Government of Canada
Symbol of the Government of Canada


Vol. 137, No. 20 — May 17, 2003

MISCELLANEOUS NOTICES

ABITIBI CONSOLIDATED

PLANS DEPOSITED

Abitibi Consolidated — Mackenzie Division hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, Abitibi Consolidated — Mackenzie Division has deposited with the Minister of Fisheries and Oceans, at Vancouver, British Columbia, and in the office of the District Registrar of the Land Registry District of Prince George, at Prince George, British Columbia, under deposit number 1000108, a description of the site and plans of the Unnamed Creek Bridge, located at kilometre 21 on West Main Road.

Written objections based on the effect of the work on marine navigation should be directed, not later than one month from the date of publication of this notice, to the Superintendent, Navigable Waters Protection Program, Canadian Coast Guard, Department of Fisheries and Oceans, 350-555 West Hastings Street, Vancouver, British Columbia V6B 5G3.

Prince George, May 7, 2003

ALLNORTH CONSULTANTS LIMITED
DON WILLIAMS
Professional Engineer

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BABCOCK & BROWN RAIL FUNDING LLC

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on May 6, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Amendment No. 1 to Assignment and Assumption Agreement dated as of May 6, 2003, between Babcock & Brown Rail Funding LLC and Greenbrier Leasing Corporation; and

2. Amendment No. 1 to Memorandum of Mortgage and Security Agreement Supplement No. 1 dated as of May 6, 2003, between Babcock & Brown Rail Funding LLC and Bayerische Hypo-Und Vereinsbank AG.

May 9, 2003

MCCARTHY TÉTRAULT LLP
Solicitors

[20-1-o]

BOHLI/STALEY TRUST 2003A LLT

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on April 25, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Memorandum of Lease Supplement No. 2 dated as of April 25, 2003, between U.S. Bank Trust National Association and A.E. Staley Manufacturing Company; and

2. Memorandum of Indenture Supplement No. 2 dated as of April 25, 2003, between U.S. Bank Trust National Association and Wells Fargo Bank Northwest, National Association.

May 6, 2003

MCCARTHY TÉTRAULT LLP
Solicitors

[20-1-o]

THE CANADIAN TRANSIT COMPANY

ANNUAL MEETING

Notice is hereby given that the annual meeting of shareholders of The Canadian Transit Company will be held at the offices of the Detroit International Bridge Company, 12225 Stephens Road, Warren, Michigan, on Tuesday, June 3, 2003, at 2 p.m., for the purpose of electing directors of the Company and for the transaction of any other business authorized or required to be transacted by the shareholders.

Windsor, April 24, 2003

DAN STAMPER
President

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CARDIGAN COMMUNITIES DEVELOPMENT ASSOCIATION INC.

PLANS DEPOSITED

Cardigan Communities Development Association Inc. hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, Cardigan Communities Development Association Inc. has deposited with the Minister of Fisheries and Oceans, and in the office of the District Registrar of the Land Registry District of Kings County, at Charlottetown, Prince Edward Island, under deposit number 13027, a description of the site and plans of the wharf repair, dredging and marina expansion in the Cardigan River, at Cardigan, in front of lot number 525071.

Written objections based on the effect of the work on marine navigation should be directed, not later than one month from the date of publication of this notice, to the Regional Superintendent, Navigable Waters Protection Program, Canadian Coast Guard, Department of Fisheries and Oceans, Foot of Parker Street, P.O. Box 1000, Dartmouth, Nova Scotia B2Y 3Z8.

Charlottetown, May 13, 2003

CARDIGAN COMMUNITIES DEVELOPMENT ASSOCIATION INC.

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DEPARTMENT OF WORKS, SERVICES AND TRANSPORTATION OF THE GOVERNMENT OF NEWFOUNDLAND AND LABRADOR

PLANS DEPOSITED

The Department of Works, Services and Transportation of the Government of Newfoundland and Labrador hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, the Department of Works, Services and Transportation of the Government of Newfoundland and Labrador has deposited with the Minister of Fisheries and Oceans, and in the office of the Registrar of Deeds and Companies of Newfoundland, at St. John's, Newfoundland and Labrador, a description of the site and plans for the construction of a new steel panel bridge and temporary steel bridge (temporary bypass) to replace the existing concrete bowstring arch bridge in the community of Frenchman's Cove on Route 213, in the electoral district of Grand Bank, in the Province of Newfoundland and Labrador.

The aforementioned plans shall also be made available for public viewing at the Frenchman's Cove Town Council Office in Fortune Bay, Newfoundland and Labrador.

Written objections based on the effect of the work on marine navigation should be directed, not later than one month from the date of publication of this notice, to the Regional Director, Canadian Coast Guard, Department of Fisheries and Oceans, P.O. Box 5667, St. John's, Newfoundland and Labrador A1C 5X1.

St. John's, May 6, 2003

DON OSMOND, P.Eng.
Deputy Minister

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HALIFAX REGIONAL MUNICIPALITY

PLANS DEPOSITED

Halifax Regional Municipality hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, Halifax Regional Municipality has deposited with the Minister of Fisheries and Oceans, and in the office of the District Registrar of the Land Registry District of Halifax Regional Municipality, at Halifax, Nova Scotia, under deposit number 17461, a description of the site and plans of the proposed: Young Street outfall in Halifax Harbour at Halifax, Nova Scotia, in front of PID 00061960; North Street outfall in Halifax Harbour at Halifax, Nova Scotia, in front of PID 00174615; and Chain Rock outfall in Halifax Harbour at Halifax, Nova Scotia, in front of PID 00001248.

Written objections based on the effect of the work on marine navigation should be directed, not later than one month from the date of publication of this notice, to the Regional Superintendent, Navigable Waters Protection Program, Canadian Coast Guard, Department of Fisheries and Oceans, Foot of Parker Street, P.O. Box 1000, Dartmouth, Nova Scotia B2Y 3Z8.

Halifax, May 17, 2003

HALIFAX REGIONAL MUNICIPALITY

[20-1-o]

THE HUNTINGTON NATIONAL BANK

DOCUMENT DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on April 16, 2003, the following document was deposited in the Office of the Registrar General of Canada:

Summary of Security Agreement dated as of March 11, 2003, (the "Summary"), by and between FCM Rail, Ltd. (the "Borrower"), in favour of the lenders (collectively, the "Lenders"), and The Huntington National Bank, as syndication agent for the Lenders, for the benefit of itself and the Lenders now or hereafter parties to the Credit Agreement (as defined in the Credit Agreement).

DICKINSON WRIGHT, PLLC

[20-1-o]

ING INSURANCE COMPANY OF CANADA

REDUCTION OF STATED CAPITAL

Notice is hereby given, in accordance with subsection 79(5) of the Insurance Companies Act (Canada), that ING Insurance Company of Canada ("ING Insurance") intends to apply to the Superintendent of Financial Institutions of Canada for approval to reduce the stated capital of ING Insurance in accordance with the following special resolution which was adopted on May 15, 2003, by each class of shareholders of ING Insurance:

Whereas the aggregate stated that capital of the Class B-I Preference Shares in the capital of ING Insurance Company of Canada ("ING Insurance") is $103,958,000;

And whereas it is the intention of the shareholders of ING Insurance to reduce the stated capital of the Class B-I Preference Shares;

And whereas the shareholders of ING Insurance acknowledge that the following resolution has no effect until it is approved by the Superintendent of Fiancial Institutions (Canada).

Now therefore be it resolved that:

ING Insurance hereby declares its stated capital for the Class B-I Preference Shares to be reduced by the sum of $103,957,999 to an aggregate amount of $1;

The stated capital account maintained for the Class B-I Preference Shares is specified as the stated capital account from which the reduction of the stated capital will be made;

There are no reasonable grounds for believing that ING Insurance is, or the reduction of stated capital would cause ING Insurance to be, in contravention of any regulation or guideline referred to in any of subsections 515(1) and (2) and 516(1) and (2) of the Insurance Companies Act (Canada) (the "Act") or of any direction made pursuant to subsections 515(3) and 516(4) of the Act; and

Any director or officer of ING Insurance is hereby authorized and directed to do all things necessary or advisable to give effect to this special resolution.

This resolution is hereby consented to by the holder of the [Common / Participating Class A / Participating Class B / Class A Preference / Class B-I Preference / Class B-II Preference / Class B-III Preference] shares of ING Insurance Company of Canada, pursuant to the provisions of the Act, as of the 15th day of May 2003.

Toronto, May 17, 2003

FRANÇOISE GUÉNETTE
Corporate Secretary

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ING WESTERN UNION INSURANCE COMPANY

ING INSURANCE COMPANY OF CANADA

LETTERS PATENT OF AMALGAMATION

Notice is hereby given that ING Western Union Insurance Company and ING Insurance Company of Canada, insurers incorporated under the laws of Canada, intend to apply to the Minister of Finance, pursuant to subsection 245(2) and subsection 250(1) of the Insurance Companies Act, for the issuance of letters patent of amalgamation under the name of ING Insurance Company of Canada, and in French, Compagnie d'assurance ING du Canada.

Toronto, May 15, 2003

FRANÇOISE GUÉNETTE
Corporate Secretary

[20-4-o]

KAREL BUZEK CZECH CULTURAL ORGANIZATION

SURRENDER OF CHARTER

Notice is hereby given that Karel Buzek Czech Cultural Organization intends to apply to the Minister of Industry for leave to surrender its charter, pursuant to the Canada Corporations Act.

February 18, 2003

JOSEF R. C. CERMAK
President

[20-1-o]

MANUFACTURERS AND TRADERS TRUST COMPANY

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on May 5, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Bill of Sale, dated as of May 1, 2003, between Manufacturers and Traders Trust Company, as Seller, and Canadian National Railway Company, as Purchaser; and

2. Memorandum of Partial Termination and Restatement of Cars under Lease, dated as of May 1, 2003, between Manufacturers and Traders Trust Company, as Lessor, and Canadian National Railway Company, as Lessee.

May 6, 2003

MILES & STOCKBRIDGE
Solicitors

[20-1-o]

OXY VINYLS, LP

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on April 25, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Termination of Railcar Lease effective as of April 25, 2003, between 1994 VCM Inc. and OXY Vinyls, LP; and

2. Termination of Security Agreement effective as of April 25, 2003, between 1994 VCM Inc. and State Street Bank and Trust Company of Connecticut, National Association.

May 6, 2003

MCCARTHY TÉTRAULT LLP
Solicitors

[20-1-o]

TRINITY INDUSTRIES LEASING COMPANY

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on April 28, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Memorandum of [A] Trust Indenture Supplement No. 4 dated as of April 18, 2003, between Trinity Industries Leasing Company and Trinity Industries, Inc.;

2. Memorandum of Leases dated as of April 18, 2003, by Trinity Industries Leasing Company; and

3. Partial Release of Trust Indenture dated as of April 18, 2003, between Trinity Industries Leasing Company and Trinity Industries, Inc.

May 6, 2003

MCCARTHY TÉTRAULT LLP
Solicitors

[20-1-o]

TRINITY INDUSTRIES LEASING COMPANY

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on April 28, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Memorandum of [B] Trust Indenture Supplement No. 4 dated as of April 18, 2003, between Trinity Industries Leasing Company and Trinity Industries, Inc.;

2. Memorandum of Leases dated as of April 18, 2003, by Trinity Industries Leasing Company; and

3. Partial Release of Trust Indenture dated as of April 18, 2003, between Trinity Industries Leasing Company and Trinity Industries, Inc.

May 6, 2003

MCCARTHY TÉTRAULT LLP
Solicitors

[20-1-o]

TRINITY INDUSTRIES LEASING COMPANY

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on April 28, 2003, the following documents were deposited in the Office of the Registrar General of Canada:

1. Memorandum of [C] Trust Indenture Supplement No. 5 dated as of April 18, 2003, between Trinity Industries Leasing Company and Trinity Industries, Inc.;

2. Memorandum of Leases dated as of April 18, 2003, by Trinity Industries Leasing Company; and

3. Partial Release of Trust Indenture dated as of April 18, 2003, between Trinity Industries Leasing Company and Trinity Industries, Inc.

May 6, 2003

MCCARTHY TÉTRAULT LLP
Solicitors

[20-1-o]

THE TUNG WAH CHARITABLE ORGANIZATION OF CANADA

SURRENDER OF CHARTER

Notice is hereby given that The Tung Wah Charitable Organization of Canada intends to apply to the Minister of Industry for leave to surrender its charter, pursuant to the Canada Corporations Act.

May 8, 2003

WILSON CHEUNG
Chairman

[20-1-o]

XL WINTERTHUR INTERNATIONAL INSURANCE COMPANY LIMITED

THE CITADEL GENERAL ASSURANCE COMPANY

TRANSFER AND ASSUMPTION AGREEMENT

Notice is hereby given, pursuant to paragraphs 587.1(2)(c) and 254(2)(a) of the Insurance Companies Act, that XL Winterthur International Insurance Company Limited ("XL Winterthur") and The Citadel General Assurance Company ("Citadel") intend to make an application to the Minister of Finance on or after May 20, 2003, for the Minister's approval for Citadel to transfer to XL Winterthur certain of the policy liabilities of Citadel relating to the Winterthur International business, and for XL Winterthur to purchase such policies and assume all of Citadel's obligations thereunder. The completion of this transaction is subject to receipt of all required regulatory approvals.

A copy of the proposed sale agreement relating to this transaction will be available for inspection by the policyholders of XL Winterthur and Citadel during regular business hours at the head office of XL Winterthur, and at the head office of Citadel, at 1075 Bay Street, Toronto, Ontario, for a period of 30 days following publication of this notice.

Toronto, April 17, 2003

XL WINTERTHUR INTERNATIONAL INSURANCE COMPANY LIMITED
CASSELS BROCK & BLACKWELL LLP
Solicitors

THE CITADEL GENERAL ASSURANCE COMPANY
STIKEMAN ELLIOTT
Solicitors

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