Vol. 136, No. 15 — April 13, 2002

COMMISSIONS

CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of Registration of Charities

The following notice of proposed revocation was sent to the charities listed below because they have not met the filing requirements of the Income Tax Act:

"Notice is hereby given, pursuant to paragraph 168(1)(c) 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)(b) 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

APPEALS

Notice No. HA-2002-001

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.

Excise Tax Act

Appellant v. Respondent (Minister of National Revenue)

May 2002

Customs Act

Appellant v. Respondent (Commissioner of the Canada Customs and Revenue Agency)

May 2002

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* This appeal will be held at the Metropolitan Hotel Vancouver, 645 Howe Street, Vancouver, British Columbia.

April 5, 2002

By Order of the Tribunal
SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF ORDER

Bicycles and Frames

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review (Expiry Review No. RR-2002-001) of its order made on December 10, 1997, in Review No. RR-97-003, continuing with amendment, its finding made on December 11, 1992, in Inquiry No. NQ-92-002, concerning bicycles and frames originating in or exported from Chinese Taipei (formerly designated as Taiwan) and the People's Republic of China.

Notice of Expiry No. LE-2001-008, issued on February 8, 2002, informed interested persons and governments of the impending expiry of the order. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the order is warranted. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and governments, of its decision.

The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal's Web site at www.citt-tcce.gc.ca. In this expiry review, the Commissioner must determine whether the expiry of the order in respect of bicycles and frames is likely to result in the continuation or resumption of dumping of the goods.

If the Commissioner determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping, the Commissioner will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping is likely to result in material injury or retardation to the domestic industry.

If the Commissioner determines that the expiry of the order in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of material injury or retardation and will issue an order rescinding the order with respect to those goods.

The Commissioner must provide notice of his determination within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than July 31, 2002. The Commissioner will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the Commissioner's investigation.

Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the Commissioner's investigation and the Tribunal's inquiry, should the Commissioner determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping.

Commissioner's Investigation

The Commissioner will conduct his investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Anti-dumping and Countervailing Directorate's publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the Commissioner by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also be provided which will be disclosed to interested parties upon request.

With respect to the Commissioner's investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the Canada Customs and Revenue Agency (CCRA) exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. The Tribunal, on behalf of the Commissioner, has sent expiry review questionnaires to foreign producers and exporters, importers and domestic producers.

Tribunal's Inquiry

Should the Commissioner determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping, the Tribunal will conduct its inquiry, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of material injury or retardation. The schedule for the Tribunal's inquiry specifies, among other things, the date for the filing of replies by the domestic producers to Part E of the expiry review questionnaire, the date for the filing of replies to the Tribunal's market characteristics questionnaires, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation and the dates for the filing of submissions by interested parties.

Under section 46 of the Canadian International Trade Tribunal 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 the information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.

Public Hearing

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on October 21, 2002, at 9:30 a.m., to hear evidence and representations by interested parties.

Each interested person or government wishing to participate at the hearing as a party must file a notice of participation with the Secretary on or before August 12, 2002. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before August 12, 2002.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.

The Canadian International Trade Tribunal Rules govern these proceedings.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Communication

Written submissions, correspondence or requests for information regarding the Commissioner's investigation should be addressed to: Mr. Brian Hodgson, Anti-dumping and Countervailing Directorate, Canada Customs and Revenue Agency, Sir Richard Scott Building, 19th Floor, 191 Laurier Avenue W, Ottawa, Ontario K1A 0L5, (613) 954-7237 (Telephone), (613) 954-2510 (Facsimile).

A copy of the Commissioner's investigation schedule and the expiry review investigation guidelines are available on the CCRA's Web site at www.ccra-adrc.gc.ca/customs/business/ sima/index-e.html.

Written submissions, correspondence or requests for information regarding the Tribunal's inquiry should be addressed to: 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).

Written and/or oral communications to the CCRA and the Tribunal may be made in English or in French.

Ottawa, April 2, 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.

2002-72 March 28, 2002

Radiomédia inc.
Montréal, Quebec

Renewed — Broadcasting licence for the French-language radio network for the broadcast of the baseball games of the Montréal Expos, from April 1, 2002, to the end of the 2002 baseball season.

2002-73 March 28, 2002

North Superior Broadcasting Ltd.
Marathon and Wawa, Ontario

Approved — Authority to effect a corporate reorganization.

2002-74 March 28, 2002

Télédistribution Amos inc.
Saint-Félix-de-Dalquier, Quebec

Approved — Inclusion of the village of Saint-Dominique-du-Rosaire, as indicated on the map attached to the application.

2002-75 March 28, 2002

Rock 95 Broadcasting (Barrie-Orillia) Ltd.
Barrie Orillia, Ontario

Approved — Decrease of the effective radiated power from 96 300 watts to 70 000 watts.

2002-76 March 28, 2002

Maritime Broadcasting System Limited
Summerside, Prince Edward Island

Approved — Acquisition of the assets of the radio programming undertaking CJRW-FM Summerside from The Gulf Broadcasting Company Limited. The licence will expire August 31, 2004.

2002-77 March 28, 2002

628802 B.C. Ltd.
British Columbia (Whistler and area)

Approved — Acquisition of the assets of the regional Category 2 English-language specialty television service known as Tourist Channel. The licence will expire August 31, 2007.

2002-78 March 28, 2002

9078-2269 Québec inc.
Bégin and Saint-Félix-d'Otis, Quebec

Approved — Interim management of licensee by a trustee in bankruptcy.

2002-79 March 28, 2002

Cogeco Cable Canada Inc.
Cogeco Câble Rimouski inc.
Saint-Jérôme-de-Matane, Quebec

Approved — Acquisition of the assets of the cable distribution undertaking serving Saint-Jérôme-de-Matane, from Télécâble Grand-Détour inc. The licence will expire August 31, 2003.

Approved — Request for a broadcasting licence for Cogeco Câble Rimouski inc.

2002-80 March 28, 2002

Astral Broadcasting Group Inc.
Across Canada

Approved — Acquisition of the assets of the national, French-language specialty television services known as Canal Vie and Canal Z. The licence will expire August 31, 2003, in the case of Canal Vie, and August 31, 2005, in the case of Canal Z.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-13-1

Cable Inside Wire Lease Fee

Extension of deadlines for submissions of comments

1. In Call for Comments — Cable Inside Wire Lease Fee, broadcasting public notice CRTC 2002-13, March 8, 2002, the Commission called for comments on its preliminary view as to what would be a just and reasonable fee for the use of cable inside wire in multiple-unit dwellings.

2. At the request of the Canadian Cable Television Association, the Commission extends the deadlines for the filing of comments and replies.

3. As a first phase, the Commission will now accept comments that it receives on or before April 23, 2002.

4. This will be followed by a second written process to allow any party to file a reply to a comment filed with the Commission during the first phase. The Commission will now accept all such replies that it receives on or before May 3, 2002.

March 28, 2002

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NAFTA SECRETARIAT

DECISION

Pure 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 full sunset review of the antidumping duty order made by the United States Department of Commerce, International Trade Administration, respecting Pure Magnesium from Canada issued its decision on March 27, 2002 (Secretariat File No. USA-CDA-2000-1904-06).

In the March 27, 2002 decision, the binational panel affirmed in part and remanded in part the agency's determination respecting Pure Magnesium from Canada.

The binational panel instructed the investigating authority to provide its determination on remand by May 27, 2002.

Copies of the complete decision may be obtained from Canadian Government Publishing, Communication 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, 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, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian Secretary

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NAFTA SECRETARIAT

DECISION

Pure Magnesium and Alloy 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 full sunset reviews of the countervailing duty orders made by the United States Department of Commerce, International Trade Administration, respecting Pure Magnesium and Alloy Magnesium from Canada issued its decision on March 27, 2002 (Secretariat File No. USA-CDA-2000-1904-07).

In the March 27, 2002 decision, the binational panel affirmed in part and remanded in part the agency's determination respecting Pure Magnesium and Alloy Magnesium from Canada.

The binational panel instructed the investigating authority to provide its determination on remand by May 27, 2002.

Copies of the complete decision may be obtained from Canadian Government Publishing, Communication 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 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, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian Secretary

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NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Greenhouse Tomatoes

Notice is hereby given, in accordance with the Special Import Measures Act (as amended by the North American Free Trade Agreement Implementation Act), that on March 27, 2002, a first Request for Panel Review of the Final Determination of Sales at Less Than Fair Value made by United States Department of Commerce, International Trade Administration, respecting Greenhouse Tomatoes from Canada, was filed by counsel for Veg Gro Sales, Inc. (also known as K & M Produce Distributors Inc.); Red Zoo Marketing (also known as Performance Produce Limited); Mastronardi Produce Limited; J-D Marketing Inc.; and all Ontario companies subject to "all others" rate (collectively referred to as the "Ontario respondents") with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement. A Request for Panel Review was also filed by counsel for BC Hot House Foods Inc.

The final determination was published in the Federal Register, on February 26, 2002 [67 Fed. Reg. 8781].

The panel review will be conducted in accordance with the NAFTA Article 1904 Panel Rules. Subrule 35(1)(c) of the above-mentioned Rules provides that:

(i) a Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is April 26, 2002);
(ii) a Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review shall file a Notice of Appearance in accordance with rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is May 13, 2002); and
(iii) the panel review shall be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.

Notices of Appearance and Complaints pertaining to the present panel review, USA-CDA-2002-1904-04, should be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, Suite 2061, 14th Street and Constitution Avenue NW, Washington, DC, U.S.A. 20230.

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 panel reviews 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 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 NAFTA Article 1904 Panel Rules. 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

PUBLIC HEARING

Coral Energy Canada Inc.

The National Energy Board (the Board) has issued Hearing Order MH-1-2002 and directions on procedure with respect to an application filed by Coral Energy Canada Inc. (the Applicant), pursuant to subsections 71(2) and 71(3) of Part IV of the National Energy Board Act, for access to Union Gas Limited's Ojibway pipeline near Windsor, Ontario. A copy of the application is available for viewing during normal business hours at the following location: Coral Energy Canada Inc., 450 First Street SW, Suite 3500, Calgary, Alberta T2P 5H1.

The oral public hearing is scheduled to commence at 9 a.m. on Tuesday, June 11, 2002, at the Holiday Inn Select, 1855 Heron Church Road, Windsor, Ontario. The hearing will be held to obtain the evidence and views of interested parties on the application.

Any person interested in the hearing should consult the Board's directions on procedure for Hearing Order MH-1-2002 for further instructions. The directions on procedure may be obtained by calling the Board toll-free at 1-800-899-1265 and specifying the MH-1-2002 proceeding. The directions on procedure may also be obtained through the Board's Internet site at www.neb-one.gc.ca (click on "View Regulatory Documents," then under Traffic, Tolls and Tariffs click on "Group 2 Companies," then click on "Union Gas Limited").

Any person wishing to intervene in this proceeding must file a written intervention with the Secretary of the Board by noon, Mountain Time, on April 19, 2002, and serve one copy on the Applicant at the following address: Mr. Robert Andrews, Vice-President, Transportation, Coral Energy Canada Inc., 450 First Street SW, Suite 3500, Calgary, Alberta T2P 5H1.

The Applicant will provide a copy of its application, any amendments and all related documents to each intervenor.

Any person wishing only to comment on the application may do so in a letter to be filed with Michel L. Mantha, Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 292-5503 (Facsimile), secretary@neb-one.gc.ca (Electronic mail) by noon Mountain Time on May 17, 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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