-language Across Canada   18 August 2016
ADMINISTRATIVE DECISIONS
Applicant's name Undertaking City Province Date of decision
Coast Broadcasting Ltd. CKSJ-FM St. John's Newfoundland and Labrador 15 July 2016
NOTICES OF CONSULTATION
Notice number Publication date of the notice City Province Deadline for filing of interventions, comments or replies OR hearing date
2016-278 21 July 2016 Across Canada   22 August 2016
DECISIONS
Decision number Publication date Applicant's name Undertaking  City Province
2016-270 18 July 2016 Torres Media Ottawa Inc. CIDG-FM Ottawa/Gatineau Ontario
2016-274 19 July 2016 Sogetel inc. Regional video-on-demand programming undertaking Various locations Quebec
2016-275 20 July 2016 Student Media, University of Windsor CJAM-FM Windsor Ontario
2016-276 20 July 2016 Northern Lights Entertainment Inc. CKGC-FM and CKIQ-FM Iqaluit Nunavut
2016-277 20 July 2016 Various licensees CFYT-FM and CIGN-FM Dawson City and Coaticook Yukon and Quebec
2016-280 21 July 2016 Various licensees Various commercial radio stations Various locations across Canada  

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NAFTA SECRETARIAT

COMPLETION OF PANEL REVIEW

Polyethylene terephthalate resin from Canada

Notice is hereby given, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, that the binational panel review of the Final Affirmative Injury Determination made by the United States International Trade Commission, respecting “Polyethylene Terephthalate Resin from Canada” (Secretariat File No.: USA-CDA- 2016-1904-01), was terminated on July 7, 2016, pursuant to subrule 71(3) as no complaints were filed in a timely manner.

Explanatory note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement, which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, North American Free Trade Agreement, 111 Sussex Drive, 5th Floor, Ottawa, Ontario K1A 0G2, 343-203-4269 (telephone).

Deborah Gowling
Canadian Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Commerce Energy, Inc.

By an application dated July 18, 2016, Commerce 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 4 380 000 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 Commerce Energy, Inc., 6345 Dixie Road, Suite 400, Mississauga, Ontario L5T 2E6, 905-670-4440 (telephone), 905-670-4585 (fax), Regulatory_Administration@justenergy.com (email), 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 August 30, 2016.
  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 September 14, 2016.
  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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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Maritime Electric Company, Limited

By an application dated July 19, 2016, Maritime Electric Company, Limited (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 400 000 MWh of combined firm and interruptible energy annually for a period of 10 years. As of July 1, 2016, the Applicant, or its affiliates, has an interest in the following generation or transmission facilities in Canada: the 55 MW oil-fired Charlottetown Thermal Generating Station, the 49 MW oil-fired Combustion Turbine CT3, and the 40 MW oil-fired Borden Generating Station.

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 180 Kent Street, PO Box 1328, Charlottetown, Prince Edward Island C1A 7N2, 902-629-3756 (telephone), to the attention of Angus Orford, 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 August 29, 2016.
  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 September 13, 2016.
  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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