Government of Canada
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Vol. 134, No. 41 — October 7, 2000

COMMISSIONS

CANADA CUSTOMS AND REVENUE AGENCY

INCOME TAX ACT

Revocation of Registration of a Charity

The following notice of proposed revocation was sent to the charity listed below revoking it for failure to meet the parts of the Income Tax Act as listed in this notice:

"Notice is hereby given, pursuant to paragraphs 168(1)(b) and 168(1)(d) of the Income Tax Act, that I propose to revoke the registration of the charity 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."

Business Number Name/Address
118780931RR0001 ALBERT AND NANCY FRIEDBERG FOUNDATION, TORONTO, ONT.

ENIKÖ VERMES
Acting Director General
Charities Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Information Processing and Related Telecommunications Services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2000-018) on September 26, 2000, with respect to a complaint filed by Xwave Solutions Inc. (the complainant), of Stittsville, 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. W8474-9-HC02/A) by the Department of Public Works and Government Services (the Department), on behalf of the Department of National Defence. The solicitation was for a security and military police information system providing occurrence management capability and computer-aided dispatch, and ancillary services.

The complainant alleged that the Department improperly found the complainant's proposal to be non-compliant.

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 not 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, September 28, 2000

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-2000-006

Appeals

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. Unless otherwise specified, the hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, Standard Life Centre, 18th Floor, 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)

November 2000

Date AppealNumber Appellant
20 AP-99-068
AP-99-069
AP-99-070
AP-99-071
AP-99-072
Shoppers Drug Mart Ltd.
Subsection 68.2

Customs Act

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

November 2000

Date Appeal Number Appellant
1 AP-99-113 Claire's Canada Corporation
  Goods in Issue: Fashion accessories
  At Issue: Value for Duty
7 AP-2000-017 Intersave West Buying and Merchandising Services
  Goods in Issue: Mulan and Li Shang Fearless Rider Giftsets
  Date of Entry: May 20, 1998
  Tariff Items at Issue
  Appellant: 9502.10.00
  Respondent: 9503.70.10
16 AP-2000-015 Costco Canada Inc.
  Goods in Issue: "Iris" benches
  Dates of Entry: December 19, 1997, and January 26, 1998
  Tariff Items at Issue
  Appellant: 9401.79.90
  Respondent: 9401.79.10
27 AP-2000-022 Clariant (Canada) Inc.
  Goods in Issue: Sandostab(r) P-EPQ
  Date of Entry: June 4, 1999
  Tariff Items at Issue
  Appellant: 2931.00.91
  Respondent: 3812.30.90

September 29, 2000

By Order of the Tribunal

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

SUSPENSION OF INQUIRY

Bingo Paper

On September 27, 2000, the Canadian International Trade Tribunal (the Tribunal) received notice (Inquiry No. NQ-2000-003) from the Commissioner of the Canada Customs and Revenue Agency (the Commissioner) that, pursuant to subsection 49(1) of the Special Import Measures Act (SIMA), he had accepted an undertaking offered by the exporter with respect to the dumping in Canada of bingo paper, in finished or unfinished form, originating in or exported from the United States of America and produced by or on behalf of Arrow International, Inc., its affiliates, successors or assigns (the subject goods).

Pursuant to paragraph 50(b) of SIMA, the Tribunal's inquiry into the question of whether the dumping of the subject goods found by the Commissioner has caused injury or is threatening to cause injury, is suspended.

The inquiry will remain suspended while the undertaking is in force. In his notice, the Commissioner noted that, pursuant to subsection 51(1) of SIMA, he will terminate the undertaking and resume his investigation if, within 30 days of the notice of acceptance of an undertaking, a written request from an importer, the exporter or the complainant is received for termination of the undertaking.

Ottawa, September 29, 2000

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, 1 Promenade du Portage, Ground Floor, 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, Scotia Place Tower Two, 19th Floor, Suite 1909, 10060 Jasper Avenue, Edmonton, Alberta T5J 3R8, (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

DECISION

The complete text of the decision summarized below is available from the offices of the CRTC.

2000-395 September 26, 2000

Bell ExpressVu Inc.
Across Canada

Approved — Distribution of Bell ExpressVu's DTH service to subscribers in multiple unit dwellings (MUDs) using terrestrial facilities that may cross property lines, public streets or highways.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2000-9-1

Further to its Notice of Public Hearing CRTC 2000-9 dated September 15, 2000, relating to the public hearing which will be held on November 20, 2000, at 9 a.m. (Issue No. 1), at the Hilton Vancouver Metrotown, 6083 McKay Avenue, Burnaby, British Columbia, the Commission announces that the following application is for a broadcasting licence to carry on an English-language FM radio programming and not for a campus radio programming undertaking. Therefore, the word campus is removed and this item now reads as follows:

Item 6
Nanaimo, British Columbia

Application by Central Island Broadcasting Ltd. for a broadcasting licence to carry on an English-language FM radio programming undertaking at Nanaimo. The new station would operate on frequency 106.9 MHz (channel 295A) with an effective radiated power of 1 600 watts, upon surrender of the current licence issued to CKEG Nanaimo.

The applicant is proposing a music format consisting of "Great Oldies," and "Great 80's" music.

The applicant is also requesting permission to broadcast simultaneously on the AM and FM bands for a period of three months before surrendering the current licence issued to CKEG.

The following item is amended and the changes are underlined:

Issue No. 1 — Item 7
Nanaimo, British Columbia

Application by Radio Malaspina Society, 900 Fifth Street, Nanaimo, British Columbia V9R 5S5, for a broadcasting licence to carry on an English-language FM campus/community programming undertaking at Nanaimo. The new station would operate on frequency 101.7 MHz (channel 269A) with an effective radiated power of 880 watts.

September 27, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-112-1

The applications for the renewal of the campus and community radio programming undertakings listed in Public Notice CRTC 2000-112 included proposals for amendments to conditions of licence. These amendments are listed in this Public Notice and the intervention deadline in respect to these renewal applications is extended to October 19, 2000.

September 29, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-113-1

Extension of the Deadline for the Report of the Digital Migration Working Group

In Public Notice CRTC 2000-113 the Commission requested that providers of existing pay and specialty services and distributors who continue to use analog technology establish a working group. The purpose of the working group is to develop a proposal for submission to the Commission that addresses the distribution of existing analog services in a digital environment. In its public notice, the Commission requested that the working group submit its report to the Commission by October 31, 2000.

In a letter to the Commission dated August 29, 2000, the steering committee of the working group requested the Commission to grant a one month extension to the deadline for submission of the report. The working group explained that this extension would provide it with sufficient time to discuss the issues, attempt to obtain consensus and report to the Commission.

The Commission hereby grants the request of the steering committee and extends the deadline for submitting the report to November 30, 2000.

September 27, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-135

Atlantic and Quebec Region and Ontario Region

1. Télébec ltée, on behalf of Câblevision du Nord de Québec inc.
Angliers, Béarn, etc., Quebec; and Larder Lake, Virginiatown, Ontario

To transfer the effective control of the licensee by transferring all of the issued and outstanding shares to Télébec ltée.

Deadline for intervention: November 1, 2000

September 27, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-136

Radio Plus B.M.D. inc.
Asbestos, Quebec

The Commission announces that it has approved, by Letter of Authority A00-0093 dated September 19, 2000, a change to the effective control of Radio Plus B.M.D. inc., licensee of radio programming undertaking CJAN Asbestos. The change is effected through the purchase, by Ms. Marie-Paule Gendron-Drouin, of 51 percent of the voting shares of the licensee.

September 27, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-137

Amendments to Licences of Specialty and Pay Services Reflecting Revised Program Categories

Group 1

Canadian Learning Television Ltd.
(Canadian Learning Television)

591810 B.C. Ltd.
(Country Music Television)

Sportscope Television Network Inc.
(Headline Sports)

Partners in "Report On Business Television" a General Partnership
[Report on Business Television (ROBTv)]

Vision TV: Canada's Faith Network
(Vision TV)

3403688 Canada Inc
(Canal Évasion)

Les Chaînes Télé Astral inc. and Alliance Atlantis Broadcasting Inc.
(Séries +: formerly Canal Fiction)

Groupe TVA inc.
(Le Canal Nouvelles)

CTV Television Inc.
(CTV Newsnet)

MusiquePlus Inc.
(MusiquePlus)

Astral Television Networks Inc.
[Moviepix (east)]

Moviemax Ltd.
[MovieMax! (west)]

CHUM Limited
(Bravo!) (Space: The Imagination Station)

CHUM Limited and 3661458 Canada Inc.
Partners in a General Partnership Pulse 24

CBC
(Newsworld)

CTV Television Inc.
(Sportsnet)

Alliance Atlantis Broadcasting Inc.
(HGTV Canada Inc.)

1163031 Ontario Inc.
(Outdoor Life Network)

Lifestyle Television (1994) Limited
[Women's Television Network (WTN)]

Les Chaînes Télé Astral inc. and Alliance Atlantis Broadcasting Inc.
(Historia: formerly Canal Histoire)

Radiomutuel inc.
(Canal Z, aux limites du savoir)

SRC
(Le Réseau de l'Information)

Group 2

Les Chaînes Télé Astral inc.

To amend the broadcasting licence of Canal D by continuing to broadcast material in categories 2a, 2b, 12, 13 and 14; and, by removing the phrase "other than a music video clip" (category 8a) from its nature of service because music clips are now category 8b. The service will continue to broadcast category 8a.

Radiomutuel inc.

To amend the broadcasting licence of Canal Vie by continuing to broadcast material in categories 2a, 2b, 12, 13 and 14; and by deleting Audience Participation Sports (formerly 6c) from the list of programming categories that it is permitted to utilize. (Note: 6c no longer exists).

The Comedy Network Inc.

To amend the broadcasting licence of The Comedy Network by continuing to broadcast material in categories 12, 13 and 14; and by adding Animated Television Programs and Films (category 7e) to the list of programming categories that it is permitted to utilize.

2953285 Canada Inc.

To amend the broadcasting licence of The Discovery Channel by continuing to broadcast material in categories 2a, 2b, 5b, 12, 13 and 14; and by adding News (category 1), Human Interest (category 11) and Filler (category 15) to the list of programming categories that it is permitted to utilize.

The Family Channel Inc.

To amend the broadcasting licence of The Family Channel by maintaining the prohibition against the broadcast of infomercials (category 14); and by adding Formal Education and Pre-school (category 5a) and Informal Education/Recreation and Leisure (category 5b) to the list of programming categories that it is permitted to utilize.

History Television Inc.

To amend the broadcasting licence of The History and Entertainment Network (H&E) by continuing to broadcast material in categories 2a, 2b, 12, 13 and 14; and by adding Filler (category 15) to the list of programming categories that it is permitted to utilize.

Alliance Atlantis Broadcasting

To amend the broadcasting licence of Life Network Inc./ Réseau Life inc. as follows by continuing to broadcast material in categories 12, 13 and 14; and by adding Variety (category 9) to the list of programming categories that it is permitted to utilize.

MusiquePlus Inc.

To amend the broadcasting licence of MusiMax by continuing to broadcast material in categories 8a, 8b, 8c, 12, 13 and 14; and in condition of licence 1(a), by deleting the reference to broadcast 65 percent music video clips (category 8b) and replacing it with a reference to broadcast 65 percent music video programs (category 8c).

The Partners of Prime TV

To amend the broadcasting licence of Prime TV by continuing to broadcast material in categories 2a, 2b, 8a, 8b, 8c, 12, 13 and 14; and by adding Filler (category 15) to the list of programming categories that it is permitted to utilize.

Showcase Television Inc.

To amend the broadcasting licence of Showcase by continuing to broadcast material in categories 12, 13 and 14, and by adding Filler (category 15) to the list of programming categories that it is permitted to utilize.

The Sports Network Inc.

To amend the broadcasting licence of The Sports Network (TSN) by continuing to broadcast material in categories 12, 13 and 14; and, by adding Analysis and Interpretation and Long-form Documentaries (categories 2a and 2b) and Filler (category 15) to the list of programming categories that it is permitted to utilize.

CHUM Limited

To amend the broadcasting licence of Star! The Entertainment Information Station by continuing to broadcast material in categories 2a, 2b, 8a, 8b, 8c, 12, 13 and 14; and by adding Game Shows (category 10) to the list of programming categories that it is permitted to utilize.

CTV Television Inc.
(formerly Talk TV Inc.)

To amend the broadcasting licence of Talk TV by continuing to broadcast material in categories 2a, 2b, 12, 13 and 14; and by adding Informal Education/Recreation & Leisure (category 5b), Professional Sports (category 6a) and Amateur Sports (category 6b) restricted to magazine shows, call-in and talk shows and excluding the coverage of live sports, to the list of programming categories that it is permitted to utilize.

Teletoon Canada Inc.

To amend the broadcasting licence of Teletoon/Télétoon by continuing to broadcast material in categories 12, 13 and 14; and by adding Other Drama (category 7g) to the list of programming categories that it is permitted to utilize.

CHUM Limited

To amend the broadcasting licence of MuchMusic. The licensee proposes to revise the nature of service description.

Le Réseau des Sports (RDS) inc.

To amend the broadcasting licence of Le Réseau des Sports (RDS). The licensee proposes to revise the nature of service description.

Deadline for intervention: November 2, 2000

September 28, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-138

Atlantic and Quebec Regions

1. Canadian Broadcasting Corporation
Placentia, Newfoundland

To amend the broadcasting licence of the television programming undertaking CBNT St. John's, Newfoundland, by decreasing the effective radiated power of its transmitter CBNT-2 Placentia from 11 000 to 10 600 watts.

2. Canadian Broadcasting Corporation
Port-au-Port, Newfoundland

To amend the broadcasting licence of the television programming undertaking CBFT Montréal, Quebec, by increasing the effective radiated power of its transmitter CBFNT Port-au-Port from 14 000 to 15 000 watts.

3. Canadian Broadcasting Corporation
Stephenville, Newfoundland

To amend the broadcasting licence of the television programming undertaking CBYT Corner Brook, Newfoundland, by increasing the effective radiated power of its transmitter CBYT-1 Stephenville from 11 600 to 12 010 watts.

4. Canadian Broadcasting Corporation
St. John's, Newfoundland

To add a low-power television transmitter at St. John's. The purpose of this secondary transmitter is to provide a solution to the problem of poor English-language television reception in some areas of the St. John's downtown core.

5. Canadian Broadcasting Corporation
Liverpool, Nova Scotia

To amend the broadcasting licence of the television programming undertaking CBHT Halifax, Nova Scotia, by increasing the effective radiated power of its transmitter CBHT-1 Liverpool from 970 to 1 127 watts.

6. Canadian Broadcasting Corporation
Edmundston, New Brunswick

To amend the broadcasting licence of the television programming undertaking CBAFT Moncton, New Brunswick, by increasing the effective radiated power of its transmitter CBAFT-2 Edmundston from 8 500 to 19 500 watts.

7. Radio Blanc-Sablon inc.,
Lourdes-de-Blanc-Sablon, Middle Bay and Rivière-Saint-Paul, Quebec

To renew the broadcasting licence of the type A community radio programming undertaking CFBS-FM and its transmitters CFBS-FM-1 Middle Bay and CFBS-FM-2 Rivière-Saint-Paul, expiring February 28, 2001.

Ontario Region

8. 1353151 Ontario Inc.
Englehart, Ontario

To amend the broadcasting licence of radio station CJBB-FM Englehart, by increasing the effective radiated power from 17 to 1 600 watts.

Western Canada and Territories Region

9. Rogers Broadcasting Limited (Rogers)
Canmore, Alberta

To amend the broadcasting licence of radio station CJMT-FM Canmore, by increasing the effective radiated power from 360 to 510 watts.

10. Fairchild Television Ltd. (Fairchild)
British Columbia

Fairchild, which has a licence to operate a regional specialty television service known as "Talentvision," seeks to amend that licence to allow Talentvision to become a national service.

Deadline for intervention: November 3, 2000

September 29, 2000

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NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Household Appliances (Injury)

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 September 22, 2000, a first Request for Panel Review of the findings made by the Canadian International Trade Tribunal, respecting Certain Refrigerators, Dishwashers and Dryers, Originating in or Exported from the United States of America and Produced by, or on Behalf of, White Consolidated Industries, Inc. and Whirlpool Corporation, their Respective Affiliates, Successors and Assigns, was filed by counsel for Whirlpool Corporation and Inglis Limited with the Canadian Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement.

The findings were published in the Canada Gazette, Part I, on August 26, 2000 (Vol. 134, No. 35).

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 October 23, 2000];
(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 November 6, 2000]; and
(iii) the panel review will 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, CDA-USA-2000-1904-04, should be filed with the Canadian Secretary at the NAFTA Secretariat, Canadian Section, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4.

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 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 Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian 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 extensible hypertext markup language (XHTML 1.0 Strict).