Canada Gazette, Part I, Volume 150, Number 44: COMMISSIONS
October 29, 2016
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEAL
Notice No. HA-2016-016
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.
| Date of Hearing | December 1, 2016 |
|---|---|
| Appeal No. | AP-2016-007 |
| Goods in Issue | Stainless steel bollards |
| Issue | Whether the goods in issue are properly classified under tariff item No. 9405.40.90 as other electric lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 7308.90.00 as other structures (excluding prefabricated buildings of heading 94.06) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel, as claimed by LRI Lighting International Inc. |
| Tariff Items at Issue | LRI Lighting International Inc.—7308.90.00 President of the Canada Border Services Agency—9405.40.90 |
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF INQUIRIES — REVISED NOTICE
Gypsum board
Notice was received by the Canadian International Trade Tribunal (the Tribunal) on September 6, 2016, from the Director General of the Trade and Anti-dumping Programs Directorate at the Canada Border Services Agency (CBSA), stating that a preliminary determination had been made respecting the dumping of gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge-finish, thickness, width, or length, excluding (a) gypsum board made to a width of 54 inches (1,371.6 mm); (b) gypsum board measuring 1 inch (25.4 mm) in thickness and 24 inches (609.6 mm) in width regardless of length (commonly referred to and used as “paper-faced shaft liner”); (c) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re-enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications); (d) double layered glued paper-faced gypsum board (commonly referred to and used as “acoustic board”); and (e) gypsum board meeting ISO16000-23 for sorption of formaldehyde. All dimensions are plus or minus allowable tolerances in applicable standards.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2016-002 and Reference No. GC-2016-001) to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section by January 4, 2017.
Further, on October 13, 2016, His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 18 of the Canadian International Trade Tribunal Act (CITT Act),
- (a) referred to the Canadian International Trade Tribunal the matter of whether the imposition of provisional duties or duties, applicable to gypsum board imported from the United States for markets in Manitoba, British Columbia, Saskatchewan, Alberta, Yukon and the Northwest Territories, is contrary to Canada's economic, trade or commercial interests, and specifically whether such an imposition has or would have the effect of substantially reducing competition in those markets or causing significant harm to consumers of those goods or to businesses who use them; and
- (b) directed that the Tribunal report to the Governor in Council on those matters no later than January 4, 2017, and submit to the Governor in Council, within 15 days after that date, its findings and recommendations on any remedy that could be taken.
Pursuant to section 18 of the CITT Act, the Tribunal will inquire into and report on the matter referred to it by His Excellency the Governor General in Council.
Given that both inquiries must be concluded by January 4, 2017, the Tribunal will combine them to provide for a more expeditious process in accordance with rule 6.1 of the Canadian International Trade Tribunal Rules and section 35 of the CITT Act.
Parties who are participants in Inquiry No. NQ-2016-002 will be automatically considered to be parties to Reference No. GC-2016-001. Parties in Inquiry No. NQ-2016-002 that were planning to file arguments and evidence in their submissions regarding a potential public interest inquiry should now do so in the context of Reference No. GC-2016-001. This should include arguments and evidence regarding potential remedies.
Each person or government wishing to participate in these proceedings and at the hearing as a party that has not already done so for the purposes of Inquiry No. NQ-2016-002 must file a notice of participation with the Tribunal on or before October 31, 2016. Each counsel who intends to represent a party in these proceedings and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before October 31, 2016, unless already done for the purposes of Inquiry No. NQ-2016-002.
Parties that have filed notices of participation in Reference No. GC-2016-001, i.e. after October 18, 2016, must confine their arguments and evidence to the issues referred to the Tribunal by His Excellency the Governor General in Council.
The public hearing will be held in a location in Western Canada commencing on November 28, 2016, at 9:30 a.m., local time, to hear evidence and representations by interested parties. A notice of venue will be issued at a later date to confirm the location of the hearing.
In accordance with section 46 of the CITT Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made.
Written submissions, correspondence and requests for information regarding this notice should be addressed to 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).
Further details regarding these proceedings, including the schedule of key events, are contained in the documents titled “Additional Information” and “Inquiries Schedule” appended to this notice of commencement of inquiries, as well as on the Tribunal's Web site at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/inquiries-section-42/notices-and-schedules and www.citt-tcce.gc.ca/en/references/general-references/notices.
Ottawa, October 18, 2016
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Concrete reinforcing bar
Notice is hereby given that, on October 19, 2016, pursuant to subsection 37.1(1) of the Special Import Measures Act, the Canadian International Trade Tribunal determined (Preliminary Injury Inquiry No. PI-2016-002) that there was evidence that disclosed a reasonable indication that the dumping of hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from the Republic of Belarus, Chinese Taipei, the Hong Kong Special Administrative Region of the People's Republic of China, Japan, the Portuguese Republic and the Kingdom of Spain, had caused injury or was threatening to cause injury to the domestic industry. Also excluded was 10 mm diameter (10M) rebar produced to meet the requirements of CSA G30 18.09 (or equivalent standards) that is coated to meet the requirements of epoxy standard ASTM A775/A 775M 04a (or equivalent standards) in lengths from 1 foot (30.48 cm) up to and including 8 feet (243.84 cm).
Ottawa, October 19, 2016
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
FINDING
Welded large diameter carbon and alloy steel line pipe
Notice is hereby given that, on October 20, 2016, pursuant to subsection 43(1) of the Special Import Measures Act, the Canadian International Trade Tribunal found that the dumping of the goods subject to the inquiry (Inquiry No. NQ-2016-001) originating in or exported from the People's Republic of China and Japan and the subsidizing of those goods originating in or exported from the People's Republic of China had caused injury to the domestic industry.
Ottawa, October 20, 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 applications for renewal or amendment, or complaints were posted on the Commission's Web site between October 14 and October 20, 2016.
| Application filed by | Application number | Undertaking | City | Province | Deadline for submission of interventions, comments or replies |
|---|---|---|---|---|---|
| MediaCase Corp. | 2016-1083-2 | BESTSELLER | Across Canada | November 14, 2016 | |
| MediaCase Corp. | 2016-1084-0 | MULT | Across Canada | November 14, 2016 | |
| Canadian Broadcasting Corporation | 2016-1093-1 | CBYX-FM | Enderby | British Columbia | November 14, 2016 |
| Applicant's name | Undertaking | City | Province | Date of decision |
|---|---|---|---|---|
| Radio Haute Mauricie inc. | CFLM-FM | La Tuque | Quebec | September 27, 2016 |
| Decision number | Publication date | Applicant's name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2016-407 | October 14, 2016 | Aupe Cultural Enhancement Society | Type B Native FM radio station | Campbell River | British Columbia |
| 2016-408 | October 14, 2016 | Findings regarding market capacity and the appropriateness of issuing a call for radio applications | Sudbury | Ontario | |
| 2016-409 | October 14, 2016 | Radio Moyen Orient | CKIN-FM | Montréal | Quebec |
| 2016-414 | October 20, 2016 | Surrey Myfm inc. | VF2689 | Surrey | British Columbia |
| 2016-419 | October 20, 2016 | 89.3 Surrey City FM Ltd. | VF2686 | Surrey | British Columbia |
| 2016-421 | October 20, 2016 | Sur Sagar Radio Inc. | VF2688 | Surrey | British Columbia |
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NATIONAL ENERGY BOARD
APPLICATION TO EXPORT ELECTRICITY ON AN EMERGENCY BASIS TO THE UNITED STATES
Independent Electricity System Operator
By an application dated July 20, 2016, the Independent Electricity System Operator (the “Applicant” or the “IESO”) 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 on an emergency basis up to 4 000 MW of firm power and energy for a period of 10 years commencing on August 2, 2016. These emergency exports would be in accordance with the terms, or as amended, of interconnection agreements between the IESO (or its predecessors) and the New York ISO, the Midwest ISO, and Minnesota Power (Allete Inc.) that were executed on May 1, 2002, on January 6, 2009, and on December 1, 2006, respectively.
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 Independent Electricity System Operator, 1600-120 Adelaide Street West, Toronto, Ontario M5H 1T1, 416-967-7474 (telephone), www.ieso.ca, 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 November 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 December 15, 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
SocïVolta Inc.
By an application dated October 19, 2016, SocïVolta 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 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 84 Beverley Avenue, Montréal, Quebec H3P 1K4, 514-466-0938 (telephone), tguite@socivolta.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 November 28, 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 December 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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PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Loyer, Paul)
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 Paul Loyer, Central Removal Services Coordinator (PG-2), Traffic Management Directorate, Public Services and Procurement Canada, Gatineau, Quebec, to be a candidate, before and during the election period, for the position of Councillor, District 9, Limbour, for the City of Gatineau, Quebec, in the municipal election to be held on November 5, 2017.
October 20, 2016
Natalie Jones
Director General
Political Activities and Non-Partisanship Directorate
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PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission granted (Power, Brett)
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 Brett Power, Compensation Advisor (AS-2), Public Service Pay Centre, Public Services and Procurement Canada, Miramichi, New Brunswick, to be a candidate, before and during the election period, for the position of Councillor for the City of Miramichi, New Brunswick, in a municipal by-election to be held on November 14, 2016.
October 20, 2016
Natalie Jones
Director General
Political Activities and Non-Partisanship Directorate
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