Vol. 136, No. 30 — July 27, 2002

COMMISSIONS

CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of Registration of Charities

Following a request from the charities listed below to have their status as a charity revoked, the following notice of proposed revocation was sent:

"Notice is hereby given, pursuant to paragraph 168(1)(a) of the Income Tax Act, that I propose to revoke the registration of the charities listed below and that by virtue of paragraph 168(2)(a) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette."

MAUREEN KIDD
Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

EDP Hardware and Software

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2002-016) from BAJAI Inc., of Ottawa, Ontario, concerning procurements (Solicitation Nos. FP867-010104, F2934-010054, F5965-000556 and F5965-020502) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans. The solicitations were for the provision of Websense software. 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 hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

It is alleged that PWGSC prepared, designed or otherwise structured these and other procurements, or divided the procurement requirement, in such a way as to avoid the obligations of the Agreement on Internal Trade and the North American Free Trade Agreement.

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 (Facsimile).

Ottawa, July 18, 2002

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

EDP Hardware and Software

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2002-017) from Cognos Incorporated, of Nepean, Ontario, concerning a procurement (Solicitation No. 21120-017897/A) by the Department of Public Works and Government Services, on behalf of Correctional Service of Canada. The solicitation is for the supply of Powerhouse design recovery and full-scale migration of the Offender Management System currently maintained by Correctional Service of Canada. 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 hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

It is alleged that the procurement process, resulting in a sole-source contract award, is not supported by any of the grounds contained in the applicable trade agreements. This permits an exception to the competitive bidding process.

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 (Facsimile).

Ottawa, July 18, 2002

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Industrial Equipment

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2002-015) from ZENON Environmental Inc., of Oakville, Ontario, concerning a procurement (Solicitation No. W8482-01TF04/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation is for the repair and overhaul of shipboard reverse osmosis desalinators. 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 hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

It is alleged that PWGSC awarded a contract to a bidder whose proposal did not meet all the mandatory requirements of the solicitation document.

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 (Facsimile).

Ottawa, July 19, 2002

MICHEL P. GRANGER
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 G-5, 1 Promenade du Portage, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);

— C.R.T.C. Documentation Centre, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile);

— C.R.T.C. Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (780) 495-3224 (Telephone), (780) 495-3214 (Facsimile).

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

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2002-188 July 15, 2002

Inner Peace Television Network Inc.
Across Canada

Approved — Transfer of effective control of a category 2 specialty.

2002-189 July 16, 2002

Genex Communications inc.
Québec, Quebec

Approved — Short-term renewal of the licence of CHOI-FM Québec from September 1, 2002, to August 31, 2004.

2002-190 July 16, 2002

Genex Communications inc.
Donnacona, Quebec

Denied by majority vote — Amendment of the licence of radio station CKNU-FM Donnacona to expand the contour toward Québec, by deleting the condition of licence limiting the solicitation of advertising and by amending the condition relating to local programming.

2002-191 July 16, 2002

Cogeco Radio-Télévision inc.
Québec, Quebec

3924301 Canada inc., doing business under the name and style of Communications Lévis 2001
Lévis, Quebec

Métromédia CMR Montréal inc.
Québec, Quebec

9098-7280 Québec inc.
Québec, Quebec

Approved, by majority vote — Application by Cogeco Radio-Télévision inc. for a licence to operate a French-language FM radio station in Québec.

Denied — The three competing applications.

2002-192 July 17, 2002

Télévision MBS inc.
Rivière-du-Loup and Carleton, Quebec

Approved — Addition of a transmitter in Carleton.

2002-193 July 17, 2002

Breakaway PPV Corporation
Alberta and British Columbia

Approved — Extension of regional pay-per-view service area to serve the provinces of Saskatchewan and Manitoba as well as the Yukon Territory, the Northwest Territories and Nunavut.

2002-194 July 17, 2002

Videon Cablesystems Inc.
Ontario, Saskatchewan, Manitoba and Alberta

Approved — Extension of regional video-on-demand service area to include the province of British Columbia as part of its service area.

2002-195 July 17, 2002

Houssen Broadcasting Ltd.
Moncton, New Brunswick

Approved — Deletion of a condition of licence that prohibits the broadcast of commercial messages by CKOE-FM, a Christian music station in Moncton.

2002-196 July 19, 2002

Columbia Kootenay Broadcasting Co. Ltd.
Fernie and Sparwood, British Columbia

Renewed — Broadcasting licence for the radio programming undertaking CFEK Fernie and its transmitter CJEK Sparwood, from September 1, 2002, to December 31, 2002.

2002-197 July 19, 2002 19 July 2002

Consortium de Télévision Québec Canada inc.
Across Canada

Renewed — Broadcasting licence for the French-language international specialty programming undertaking known as TV5 Québec Canada, from September 1, 2002, to February 28, 2003.

2002-198 July 19, 2002

Corus Radio Company
Vancouver, British Columbia

Renewed — Broadcasting licence for the transitional digital programming undertaking in Vancouver (associated station CJNW), from September 1, 2002, to August 31, 2003.

2002-199 July 19, 2002

Corus VC Ltd.
Manitoba, Saskatchewan, Alberta, British Columbia, Yukon Territory and Northwest Territories

Renewed — Broadcasting licence for the direct-to-home pay-per-view television programming undertaking serving the above-mentioned provinces, from September 1, 2002, to February 28, 2003.

2002-200 July 19, 2002

Television programming undertakings
Ontario, Alberta and British Columbia

Renewed — Broadcasting licences for the television programming undertakings set out in the appendix to the decision, from September 1, 2002, to February 28, 2003.

2002-201 July 19, 2002

Milestone Radio Inc.
Toronto, Ontario

Approuvé — Increase of the effective radiated power for CFXJ-FM Toronto from 298 watts to 1430 watts.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-37

The Commission has received the following application:

1. Rogers Broadcasting Limited for "CFMT-TV TOO"
Toronto, Ontario

To use channel 44 with an effective radiated power of 179 000 watts.

Deadline for intervention: August 6, 2002

July 17, 2002

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-38

Call for Comments Concerning Internet Retransmission (Order in Council P.C. 2002-1043)

The Commission seeks public input for a report to the Governor in Council on the broadcasting regulatory framework for Internet retransmission of over-the-air television and radio signals.

The Order in Council

1. On June 12, 2002, the Governor in Council issued Order in Council P.C. 2002-1043, a copy of which is appended to the notice. The Order in Council (OIC) was issued pursuant to section 15 of the Broadcasting Act (the Act) which provides that the Governor in Council may request that the Commission hold hearings or make reports on any matter within its jurisdiction under the Act.

2. The OIC requests that the Commission seek comment from the public and report no later than January 17, 2003, on:

(a) the broadcasting regulatory framework for persons who retransmit, by the Internet, the signals of over-the-air television or radio programming undertakings,

(b) the appropriateness of amending the Exemption Order for New Media Broadcasting Undertakings published in Appendix A to Public Notice CRTC 1999-197, December 17, 1999, regarding persons who retransmit by the Internet, the signals of over-the-air television or radio programming undertakings, and

(c) any other measures the Commission considers appropriate in this regard,

in order to meet the objectives of the broadcasting policy set out in the Broadcasting Act.

Scope of the Call for Comments

3. For the purposes of this notice, the term "Internet retransmission" is defined as the act of retransmitting, via the Internet, the signals of over-the-air television or radio programming undertakings. The Commission is seeking comments on the Internet retransmission of broadcasting services that are originally transmitted over the air, which excludes the Internet retransmission of specialty services, for example.

4. In addition, the Commission notes that certain programming undertakings may already be transmitting their own services via the Internet. Given that these programming undertakings originate a portion of their own programming and/or purchase-specific rights for the balance of their programming, these activities constitute transmission, rather than retransmission. The Commission requests that parties focus their comments on Internet retransmission by third parties of the signals of over-the-air programming undertakings.

Questions

5. The Commission seeks comments on the matters raised in the OIC. In order to assist interested parties in developing their submissions, but without limiting the scope of the comments, except as set out above, the Commission raises a number of questions for parties to address. In preparing their submissions, the Commission requests that interested parties highlight any significant differences that should be addressed between the retransmission of radio signals and of television signals on the Internet.

(a) What activities constitute Internet retransmission? What are the defining characteristics of these activities?

(b) Should Internet retransmission be seen as a substitute for, or a complement to, the activities of existing licensed over-the-air broadcasting and distribution undertakings?

(c) To the extent that Internet retransmission is now, or may reasonably be, expected to become complementary or substitutable for existing over-the-air broadcasting undertakings and/or distribution undertakings, what is its potential impact on the existing regulatory framework?

(d) What could be the potential impact of Internet retransmission on the broadcasting system, including, among others, viewers, subscribers, advertisers, producers and broadcasters?

(e) What are the current and potential business and economic models for Internet retransmission? What impact would the use of typical Internet advertising methods, such as banner ads and pop-up advertisements, have on advertisers and over-the-air broadcasters? What impact would a subscription model have on advertisers and over-the-air broadcasters?

(f) Given the significant bandwidth demands that the large-scale distribution of Internet retransmission could impose, in particular for video retransmission, is capacity generally available to support the Internet retransmission model? Are there any capacity bottlenecks? What are the mechanisms currently or potentially available that would address any concerns raised with respect to capacity?

(g) What impact could Internet retransmission have on the creation of Canadian content and the protection of program rights? Is it necessary to impose conditions on Internet retransmission to address any such impacts? If so, what conditions?

(h) What are the mechanisms currently or potentially available that would ensure the protection of program rights? In particular, how could the territorial reach of Internet retransmission of programming be restricted to a particular region or to particular customers? Similarly, how could such programming not be repropagated by customers to other Internet users?

(i) What are the mechanisms currently or potentially available that would ensure that the programming rights holders receive appropriate compensation and protection for the Internet retransmission of their programming?

(j) Are there mechanisms currently or potentially available that would ensure that the integrity of the signals was maintained (i.e. no alteration or deletion)?

(k) Should an Internet retransmitter assume any additional obligations when delivering over-the-air broadcast signals containing interactive elements?

(l) Would regulation of undertakings providing Internet retransmission of the signals of over-the-air programming undertakings contribute materially to, or detract from, the attainment of the objectives set out in the Act?

(m) If the Commission were to decide that licensing of Internet retransmission undertakings is appropriate under the Act, what conditions, if any, should be imposed on these undertakings? Should these conditions mirror those generally imposed on broadcasting distribution undertakings, pursuant to the Broadcasting Distribution Regulations, and individual licences? Are there practical impediments to the imposition of such conditions, in light of the technological differences between traditional distribution methods and Internet retransmission?

(n) Would the issuance of an exemption order, under the Act, specific to Internet retransmission of the signals of over-the-air programming undertakings facilitate or hinder the achievement of the Act's policy objectives?

(o) If an exemption order would facilitate the achievement of these policy objectives, what would be the appropriate scope of such an exemption order? Are there specific conditions that should be applied for exemption?

(p) How has the issue of Internet retransmission been approached in other countries? Which of these approaches would or would not be appropriate in the Canadian context, and why?

Call for Comments

6. The Commission invites written comments from the public on the matters raised in this public notice. The Commission will hold a two-phase process for the submission of written comments. In the first phase, the Commission will accept comments that it receives no later than September 6, 2002.

7. Interested parties, whether they have made submissions or not during the first phase, may then file reply comments no later than October 4, 2002. The reply comments must address matters raised by any of the comments submitted during the first phase.

8. The comments received in response to the Fact Finding Inquiry on Interactivity, Public Notice CRTC 2001-113, November 2, 2001, form part of the record of this proceeding.

9. The Commission will not formally acknowledge comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out in the notice have been followed.

P.C. 2002-1043
June 12, 2002

Whereas subsection 3(1) of the Broadcasting Act sets out the broadcasting policy for Canada;

Whereas section 5 of the Broadcasting Act provides that the Canadian Radio-Television and Telecommunications Commission is responsible for regulating and supervising all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1) of the Broadcasting Act;

Whereas the Exemption Order for New Media Broadcasting Undertakings, published in Appendix A to Public Notice CRTC 1999-197, December 17, 1999, exempts persons who engage in the retransmission of broadcasting signals over the Internet from all of the requirements of Part II of the Broadcasting Act and of any regulations made under that Part;

Whereas the exemption Order imposes no terms or conditions upon persons operating under it;

Whereas, since the exemption Order came into force, new media broadcasting undertakings have emerged who may wish to avail themselves of the existing provisions of the Copyright Act to retransmit the signals of over-the-air radio or television programming undertakings;

Whereas other broadcasting distribution undertakings are subject to obligations related to the retransmission of the signals of television or radio programming undertakings, including measures limiting the alteration or deletion of programming service and the protection of program rights;

Whereas subsection 15(1) of the Broadcasting Act provides that the Commission shall, on the request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission;

Whereas, in accordance with subsection 15(2) of the Broadcasting Act, the Minister of Canadian Heritage has consulted with the Commission with regard to the proposed request;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 15(1) of the Broadcasting Act, hereby requests the Canadian Radio-television and Telecommunications Commission to seek comments from the public and to report at the earliest time practicable, and in any event not later than January 17, 2003, on

(a) the broadcasting regulatory framework for persons who retransmit, by the Internet, the signals of over-the-air television or radio programming undertakings,

(b) the appropriateness of amending the Exemption Order for New Media Broadcasting Undertakings published in Appendix A to Public Notice CRTC 1999-197, December 17, 1999, regarding persons who retransmit by the Internet, the signals of over-the-air television or radio programming undertakings, and

(c) any other measures the Commission considers appropriate in this regard,

in order to meet the objectives of the broadcasting policy set out in the Broadcasting Act.

July 19, 2002

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-39

Cable Capacity Reports — Confidentiality of Bandwidth Capacity Information

In this notice, the Commission announces its decision to include — in its semi-annual updates on the cable capacity of Class 1 cable distribution undertakings having 20 000 or more subscribers — a simple confirmation as to whether an undertaking has a nominal bandwidth capacity of 750 MHz or more.

July 19, 2002

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NAFTA SECRETARIAT

DECISION

Magnesium

Notice is hereby given, pursuant to rule 70 of the NAFTA Article 1904 Panel Rules, that the panel established to review the Final Results of the Five-Year Reviews of the Countervailing Duty and Antidumping Duty Orders made by the United States International Trade Commission, respecting Magnesium from Canada, issued its decision on July 16, 2002 (Secretariat File No. USA-CDA-2000-1904-09).

In the July 16, 2002 decision, the binational panel remanded the agency's determination respecting Magnesium from Canada.

The binational panel instructed the investigating authority to provide its determination on remand by October 15, 2002.

Copies of the complete decision may be obtained from Canadian Government Publishing, Communications Canada, Ottawa, Canada K1A 0S9, (819) 956-4802 (Telephone), (819) 994-1498 (Facsimile).

Explanatory Note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in anti-dumping 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 expeditiously review final determinations to determine whether they are in accordance with the anti-dumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement that 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, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian Secretary

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NATIONAL ENERGY BOARD

APPLICATION FOR AUTHORIZATION TO EXPORT ENERGY

Advantage Energy, Inc.

Advantage Energy, Inc., 3556 Lake Shore Road, Suite 120, Buffalo, New York, U.S.A. 14219, hereby provides notice that it has, under Part III.1 of the National Energy Board Act, filed an application dated July 15, 2002, with the National Energy Board (the "Board") for authorization to export, over a ten-year term, up to 20 000 megawatts of firm power and up to 20 000 megawatts of combined firm and interruptible power per year.

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 office located at 3556 Lake Shore Road, Suite 120, Buffalo, New York, U.S.A. 14219. The Applicant will provide a copy of the application to any individual who requests a copy. A copy of the application is also available for viewing during normal business hours in the Board's Library, Room 1002, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), and with the Applicant by August 26, 2002.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear 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 the 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 specified in the application to those who, within 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 10, 2002.

5. Any reply that submitters wish to present in response to item 4 of this Notice of Application and Directions on Procedure shall be filed with the Secretary of the Board and served on the Applicant by September 20, 2002.

6. For further information on procedures governing the Board's examination, contact Michel L. Mantha, Secretary of the Board, by telephone at (403) 299-2714 or by facsimile at (403) 292-5503.

July 11, 2002

MICHEL L. MANTHA
Secretary

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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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