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Vol. 136, No. 20 May 18, 2002
COMMISSIONS
CANADA CUSTOMS AND REVENUE AGENCY
SPECIAL IMPORT MEASURES ACT
Automotive Laminated Windshields Decision
On May 2, 2002, the Commissioner of Customs and Revenue made a preliminary determination of dumping, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA) respecting automotive laminated windshields for the automotive replacement market, of all sizes and shapes, whether they are clear or tinted, whether coated or not, whether or not they include antennae, ceramics, mirror buttons, VIN notches, and whether or not they are encapsulated, originating in or exported from the People's Republic of China.
For additional information, the goods subject to the investigation exclude the following:
Tempered automotive glass;
Laminated windshields manufactured for the Original Equipment Market (OEM); and
Laminated windshields for boats, armoured vehicles, railway vehicles, aircraft or spacecraft.
The goods subject to the investigation are usually classified under Harmonized System classification number 7007.21.00.21.
The Canadian International Trade Tribunal (Tribunal) will make a full inquiry into the question of injury to the domestic industry and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determination of dumping.
Pursuant to section 8 of SIMA, provisional duty is payable on subject goods released from customs during the period commencing on the date the preliminary determination was made and ending on the earlier of the day the investigation is terminated, the day on which the Tribunal makes an order or finding, or the day an undertaking is accepted. The amount of provisional duty payable is not greater than the estimated margin of dumping. The payment of such provisional duty is hereby demanded.
Information
A statement of reasons explaining this decision has been provided to persons directly interested in these proceedings. The statement is available on the CCRA's Web site at http://www. ccra-adrc.gc.ca/sima or by contacting Robert Veilleux at (613) 954-1666, or by facsimile at (613) 941-2612, or electronic mail at robert.veilleux@ccra-adrc.gc.ca.
Ottawa, May 2, 2002
ALICE SHIELDS
Director General
Anti-dumping and Countervailing Directorate
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
EDP Hardware and Software
Notice is hereby given that, after completing its inquiry (File No. PR-2001-060), the Canadian International Trade Tribunal (the Tribunal) made a determination on May 8, 2002, with respect to a complaint filed by Corel Corporation (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. K0360-000005/B) by the Department of Public Works and Government Services on behalf of the Department of the Environment. The solicitation was for the supply of an office automation suite comprised of an integrated word processor, spreadsheets, a presentation package and a database, and associated support, services and training.
The complainant alleged that the solicitation contained an evaluation methodology that was biased in favour of one particular supplier.
Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal determined that the complaint was valid.
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, May 9, 2002
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
EDP Hardware and Software
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2001-062) on May 10, 2002, with respect to a complaint filed by Foundry Networks Inc. (the complainant), of Nepean, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. V4658-000198/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Human Resources Development. The solicitation was for the supply of networking and telecommunications equipment.
The complainant alleged that PWGSC had improperly evaluated the submission of another supplier as being compliant.
Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade and the North American Free Trade Agreement, the Tribunal determined that the complaint was valid.
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, May 10, 2002
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Professional, Administrative and Management Support Services
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2001-059) on May 6, 2002, with respect to a complaint filed by MaxSys Professionals & Solutions Inc. (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. W2177-00EG01/B) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence (DND). The solicitation was for the supply of omnibus management consulting and professional services in five workstreams: business planning, program planning, project management, comptrollership and accounting, and human resources.
The complainant alleged that PWGSC and DND applied an unfair and biased evaluation methodology that resulted in the improper disqualification of proposals submitted by the complainant.
Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement and the Agreement on Government Procurement, the Tribunal determined that the complaint was valid.
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, May 7, 2002
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
DISMISSAL
EDP Hardware and Software
Notice is hereby given that the Canadian International Trade Tribunal (the Tribunal) issued an order (File No. PR-2001-061) on May 10, 2002, with respect to a complaint filed by Foundry Networks Inc. on February 8, 2002, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning a procurement (Solicitation No. 01B68-020615/A) by the Department of Public Works and Government Services on behalf of the Department of Agriculture and Agri-food. The solicitation was for the supply of internetworking equipment.
Having found that the complaint had no valid basis, the Tribunal, pursuant to paragraph 10(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, dismissed the complaint.
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, May 10, 2002
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Professional, Administrative and Management Support Services
The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2002-006) from XIA Information Architects Corporation (XIA), of Ottawa, Ontario, concerning a procurement (Solicitation No. DND-01/0336) by the Department of National Defence (DND). The solicitation is for the services of an information technology and project support specialist. 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 DND improperly declared XIA's bid non-compliant. It is further alleged that, in assessing XIA's proposal, evaluation criteria were inappropriately applied and that biased tender specifications and ambiguous or indefinite evaluation factors were used.
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, May 7, 2002
MICHEL P. GRANGER
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
REVIEW OF RECOMMENDATION
Textile Products Imported by Les Collections Shan Inc.
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will review (Review No. TA-2002-001) its recommendation to the Minister of Finance in Request Nos. TR-96-008 to TR-96-013, concerning certain textile products imported by Les Collections Shan Inc. (Shan), as implemented by Order in Council P.C. 1997-1668 dated November 20, 1997. The tariff relief order is scheduled to expire on October 31, 2002.
Tariff relief is provided for certain textile products, subject to annual quantity limits, as set out in the attached appendix, by way of a remission order. Remission of duty is granted on the condition that:
(a) the textile products are used by Shan in the manufacture of women's swimsuits with the Shan label; and
(b) the textile products that are imported by Shan for use in the manufacture of women's co-ordinated beachwear and co-ordinated accessories with the Shan label have a similar or complementary pattern and colour to the textile products used by Shan in the manufacture of women's swimsuits and are made by the same supplier.
Notice of Expiry No. TE-2001-002, issued on February 22, 2002, informed interested persons of the impending expiry of the tariff relief order. On the basis of representations requesting or opposing the initiation of a review received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of its recommendation is warranted.
The Tribunal will review, under section 19 of the Canadian International Trade Tribunal Act and in accordance with subsection 19(7) of the Textile Reference Guidelines, the appropriateness of recommending the renewal, amendment or termination of the tariff relief order on importations of textile products imported by Shan and covered by the said order. The review will be conducted by way of written submissions. To participate in the Tribunal's review, interested parties must file with the Tribunal a notice of appearance in Form I of the Textile Reference Guidelines on or before May 27, 2002.
As part of its review, the Tribunal will accept evidence on whether to recommend that the remission order, if continued, provide flexibility to allow some product substitution among product classes. Furthermore, in accordance with the terms of reference and to avoid inequities, the Tribunal will also consider requests from manufacturers of women's swimwear for tariff relief identical to that provided to Shan. Companies seeking such relief must demonstrate, among other things, that they are competing in the same market niche as Shan and that relief is warranted on the same products. The Tribunal's recommendation to the Minister of Finance is scheduled to be issued by August 30, 2002.
A schedule of events consisting of key dates is available from the Tribunal's Web site at www.citt-tcce.gc.ca.
Written submissions, correspondence or requests for information regarding this review 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).
Ottawa, May 6, 2002
MICHEL P. GRANGER
Secretary
APPENDIX
TEXTILE PRODUCTS COVERED BY LES COLLECTIONS SHAN REMISSION ORDER, 1997
PRODUCT |
HEADING, SUBHEADING OR TARIFF ITEM NO. |
ANNUAL LIMIT |
Knitted fabrics |
6002.30, 6002.42, 6002.43, 6002.92.90, 6002.93.00 |
100,000 mē |
Narrow woven fabrics |
58.06 |
500 kg |
Nonwovens |
5603.92, 5603.93, 5603.94 |
8,570 mē |
Padding |
5903.20.20, 5906.91.20 |
550 mē |
Tulles |
58.04 |
500 kg |
Woven fabrics of cotton |
5208.31, 5208.32, 5208.33, 5208.39, 5208.41, 5208.42, 5208.43, 5208.49, 5208.51, 5208.52, 5208.53, 5208.59, 5210.31, 5210.32, 5210.39, 5210.41, 5210.42, 5210.49, 5210.51, 5210.52, 5210.59, 5212.13, 5212.14, 5212.15, 5212.23, 5212.24, 5212.25 |
290 mē |
Woven fabrics of man-made filaments and man-made staple fibres |
5407.10, 5407.42, 5407.43, 5407.44, 5407.52, 5407.53, 5407.54, 5407.61, 5407.69, 5407.72, 5407.73, 5407.74, 5407.82, 5407.83, 5407.84, 5407.92, 5407.93, 5407.94, 5408.22, 5408.23, 5408.24, 5408.32, 5408.33, 5408.34, 55.12, 55.13, 55.14, 55.15, 55.16 |
4,000 mē |
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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.
2002-117-1 May 7, 2002
1333598 Ontario Limited
Thunder Bay and Pigeon River Border Crossing, Ontario
The Commission hereby corrects Decision CRTC 2002-117, April 26, 2002, in which the Commission incorrectly identified CIPR-FM Pigeon River Border Crossing as being a transmitter of CITB-FM Thunder Bay. In fact, CIPR-FM is licensed as a separate radio programming undertaking.
2002-128 May 6, 2002
Canadian Broadcasting Corporation
Montréal and Cowansville (including Granby and Sutton), Quebec
Radio Communautaire Missisquoi
Lac-Brome (including Sutton, Cowansville and Mansonville),
Quebec
Approved Addition of a transmitter at Cowansville to rebroadcast the CBC national English-language Radio One network.
Denied Competing application by Radio Communautaire Missisquoi for a broadcasting licence to operate an English-language type A community FM radio station at Lac-Brome.
2002-129 May 7, 2002
Canadian Broadcasting Corporation
Vancouver, British Columbia
Approved Use of 90.9 MHz by the CBC's new French-language station at Vancouver.
2002-130 May 7, 2002
Rogers Broadcasting Limited
Sechelt and Gibsons, British Columbia
Approved Increase of the effective radiated power of CISC-FM Gibsons from 33 watts to 820 watts.
2002-131 May 7, 2002
Rogers Radio (British Columbia) Ltd.
Chilliwack and Vancouver, British Columbia
Approved Relocation of CKVX-FM-2 Vancouver to another location on Mount Seymour and increase of the effective radiated power from 14 000 watts to 14 100 watts.
2002-132 May 7, 2002
Canadian Broadcasting Corporation
Halifax, Nova Scotia; Charlottetown, Prince Edward Island; St. John's,
Newfoundland and Labrador
Approved Broadcasting licence to carry on a French-language FM radio programming undertaking at Halifax with transmitters at Charlottetown and St. John's. The licence will expire August 31, 2008.
2002-133 May 7, 2002
Canadian Broadcasting Corporation
Calgary and Edmonton, Alberta
Approved Broadcasting licence to carry on a French-language FM radio programming undertaking at Calgary with a transmitter at Edmonton. The licence will expire August 31, 2008.
2002-134 May 8, 2002
Denis Benoît, on behalf of a company to be incorporated
Shawinigan, Quebec
Approved Increase of the effective radiated power of the new developmental campus radio station in Shawinigan from 1 watt to 5 watts.
2002-135 May 8, 2002
O. K. Radio Group Ltd.
Grande Prairie, Fort McMurray and Tar Island, Alberta; Victoria and Sooke,
British Columbia
Approved Corporate reorganization of O. K. Radio Group Ltd.
2002-136 May 8, 2002
Malette Maheu syndics et gestionnaires inc.
Bégin and Saint-Félix-d'Otis, Quebec
Revocation of the licences held by 9078-2269 Québec inc. for the cable distribution undertakings serving Bégin and Saint-Félix-d'Otis.
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PUBLIC HEARING 2002-6
The Commission will hold a public hearing commencing on July 15, 2002, at 9:30 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec, to consider the following:
1. World Audio-Visual Entertainment Systems (W.A.V.E.S.) Inc.
Across Canada
For a licence to operate a television programming undertaking limited duration special event facilitating undertaking.
2. Saint Francis Xavier University Students' Union, for a not-for-profit organization
to be incorporated (CFXU Radio Society),
Antigonish, Nova Scotia
For a licence to operate an English-language FM developmental community radio station in Antigonish.
3. Acadian Communication Limited
Cheticamp, Nova Scotia
To amend the licence of its radiocommunication distribution undertaking (subscription television).
4. 591991 B.C. Ltée
Amqui, Quebec
To convert radio station CFVM Amqui from the AM band to the FM band.
5. Télévision MBS inc. (CFTF-TV)
Baie-Saint-Paul, Quebec
To amend its licence in order to add a transmitter at Baie-Saint-Paul to offer the programming of CFTF-TV Rivière-du-Loup (an affiliate of the TQS network).
6. Télévision MBS inc. (CFTF-TV)
Gaspé, Quebec
To amend its licence in order to add a transmitter at Gaspé to offer the programming of CFTF-TV Rivière-du-Loup (an affiliate of the TQS network).
7. TQS inc.
Trois-Rivières, Quebec
To amend the licence of television station CKTM-TV.
8. TQS inc.
Trois-Rivières, Quebec
To amend the licence of television station CFKM-TV.
9. Dryden District Chamber of Commerce
Dryden, Ontario
For a licence to operate an English-language FM low-power radio station consisting of a tourist information service in Dryden.
10. Rogers Broadcasting Limited
Toronto, Ontario
For a network licence to operate an English-language radio network for the purpose of broadcasting the baseball games of the Toronto Blue Jays during the 2002 and 2003 seasons.
11. Greater Toronto Airports Authority
Toronto, Ontario
To amend the licence of radio station CFYZ.
12. Telemedia Radio (West) Inc.
Blairmore, Alberta
To convert radio station CJPR Blairmore from the AM band to the FM band.
Deadline for intervention: June 20, 2002
May 10, 2002
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION
PUBLIC NOTICE 2002-23
Renewal of Radio Programming and Radio Network Undertaking Licences Due to Expire August 31, 2002
The Commission announces that it has received licence renewal applications for radio programming and radio network undertakings whose licences are due to expire August 31, 2002. The licensees seeking renewal are listed below.
Except as otherwise noted below, the Commission intends to renew these broadcasting licences subject to the conditions specified in Public Notice CRTC 199-137. If necessary some of the applications include amendments to add or delete one or more conditions of licence. The proposed conditions of licence are identified below, where applicable.
Some licensees have been noted to be in apparent failure to comply with regulatory requirements during the current licence term. Those licensees, as well as the obligations, that are the object of apparent non-compliance are identified in the list of applications set out below. As noted in Circular No. 444, licensees that are found to be in non-compliance will generally be granted a short-term licence renewal for a period of four years to enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986, and their conditions of licence.
1. Newcap Inc. Carbonear,
Newfoundland and Labrador
(CHVO Carbonear)
2. Newcap Inc.
Clarenville, Newfoundland and Labrador
(CKVO Clarenville)
3. Humber Valley Broadcasting Company Limited
Corner Brook, Deer Lake, Port-aux-Choix and St. Anthony, Newfoundland
and Labrador
(CFCB Corner Brook and its transmitters CFDL-FM Deer Lake, CFNW Port-aux-Choix
and CFNN-FM St. Anthony)
4. Newcap Inc.
Corner Brook and Stephenville, Newfoundland and Labrador
(CKXX-FM Corner Brook and its transmitter CKXX-FM-1 Stephenville)
5. Newcap Inc. Gander,
Newfoundland and Labrador
(CKGA Gander)
6. Humber Valley Broadcasting Company Limited
Goose Bay, Wabush and Churchill Falls, Newfoundland and Labrador
(CFLN Goose Bay and its transmitters CFLW Wabush, and CFLC-FM Churchill
Falls)
7. Newcap Inc.
Grand Falls and Baie Verte, Newfoundland and Labrador
(CKCM Grand Falls and its transmitter CKIM Baie Verte)
8. Newcap Inc.
Marystown, Newfoundland and Labrador
(CHCM Marystown)
9. Newcap Inc.
St. John's, Newfoundland and Labrador
(VOCM St. John's)
10. Newcap Inc.
St. John's, Newfoundland and Labrador
(CKIX-FM St. John's)
11. Newfoundland Broadcasting Company Limited
St. John's, Newfoundland and Labrador
(radio network rebroadcasting CHOZ-FM St John's and affiliate station
CFZY-FM Stockholm, Saskatchewan)
12. Newfoundland Broadcasting Company Limited
St. John's, Argentia, Bonavista, Clarenville, Cornerbrook, Marystown,
Norris Arm, Red Rocks and Stephenville, Newfoundland and Labrador
(CHOZ-FM St. John's and its transmitters CFOZ-FM Argentia, CJOZ-FM Bonavista,
CKCV-FM Clarenville, CKOZ-FM Cornerbrook, CIOZ-FM Marystown, CHOS-FM Norris
Arm, CKSS-FM Red Rocks and CIOS-FM Stephenville)
13. Newcap Inc.
St. John's and Clarenville, Newfoundland and Labrador
(VOCM-FM St. John's and its transmitter VOCM-FM-1 Clarenville)
14. Humber Valley Broadcasting Company Ltd.
Stephenville, Channel-Port-aux-Basques, St. Andrew's, Newfoundland and
Labrador
(CFSX Stephenville)
The licensee also proposes to amend its licence for CFSX by adding CFGN Channel-Port-aux-Basques and CFCV-FM St. Andrew's to rebroadcast the programming of CFSX
15. Troubador Radio Society Inc.
Stephenville, Newfoundland and Labrador
(CHUG Stephenville)
16. 9022-6242 Québec inc.
Baie-Comeau and Forestville, Quebec
(CHLC-FM Baie-Comeau and its transmitter CFRP-FM Forestville)
17. Astral Radio Inc.
Chicoutimi, Quebec
(CKRS Chicoutimi)
18. Coopérative de travail de la radio de Granby
Granby, Quebec
(CFXM-FM Granby)
19. Entreprises Radio Etchemin inc.
Lévis, Quebec
(CFOM-FM Lévis)
20. Astral Radio inc.
Magog and Sherbrooke, Quebec
(CIMO-FM Magog and its transmitter CIMO-FM-1 Sherbrooke)
21. Metromedia CMR Montreal Inc.
Montréal (Verdun), Quebec
(CINF Montréal [Verdun])
22. Cogeco Diffusion inc.
Québec, Quebec
(CJMF-FM Québec)
23. Astral Radio Inc.
Québec (Quebec)
(CHIK-FM Québec)
24. Radio Beauce inc.
Saint-Georges-de-Beauce, Quebec
(CKRB-FM Saint-Georges-de-Beauce)
25. Radio du Golfe Inc.
Sainte-Anne-des-Monts, Mont-Louis, Les Méchins and Grande-Vallée,
Quebec
(CJMC-FM Sainte-Anne-des-Monts and its transmitters CJMC-FM-2 Mont-Louis,
CJMC-FM-3 Les Méchins and CJMC-FM-4 Grande-Vallée)
26. 9079-3670 Québec inc.
Sainte-Marie-de-Beauce, Quebec
(CHEQ-FM Sainte-Marie-de-Beauce)
27. François Labbé, doing business under the style of "Réseau
des Appalaches"
Thetford Mines, Quebec
To renew the broadcasting licence of the French-language radio network Thetford Mines.
28. Radio Mégantic ltée
Thetford Mines and Disraeli, Quebec
(CKLD-FM Thetford Mines and its transmitter CJLP-FM Disraeli)
29. Réseau des Appalaches (FM) ltée
Thetford Mines, Victoriaville and Lac Mégantic, Quebec
(CFJO-FM Thetford Mines/Victoriaville and its transmitter CFJO-FM-1 Lac
Mégantic)
30. Durham Radio Inc.
Ajax and Sunderland
(CJKX-FM Ajax and its transmitter CJKX-FM-1 Sunderland)
31. Golden West Broadcasting Ltd.
Estevan, Saskatchewan
(CJSL Estevan)
32. Dace Broadcasting Corporation
Kindersley and Rosetown, Saskatchewan
(CFYM Kindersley and CJYM Rosetown)
33. Radio CJVR Ltd.
Melfort, Saskatchewan
(CKJH Melfort)
34. Golden West Broadcasting Ltd.
Moose Jaw, Saskatchewan
(CHAB Moose Jaw)
35. Central Broadcasting Company Limited
Prince Albert, Saskatchewan
(CKBI Prince Albert)
36. Central Broadcasting Company Limited
Prince Albert and Waskesiu Lake, Saskatchewan
(CFMM-FM Prince Albert and its transmitter CFMM-FM-1
Waskesiu Lake)
37. Harvard Broadcasting Inc.
Regina, Saskatchewan
(CKRM Regina)
38. Harvard Broadcasting Inc.
Regina, Saskatchewan
(CHMX-FM Regina)
39. Rawlco Radio Ltd.
Saskatoon, Saskatchewan
(CKOM Saskatoon)
40. Rawlco Radio Ltd.
Regina, Saskatchewan
(CIZL-FM Regina)
41. Rawlco Radio Ltd.
Saskatoon, Saskatchewan
(CFMC-FM Saskatoon)
42. Saskatchewan Ltd.
Saskatoon, Saskatchewan
(CJDJ-FM Saskatoon)
43. Golden West Broadcasting Ltd.
Shaunavon, Saskatchewan
(CJSN Shaunavon)
44. Golden West Broadcasting Ltd.
Swift Current, Saskatchewan
(CKSW Swift Current)
45. Golden West Broadcasting Ltd.
Swift Current, Saskatchewan
(CIMG-FM Swift Current)
46. Golden West Broadcasting Ltd.
Weyburn, Saskatchewan
(CFSL Weyburn)
47. Yorkton Broadcasting Company Limited and Walsh Investments Inc., partners
in GX Radio, a general partnership
Yorkton, Saskatchewan
(CJGX Yorkton)
48. Fairchild Radio (Calgary) Ltd.
Calgary, Alberta
(CHKF-FM Calgary)
49. Touch Canada Broadcasting Inc.
Calgary, Alberta
(CJSI-FM Calgary)
50. O.K. Radio Group Ltd.
Grande Prairie and Peace River, Alberta
(CFGP-FM Grande Prairie and its transmitter CFGP-FM-1 Peace River)
Deadline for intervention: June 10, 2002
May 6, 2002
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS
COMMISSION
PUBLIC NOTICE 2002-24
Amendments to the Specialty Services Regulations, 1990 and the Pay Television Regulations, 1990 Ownership of discretionary services Requirements for prior approval
In Ownership of analog discretionary services by cable undertakings, Public Notice CRTC 2001-66, June 7, 2001; and Ownership of analog discretionary services by cable undertakings amendment to the Commission's policy, Public Notice CRTC 2001-66-1, August 24, 2001, the Commission announced a change to its policy with respect to cable ownership of analog discretionary programming services. The Commission stated that, as a matter of broadcasting policy, it would permit cable companies and their related entities to purchase interests, including controlling interests, in Canadian analog pay and specialty programming services.
The Commission also announced that it intended to amend the Specialty Services Regulations, 1990 and the Pay Television Regulations, 1990 (collectively the regulations) to remove the requirement for prior Commission approval that applies in situations where a person who is (or controls) the licensee of a broadcasting distribution undertaking or any broadcasting undertaking engaged in the exhibition of specialty or pay services acquires 10 percent or more of the voting interests of a person who is (or controls) the licensee of a specialty or a pay television service. The Commission added that the other approval and notification thresholds found in the regulations would remain unchanged.
In Call for comments Proposed amendments to the Specialty Services Regulations, 1990 and the Pay Television Regulations, 1990, Public Notice CRTC 2001-111, October 31, 2001 and Call for comments Proposed amendments to the Specialty Services Regulations, 1990 and the Pay Television Regulations, 1990 Extension of deadline for comments, Public Notice CRTC 2001-111-1, November 22, 2001, the Commission invited public comments on proposed amendments to remove these requirements for prior Commission approval by deleting paragraph 10(4)(d) of the Specialty Services Regulations, 1990 and paragraph 6(4)(d) of the Pay Television Regulations, 1990.
The Commission received one comment on the proposed changes and has taken this comment into consideration during its deliberations.
The Commission has adopted the amendments to the regulations that are set out in the appendix to the notice. These amendments were registered with the Clerk of the Privy Council on December 21, 2001 and came into effect on that same date. They were published in the Canada Gazette, Part II, on January 2, 2002.
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HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION
HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Decisions and Orders on Claims for Exemption
Pursuant to paragraph 18(1)(a) of the Hazardous Materials Information
Review Act, the Chief Screening Officer of the Hazardous Materials
Information Review Commission hereby gives notice of the decision of the
Screening Officer, respecting each claim for exemption, and the relevant
Material Safety Data Sheets (MSDSs), listed below.
Claimant |
Product Identifier
(As shown on the MSDS) |
Registry Number |
MSDS Preparation Date
(As shown on the MSDS) |
Date of Decision |
Cansolv
Technologies
Inc.,
Montréal,
Québec |
CANSOLV® Absorbent DS
ABSORBANT CANSOLV® DS |
4245 |
2000.10.10 |
March 19, 2002
|
Ethox
Chemicals,
LLC,
Greenville,
South
Carolina |
Ethox EG-2 |
4289 |
January 19, 2001 |
March 5, 2002
|
BYK-Chemie
USA,
Wallingford, Connecticut |
BYK-W 968 |
4299 |
01/01/99 |
February 22, 2002
|
Borden
Chemicals
Canada, Ltd.,
Toronto,
Ontario |
StructurFastTM OSB-38TS |
4323 |
07-APR-99 |
January 28, 2002
|
Charles
Tennant &
Company
(Canada)
Limited,
Weston,
Ontario |
FLEX 20 |
4330 |
MAR 11/1999 |
February 26, 2002
|
Charles
Tennant &
Company
(Canada)
Limited,
Weston,
Ontario |
FLEX 41 |
4331 |
MAR 11/1999 |
February 26, 2002
|
Charles
Tennant &
Company
(Canada)
Limited,
Weston,
Ontario |
FLEX 31 |
4332 |
MAR 11/1999 |
February 26, 2002
|
Chevron
Chemical
(Canada)
Ltd.,
Burlington,
Ontario |
OLOA 958Q |
4339 |
January 9, 2001 |
March 26, 2002
|
Borden
Chemicals
Canada, Ltd.,
Toronto,
Ontario |
Cascophen OS-303DS |
4346 |
16-AUG-99 |
January 28, 2002
|
Borden
Chemicals
Canada,
Ltd.,
Toronto,
Ontario |
StructurFastTM ODS-45TS |
4366 |
28-AUG-99 |
January 28, 2002
|
BYK-Chemie
USA,
Wallingford, Connecticut |
BYK-3155 |
4390 |
05/11/99 |
March 7, 2002
|
3M Canada
Company,
London,
Ontario |
SCOTCH-WELD (TM) STRUCTURAL PLASTIC ADHESIVE DP-8005 (PART A) |
4424 |
08/31/2001 |
March 6, 2002
|
3M Canada
Company,
London,
Ontario |
3M(TM) LIGHT WATER (TM) SFFF |
4436 |
03/15/2000 |
November 23, 2001
|
ONDEO
Nalco
Energy
Services
Canada Inc.,
formerly/
antérieurement Nalco/Exxon
Energy
Chemicals
Canada Inc.,
Calgary,
Alberta |
J494 PH CONTROL AGENT |
4441 |
06/17/1999 |
February 21, 2002
|
Crompton
Co./Cie,
formerly/
antérieurement
Witco
Canada, Inc.,
West Hill,
Ontario |
NIAX Catalyst C-262/ Catalyseur NIAX C-262 |
4475 |
August 30, 1999 (English/anglaise) le 30 août 1999 (French/française) |
February 8, 2002
|
Borden
Chemicals
Canada, Ltd.,
Toronto,
Ontario |
StructurFastTM FC-33DS |
4572 |
31-MAY-00 |
January 28, 2002
|
Borden
Chemicals
Canada, Ltd.,
Toronto,
Ontario |
StructurFastTM OS-33TS |
4822 |
10-AUG-00 |
January 28, 2002
|
Borden
Chemicals
Canada, Ltd.,
Toronto,
Ontario |
Cascophen OS-33D |
4963 |
21-AUG-01 |
January 28, 2002
|
Borden
Chemicals
Canada, Ltd.,
Toronto,
Ontario |
Cascophen OS33LD |
5000 |
20-MAR-01 |
January 28, 2002
|
Notes: 1. The Notice of Filing published in the Canada Gazette, Part I, on August 7, 1999, listed the subject of the claims bearing Registry Numbers 4323 and 4346 to be the chemical identity of one ingredient. It has since been established that the subject of the claims is the chemical identity of two ingredients.
2. The Notice of Filing published in the Canada Gazette, Part I, on August 7, 1999, listed the subject of the claim bearing Registry Number 4339 to be the chemical identity and concentration of three ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of one ingredient.
3. The Notice of Filing published in the Canada Gazette, Part I, on August 7, 1999, listed the subject of the claim bearing Registry Number 4366 to be the chemical identity of one ingredient. It has since been established that the subject of the claim is the chemical identity of three ingredients.
4. The Notice of Filing published in the Canada Gazette, Part I, on August 7, 1999, incorrectly listed the subject of the claim bearing Registry Number 4424 to be the concentration of two ingredients instead of the chemical identity of two ingredients. It has since been established that the subject of the claim is the chemical identity of one ingredient.
5. The Notice of Filing published in the Canada Gazette, Part I, on July 22, 2000, listed the subject of the claim bearing Registry Number 4572 to be the chemical identity of one ingredient. It has since been established that the subject of the claim is the chemical identity of three ingredients.
6. The Notice of Filing published in the Canada Gazette, Part I, on December 9, 2000, listed the subject of the claim bearing Registry Number 4822 to be the chemical identity of one ingredient. It has since been established that the subject of the claim is the chemical identity of three ingredients.
There were no submissions from affected parties to the Screening Officer with respect to any of the above claims for exemption and related MSDSs.
Each of the claims for exemption listed above was found to be valid. The Screening Officer reached this decision after reviewing the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. Having regard for the various data readily available in the literature and any information provided by the claimant, the Screening Officer found that the respective MSDS relating to each claim did not comply with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Number 4245
The claimant has been ordered to amend certain aspects of the format of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the percent concentration of ethylene glycol in an acceptable manner;
2. Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals;
3. In relation to the first aid information shown on the MSDS for ingestion, disclose a statement such as the following: Never give anything by mouth if the casualty is rapidly losing consciousness, or is unconscious or convulsing. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
4. Disclose an LD50 (oral, rat) value of 19.6 g/kg for the controlled product;
5. Disclose dermal LD50 values for two of the confidential hazardous ingredients in an acceptable manner;
6. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A.
Registry Number 4289
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Correct the information presented under the subheading Product Information Number;
2. Disclose a lower bound to the LD50 (oral, rat) of 2 g/kg for the controlled product;
3. Add eye contact and ingestion as routes of entry;
4. Correct the impression that the controlled product is merely severely irritating as opposed to being a corrosive material;
5. Correct the information pertaining to the subheading sensitization by disclosing that the material is a sensitizer;
6. Disclose that the controlled product has shown positive results in a screening test for mutagenicity;
7. Disclose storage precautions in words having the following effect: Keep away from incompatible materials;
8. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that the skin should be washed with water for 15 minutes or until the chemical is removed. Also disclose that contaminated clothing should be removed under running water;
9. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Acknowledgement: Subsequent to the review of the MSDS-of-Record respecting this particular claim, the claimant provided the Commission with a copy of a revised version. This revised version of the MSDS was not, however, reviewed by the Screening Officer.
Registry Number 4299
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose that an ingredient in the controlled product has been shown to cause developmental effects in laboratory animals at maternally toxic dose levels;
2. In relation to the period of time shown on the MSDS for flushing the eyes with water should eye contact occur, delete the current reference to "fifteen minutes" and replace it with a time of "at least twenty minutes;"
3. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that the skin should be washed with water for at least 20 minutes;
4. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Registry Numbers 4323 and 4346
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional confidential hazardous ingredient in the controlled product, together with its percent concentration;
2. Disclose oxides of carbon, sulphur and nitrogen as hazardous combustion products;
3. Add oxides of nitrogen and sulphur to the list of hazardous decomposition products;
4. Registry Number 4323:
(a) In relation to the first aid information shown on the MSDS for ingestion, delete the statement, "If accidentally swallowed, dilute by drinking large amounts of water," and replace it with a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Obtain medical attention immediately;
(b) In relation to the first aid information shown on the MSDS for skin contact, add that the area of contact should be flushed with large quantities of water, contaminated clothing should be removed and medical attention obtained in cases where irritation persists;
(c) Disclose a lower bound to the LD50 (oral, rat) of 2 g/kg for the controlled product;
5. Registry Number 4346:
(a) In relation to the first aid information shown on the MSDS for ingestion, delete the statement, "If accidentally swallowed, dilute by drinking large amounts of water," and replace it with a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
(b) Disclose a lower bound to the LD50 (oral, rat) of 2 g/kg for an essentially similar controlled product.
Registry Numbers 4330 to 4332, inclusive
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that medical attention should be obtained immediately;
2. In relation to the first aid information shown on the MSDS for eye contact, disclose a statement to the effect that the eyes should be flushed continuously with lukewarm, gently flowing water for at least 20-30 minutes while taking care not to rinse contaminated water into the unaffected eye;
3. Delete the use of water as a means of extinction and add a statement that water should not be used except to cool containers;
4. Add a statement to the effect that workers should prevent accidental contact with water;
5. Registry Number 4330: Disclose that an ingredient in the controlled product is considered to be a germ cell mutagen based on positive results in in vivo screening tests;
6. Registry Number 4331: Disclose an LD50 (dermal, female rabbit) value of 2 640 mg/kg for isobutyl alcohol;
7. Registry Number 4332:
(a) Disclose an LC50 (8 hours, rat) value of 12 000 ppm for isopropanol;
(b) Disclose the Exposure Limit Value ACGIH TLV-STEL = 500 ppm for isopropanol;
(c) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A.
Registry Number 4339
The claimant has been ordered to amend certain aspects of the content of the MSDS.
Registry Number 4366
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose the presence of two additional confidential hazardous ingredients in the controlled product together with their percent concentrations;
2. In relation to the first aid information shown on the MSDS for ingestion, delete the statement, "If accidentally swallowed, dilute by drinking large amounts of water," and replace it with a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
3. Disclose oxides of carbon, sulphur and nitrogen as hazardous combustion products;
4. Add oxides of nitrogen and sulphur to the list of hazardous decomposition products.
Registry Number 4390
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A;
2. Disclose that an ingredient in the controlled product has been shown to cause fetotoxicity in laboratory animals;
3. Disclose that an ingredient in the controlled product has shown positive test results in in vitro screening tests for mutagenicity.
Registry Number 4424
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for eye contact, disclose a statement to the effect that the eyes should be flushed continuously with lukewarm, gently flowing water for at least 20-60 minutes while holding eyelid(s) open and taking care not to rinse contaminated water into the unaffected eye or face. If irritation persists, the flushing procedure should be continued;
2. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that the skin should be flushed with water for at least 20 minutes or until the chemical is removed;
3. In relation to the first aid information shown on the MSDS for ingestion, delete the statement to drink two glasses of water and replace it with a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Never give anything by mouth if the casualty is rapidly losing consciousness, unconscious, or convulsing.
Registry Number 4436
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Add oxides of nitrogen to the list of hazardous decomposition products;
2. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse effects on the spleen, liver and the blood of laboratory animals.
Registry Number 4441
The claimant has been ordered to amend certain aspects of the content of the MSDS.
Registry Number 4475
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional hazardous ingredient in the controlled product, together with its percent concentration;
2. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that the skin should be washed with water for 20 minutes or until the chemical is removed;
3. Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals in the absence of maternal toxic effects;
4. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A.
Registry Numbers 4572 and 4822
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose the presence of two additional confidential hazardous ingredients in the controlled product together with their percent concentrations;
2. In relation to the first aid information shown on the MSDS for ingestion, delete the statement, "If accidentally swallowed, dilute by drinking large amounts of water," and replace it with a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Obtain medical attention immediately;
3. In relation to the first aid information shown on the MSDS for skin contact, add that the area of contact should be flushed with large quantities of water, contaminated clothing should be removed and that medical attention obtained in cases where irritation persists;
4. Disclose oxides of carbon, sulphur and nitrogen as hazardous combustion products;
5. Add oxides of nitrogen and sulphur to the list of hazardous decomposition products.
Registry Numbers 4963 and 5000
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional hazardous ingredient in the controlled product, together with its CAS Registry Number and percent concentration;
2. In relation to the first aid information shown on the MSDS for ingestion, delete the statement, "If accidentally swallowed, dilute by drinking large amounts of water," and replace it with a statement such as the following: Have casualty drink 250-300 mL of water to dilute the ingested material. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration. Obtain medical attention immediately;
3. In relation to the first aid information shown on the MSDS for skin contact, add that the area of contact should be flushed with large quantities of water, contaminated clothing should be removed and that medical attention obtained in cases where irritation persists.
Having regard to the foregoing, and pursuant to section 17 of the Hazardous Materials Information Review Act, notice is hereby given that the Screening Officer has, for each of the above-noted claims, directed the claimant to comply with the provisions of the Hazardous Products Act and the Controlled Products Regulations within 30 days from the expiry of the appeal period, except that the information in respect of which the claim for exemption was made does not have to be disclosed, and to provide a copy of the amended MSDS to the Screening Officer within 40 days of expiry of the appeal period.
Pursuant to paragraph 18(1)(b) of the Hazardous Materials Information Review Act, this notice includes certain information that, in the opinion of the Screening Officer, should have been shown on the relevant MSDS.
Pursuant to subsection 24(1) of the Controlled Products Regulations, amended MSDSs must be available in both official languages.
Section 20 of the Hazardous Materials Information Review Act affords the opportunity to a claimant or any affected party, within the meaning of subsection 2(2) of the Hazardous Materials Information Review Regulations, to appeal any decision or order of a Screening Officer. To initiate the appeal process, a Statement of Appeal (Form 1) as prescribed by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations must be completed and delivered within 45 days of the publication of this notice in the Canada Gazette, Part I, to the Chief Appeals Officer at the following address: Hazardous Materials Information Review Commission, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3, (613) 993-4472.
R. BOARDMAN
Chief Screening Officer
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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 May 1, 2002, a first Request for Panel Review of the Amended Final Determination of Sales at Less Than Fair Value made by the 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.); Amco Farms Inc.; Southpoint Produce (1997) Ltd.; and all Ontario companies subject to the "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.
The amended final determination was published in the Federal Register, on April 2, 2002 [67 Fed. Reg. 15528].
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 May 31, 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 June 17, 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-2002-1904-06, 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 20230 U.S.A.
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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