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Vol. 132, No. 51 — December 19, 1998

COMMISSIONS

CANADIAN FOOD INSPECTION AGENCY

CANADIAN FOOD INSPECTION AGENCY ACT

Notice Amending the Seeds Fees Notice

The Minister of Agriculture and Agri-Food, pursuant to subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act, hereby amends the fees that are payable for any service, right, privilege or use of a facility provided or granted under the Seeds Regulations, and set out in the Seeds Fees Notice, published in the Canada Gazette, Part I, December 6, 1997, Vol. 131, No. 49, p. 3729, in accordance with the schedule hereto.

Ottawa, December 7, 1998

LYLE VANCLIEF
Minister of Agriculture and Agri-Food

NOTICE AMENDING THE SEEDS FEES NOTICE

1. The Seeds Fees Notice (see footnote 1) is amended by adding the following definition in alphabetical order to section 2:

"approved conformity verification body" means an independent body approved by the President of the Agency as competent to administer specific tasks including assessing, recommending for acceptance and subsequent audit of establishments, operators, graders and laboratories that process, import, sample, test, grade or label seeds and which has entered into an agreement with the Agency pursuant to subsection 14(1) of the Canadian Food Inspection Agency Act to administer specific tasks; (organisme de vérification de la conformité agréé)

2. Section 3 of the Notice is replaced by the following:

3. (1) This notice does not apply to seed potatoes.

(2) Section 7, items 1, 3, 4, 5(a) and 5(b) and section 8 do not apply to establishments, operators, graders and laboratories on behalf of which an application is made, or that is recommended, by an approved conformity verification body.

EXPLANATORY NOTE

Currently all seed establishments, operators, graders and laboratories pay fees to the Canadian Food Inspection Agency (CFIA) to help defray the cost of administering the Seed Certification Program. In response to cost recovery negotiations, the Canadian Seed Trade Association (CSTA), the Canadian Seed Growers' Association (CSGA) and the Commercial Seed Analysts Association of Canada (CSAAC) created the Canadian Seed Institute (CSI). Its purpose is to establish an efficient, cost-effective program for verification that seed establishments, operators, graders and laboratories meet standards of performance established by the CFIA with the understanding that the CFIA will accept CSI recommendations for registration, licensing and accreditation.

As the CSI takes on the responsibility and costs of certain aspects of the administration of this program, CFIA involvement and costs are reduced and there is no longer a valid reason for continuing to collect the fees. In order to accomplish the transfer of these responsibilities to the CSI, it is necessary to exempt seed establishments, operators, graders and laboratories that are accredited by the CSI from paying CFIA fees for application, registration, licensing, accreditation and quality surveillance.

This amendment has no impact on the year 2000 computer issue.

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Fire Fighting, Security and Safety Equipment

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination on December 7, 1998, with respect to a complaint (File No. PR-98-023) filed by Marcomm Fibre Optics Inc. (the complainant), under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), as amended by the North American Free Trade Agreement Implementation Act, S.C., 1993, c. 44, concerning a procurement by the Department of Public Works and Government Services (the Department) for Correctional Service of Canada (CSC) [Solicitation No. 21120-8-4076/A]. The solicitation was for the design, supply, installation and testing of the Main Command and Control Post as part of a perimeter intrusion detection system upgrade project.

The complainant alleged that the Department and CSC had improperly found its proposal to be non-compliant.

Having examined the evidence presented by the parties and considered the provisions of the North American Free Trade Agreement, 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, December 10, 1998

SUSANNE GRIMES
Acting Secretary

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COMPETITION TRIBUNAL

COMPETITION ACT

Application for an Order

Notice is hereby given that on December 7, 1998, an application under section 92 of the Competition Act, R.S.C., 1985, c. C-34, was filed with the undersigned at the Competition Tribunal by the Director of Investigation and Research under the Competition Act in the matter relating to the acquisition of ICG Propane Inc. by Superior Propane Inc. The respondents in this matter are Superior Propane Inc., Petro-Canada Inc., The Chancellor Holdings Corporation, and ICG Propane Inc.

Particulars of the orders sought:

An order or orders against the respondents pursuant to section 92 of the Competition Act dissolving the acquisition of ICG Propane Inc. by Superior Propane Inc. (the "merger") or such other remedial orders as may appear just including the disposition of assets or shares under section 92 as the circumstances may appear. And in particular:

(i) pursuant to subparagraph 92(1)(e)(i) of the Act, an order directing the respondents to dissolve the merger in such manner as the Tribunal may direct;

(ii) pursuant to subparagraph 92(1)(e)(ii) of the Act, an order directing Superior Propane Inc. to dispose of all of the shares and assets of ICG Propane Inc. and the merged entity or as designated by the Tribunal and in a manner as the Tribunal may direct;

(iii) pursuant to subparagraph 92(1)(e)(iii) and section 105 of the Act, any other order that the Tribunal considers appropriate;

(iv) such further order as the Tribunal deems advisable under section 92 and in particular paragraph 92(1)(f) and section 99 of the Act; and

(v) such further or other interim orders as may be appropriate.

Notice is hereby given that any requests for leave to intervene in this matter must be filed with the Registrar on or before January 18, 1999.

The notice of application and accompanying documents may be examined at the Registry of the Tribunal or a copy may be obtained through a fax-on-demand service by dialling (819) 956-7139 from a facsimile machine and by requesting document no. 0501. The notice of application is also available on the Competition Tribunal Web site at http://www.ct-tc.gc.ca. Requests for information regarding this application or the procedures of the Tribunal should be addressed to the Deputy Registrar, Competition Tribunal, Royal Bank Centre, Suite 600, 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 957-3172.

December 7, 1998

MONIQUE SÉGUIN
Registrar

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Footnote 1

Canada Gazette Part I, December 6, 1997, Vol. 131, No. 49, p. 3729


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