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Vol. 140, No. 51 — December 23, 2006

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2006-013

The Canadian International Trade Tribunal has decided, pursuant to rule 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeal listed hereunder by way of written submissions based on the written documentation currently before it. Interested persons seeking additional information should contact the Tribunal at 613-990-2541.

Excise Tax Act

Appellant v. Respondent (Minister of National Revenue)

February 2007

Date Appeal
Number
Appellant
21 AP-2006-021
Refund application on
aviation fuel
Chartright Air Inc.

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-990-2541 for further information and to ensure that the hearing will be held as scheduled.

Customs Act

Appellants v. Respondent (President of the Canada Border Services Agency)

February 2007

Date Appeal
Number
Appellant
28 AP-2006-022

N. C. Cameron & Sons Ltd.
  Goods in Issue: Figurines/Statuettes
  At issue: Advance ruling of May 12, 2006
  Tariff Items at Issue  
  Appellant: 9502.10.00
  Respondent: 3926.40.10

March 2007

Date Appeal
Number
Appellant
14 AP-2006-029

J. Walter Company Ltd./
J. Walter Compagnie Ltée
  Goods in Issue: Discs and drums
  Date of Entry: August 26, 2002, to April 30, 2003
  Tariff Items at Issue  
  Appellant: 6805.10.10 and 6805.30.10
  Respondent: 6805.10.90 and 6805.30.90

December 14, 2006

By order of the Tribunal

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER

Waterproof rubber footwear

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its order made on October 18, 2002, in Expiry Review No. RR-2001-005 (as amended by its order made on August 18, 2005, in Interim Review No. RD-2004-008), continuing, without amendment, its order made on October 20, 1997, in Review No. RR-97-001, continuing, with amendment, its order made on October 21, 1992, in Review No. RR-92-001, continuing, without amendment, the finding made by the Canadian Import Tribunal on October 22, 1987, in Review No. R-7-87, continuing, without amendment, the finding made by the Anti-dumping Tribunal on May 25, 1979, in Inquiry No. ADT-4-79, and the finding made by the Anti-dumping Tribunal on April 23, 1982, in Inquiry No. ADT-2-82, concerning waterproof rubber footwear originating in or exported from the People's Republic of China, is scheduled to expire (Expiry No. LE-2006-001) on October 17, 2007. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date. An expiry review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

Persons or governments requesting or opposing the initiation of an expiry review of the said order should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than January 5, 2007. Persons or governments should endeavour to base their submissions exclusively on public information; however, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or edited version thereof.

Submissions should address all relevant factors, including

  • the likelihood of continued or resumed dumping of the goods;
  • the likely volume and price ranges of dumped imports if dumping were to continue or resume;
  • the domestic industry's recent performance, including trends in production, sales, market share and profits;
  • the likelihood of injury to the domestic industry if the order were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped imports on the industry's future performance;
  • any other developments affecting, or likely to affect, the performance of the domestic industry;
  • changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and
  • any other matter that is relevant.

Where there are opposing views, each person or government that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government that filed a submission with the Tribunal. Persons or governments wishing to respond to the submissions must do so not later than January 16, 2007. If confidential submissions have been filed, the Secretary will notify persons or governments and instruct them on how they may access these submissions through qualified counsel.

The Tribunal will issue a decision on January 31, 2007, on whether an expiry review is warranted based on the submissions and representations received and the responses to them.

  • If there is no request for a review, the Tribunal will not initiate a review and the order will expire on its expiry date.
  • If the Tribunal decides that a review is not warranted, the order will expire on its expiry date. The Tribunal will issue its reasons not later than 15 days after its decision.
  • If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

The Tribunal's Draft Guideline on Expiry Reviews can be found on its Web site at www.citt-tcce.gc.ca. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the draft guideline explains how an expiry review is conducted if the Tribunal determines that one is warranted. In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation. The Tribunal's notice of expiry review will provide more information on the expiry review process.

Written submissions, correspondence and requests for information regarding this notice 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 (fax), secretary@citt-tcce.gc.ca (email).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service. The service utilizes the Government of Canada's epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.

However, parties must still file paper copies in the required number as instructed. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, December 12, 2006

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Marine

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2006-033) from Irving Shipbuilding Inc. (Irving), of Halifax, Nova Scotia, concerning a procurement (Solicitation No. F3017-05R243/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Fisheries and Oceans. The solicitation is for work in dry dock on Canadian Coast Guard Ship Des Groseillers. 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.

Irving alleges that PWGSC improperly entered into a sole source contract with the successful bidder.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, December 15, 2006

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Textiles and apparel

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2006-034) from Paradise Company (Paradise) of Toronto, Ontario, concerning a procurement (Solicitation No. W3380-07A017/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation is for the provision of women's and men's swimsuits. 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.

Paradise alleges that PWGSC issued an amendment to the men's swimsuit specification too near to the bid receipt date to allow it to enclose a required sample and, as such, prevented bidders from submitting bids on time. Paradise also alleges that this improperly favoured bidders with local manufacturers and discriminated against bidders with overseas subcontractors.

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, December 12, 2006

HÉLÈNE NADEAU
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:

— Central Building, Les Terrasses de la Chaudière, Room 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);

— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);

— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 983-8274 (TDD), 204-983-6317 (fax);

— 530–580 Hornby Street, Vancouver, British Columbia V6C 3B6, 604-666-2111 (telephone), 666-0778 (TDD), 604-666-8322 (fax);

— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);

— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);

— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);

— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).

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.

2006-668 December 11, 2006

Canadian Broadcasting Corporation
Across Canada

Complaints regarding the broadcast by the Canadian Broadcasting Corporation of Sex Traffic and Old School prior to the watershed hour

In the decision, the Commission addresses two separate complaints regarding the broadcast by the Canadian Broadcasting Corporation (CBC) of two programs containing scenes intended for adult audiences. The Commission finds that, by airing Sex Traffic and Old School at 8 p.m., the licensee did not meet the Canadian broadcasting policy objective set out in the Broadcasting Act that programming should be of high standard. The Commission further finds that the broadcast of Sex Traffic at 8 p.m. was a violation of the watershed provision of the Canadian Association of Broadcasters' Voluntary code regarding violence on television, to which the CBC must adhere by condition of licence.

2006-669 December 11, 2006

Cameron Bell Consultancy Ltd.
Chilliwack, British Columbia

Approved — Temporary amendment to conditions of licence 1 and 2, as noted in the decision, in order to allow the live broadcast of the 72 hockey games of the Chilliwack Bruins during the 2006-2007 hockey season, and to allow the broadcast of additional commercial messages during those games.

2006-670 December 12, 2006

My Broadcasting Corporation
Strathroy, Ontario

Approved — Technical change for the radio programming undertaking, as noted in the decision.

2006-671 December 13, 2006

K-Rock 1057 Inc.
Kingston, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CIKR-FM Kingston, from January 1, 2007, to August 31, 2013.

2006-672 December 13, 2006

Bell Aliant Regional Communications Inc., the general partner, as well as limited partner with Bell Canada and 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications Limited Partnership
Fredericton and surrounding areas, New Brunswick

Approved — Addition of a new cable broadcasting distribution undertaking to serve Fredericton and surrounding areas.

2006-673 December 13, 2006

Corus Entertainment Inc., on behalf of its subsidiary YTV Canada, Inc.
Across Canada

The Commission revokes the broadcasting licence issued to YTV Canada, Inc. for the national English-language Category 2 specialty programming undertaking known as Edge TV.

2006-674 December 13, 2006

591991 B.C. Ltd.
Sherbrooke, Quebec

The Commission revokes the broadcasting licence issued to 591991 B.C. Ltd. for the radio programming undertaking CKTS Sherbrooke.

2006-675 December 14, 2006

Coopérative de Radiodiffusion MF 103,5 de Lanaudière
Joliette, Quebec

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJLM-FM Joliette, from January 1, 2007, to August 31, 2013.

2006-676 December 14, 2006

Canadian Broadcasting Corporation
Iqaluit, Nunavut

Approved — Addition of an FM transmitter at Iqaluit to rebroadcast the programming of the Canadian Broadcasting Corporation's national English-language network service, Radio Two.

2006-677 December 14, 2006

1494679 Ontario Inc.
Across Canada

Approved — Addition to the list of program categories that may be broadcast by the national Category 2 specialty programming undertaking known as ERT sat Canada.

2006-678 December 15, 2006

Telephone City Broadcast Limited
Brantford, Ontario

Approved — Increase of the effective radiated power of the radio programming undertaking CKPC-FM Brantford.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2006-11-2

Further to its Broadcasting Notices of Public Hearing CRTC 2006-11 and CRTC 2006-11-1 dated October 19 and 26, 2006, relating to a public hearing which will be held on December 18, 2006, at 9 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec, the Commission announce that the following item is withdrawn from the public hearing and will be rescheduled at a later date.

Item 11

Montréal, Quebec
Application No. 2006-0214-5

Application by Radio Humsafar Inc. for a licence to operate an AM commercial ethnic radio programming undertaking in Montréal.

December 12, 2006

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2006-12-1

Further to its Broadcasting Notice of Public Hearing CRTC 2006-12 dated November 30, 2006, relating to a public hearing which will be held on January 29, 2007, at 9 a.m., at the Commission Headquarters, 1 Promenade du Portage, Gatineau, Quebec, the Commission announces that the following item is added to the January 29, 2007, public hearing. The deadline for submission of interventions and/or comments is January 4, 2007.

14. Novus Entertainment Inc.
Toronto, Ontario
Application No. 2006-0913-3

Application by Novus Entertainment Inc. for a broadcasting licence to operate a Class 1 cable distribution undertaking to serve Toronto.

December 12, 2006

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2006-13

The Commission will hold a public hearing commencing on February 12, 2007, at 9:30 a.m., at the Delta Bow Valley, 209 4th Avenue SE, Calgary, Alberta, to consider the following applications. The deadline for submission of interventions and/or comments is January 18, 2007.

1. Crossroads Television System
Calgary, Alberta

For a licence to operate an English-language religious television programming undertaking in Calgary.

2. Crossroads Television System
Edmonton, Alberta

For a licence to operate an English-language religious television programming undertaking in Edmonton.

3. The Miracle Channel Association
Calgary, Alberta

For a licence to operate an English-language transitional digital television programming undertaking in Calgary associated with its existing television station CJIL-TV Lethbridge, Alberta.

4. The Miracle Channel Association
Edmonton, Alberta

For a licence to operate an English-language transitional digital television programming undertaking in Edmonton associated with its existing television station CJIL-TV Lethbridge, Alberta.

5. Rogers Broadcasting Limited
Calgary, Alberta

For a licence to operate a multilingual ethnic television programming undertaking in Calgary.

6. Rogers Broadcasting Limited
Edmonton, Alberta

For a licence to operate a multilingual ethnic television programming undertaking in Edmonton.

7. MVBC Holdings Limited
Calgary, Alberta

For a licence to operate a multilingual ethnic television programming undertaking in Calgary.

8. MVBC Holdings Limited
Edmonton, Alberta

For a licence to operate a multilingual ethnic television programming undertaking in Edmonton.

9. CanWest MediaWorks Inc.
Calgary, Alberta

To amend the licence of the television programming undertaking CHCA-TV Red Deer, Alberta.

10. CanWest MediaWorks Inc.
Edmonton, Alberta

To amend the licence of the television programming undertaking CHCA-TV Red Deer, Alberta.

11. Only Imagine Inc.
Across Canada

For a licence to operate a relay distribution undertaking.

12. Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada

For a licence to operate a national ethnic Category 2 specialty television programming undertaking to be known as The FilipinoTV Channel (FTC).

13. CHUM Limited
Across Canada

Partner together with its wholly owned subsidiary 1640576 Ontario Inc. in a general partnership carrying on business as Pulse 24 Partnership (Pulse 24), for authority to transfer a minority partnership interest (20%) in Pulse 24, to Rogers Broadcasting Limited. Pulse 24 is the licensee of the English-language specialty television service known as CablePulse 24.

14. CHUM Limited
Across Canada

For authority to effect a corporate reorganization resulting in the transfer to CHUM's newly created wholly owned subsidiaries (Subcos) of the assets of certain broadcasting undertakings owned by CHUM and its wholly owned subsidiary Learning and Skills Television of Alberta.

15. Jim Pattison Broadcast Group Limited Partnership
Kelowna, British Columbia

To convert radio station CKOV Kelowna from the AM band to the FM band.

16. Rogers Broadcasting Limited
Chilliwack, British Columbia

To renew the licence of the English-language commercial radio programming undertaking CKCL-FM Chilliwack and its transmitters CKCL-FM-1 Abbotsford and CKCL-FM-2 Vancouver, expiring August 31, 2007.

December 14, 2006

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2006-157

Addition of Al Arabiya News Channel to the lists of eligible satellite services for distribution on a digital basis

The Commission approves a request to add Al Arabiya News Channel to the lists of eligible satellite services and amends the lists of eligible satellite services accordingly. The revised lists are available on the Commission's Web site at www.crtc.gc.ca under "Industries at a Glance."

December 14, 2006

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2006-158

Commercial Radio Policy 2006

In the public notice, the Commission sets out its revised policy for commercial radio. Areas addressed include airplay and financial support for Canadian music and French-language vocal music, cultural diversity, local management agreements and local sales agreements, local programming and infomercials. The Commission considers that the measures announced in this policy, particularly its new approach to Canadian content development, will allow the commercial radio sector to contribute more effectively to the achievement of the goals set out in the Broadcasting Act, while enabling it to operate effectively in an increasingly competitive environment for the delivery of audio programming.

This public notice is one of three issued following the Commission's review of its policy for commercial radio announced in Review of the commercial radio policy, Broadcasting Notice of Public Hearing CRTC 2006-1, January 31, 2006, and that was the subject of a public hearing in the National Capital Region that began on May 15, 2006. The other two public notices are Revised policy concerning the issuance of calls for radio applications and a new process for applications to serve small markets, Broadcasting Public Notice CRTC 2006-159, December 15, 2006, and Digital Radio Policy, Broadcasting Public Notice CRTC 2006-160, December 15, 2006.

December 15, 2006

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2006-159

Revised policy concerning the issuance of calls for radio applications and a new process for applications to serve small markets

The Commission's objectives in issuing calls for radio applications are to ensure that the best possible application is licensed and that applications are dealt with in an efficient manner. At the same time, in response to the challenging operating environment faced by broadcasters in smaller radio markets, including the relatively lower overall profitability of stations in these markets, the Commission is implementing certain changes to its call policy as set out in the notice. The objective is to introduce greater certainty into the call process.

This public notice is one of three issued following the Commission's review of its policy for commercial radio announced in Review of the commercial radio policy, Broadcasting Notice of Public Hearing CRTC 2006-1, January 31, 2006, and that was the subject of a public hearing in the National Capital Region that began on May 15, 2006. The other two notices are Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, December 15, 2006, and Digital Radio Policy, Broadcasting Public Notice CRTC 2006-160, December 15, 2006.

December 15, 2006

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2006-160

Digital radio policy

In this public notice, the Commission sets out its revised policy for digital radio broadcasting.

This public notice is one of three issued following the Commission's review of its policy for commercial radio announced in Review of the commercial radio policy, Broadcasting Notice of Public Hearing CRTC 2006-1, January 31, 2006, and that was the subject of a public hearing in the National Capital Region that began on May 15, 2006. The other two public notices are Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, December 15, 2006, and Revised policy concerning the issuance of calls for radio applications and a new process for applications to serve small markets, Broadcasting Public Notice CRTC 2006-159, December 15, 2006.

December 15, 2006

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PATENTED MEDICINE PRICES REVIEW BOARD

PATENT ACT

Hearing

In the matter of the Patent Act, R.S.C. 1985, c. P-4, as amended

And in the matter of Eli Lilly Canada Inc. (the "Respondent") and the medicine "Strattera"

Take notice that the Patented Medicine Prices Review Board (the "Board") will hold a hearing at its offices in the Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on April 11, 2007. A pre-hearing conference has also been scheduled for February 22, 2007.

The purpose of the hearing is to determine whether, under sections 83 and 85 of the Patent Act, the Respondent is selling or has sold the medicine known as "Strattera" in any market in Canada at prices that, in the Board's opinion, is or was excessive and if so, what order, if any, should be made.

Strattera is a patented medicine indicated for the treatment of Attention Deficit/Hyperactivity Disorder ("ADHD") in children 6 years of age and over, adolescents and adults.

Persons wishing to intervene in the proceeding are required to apply to the Board for leave to intervene on or before January 19, 2007. Such persons should contact the Secretary of the Board for further information on the procedure.

Applications for leave to intervene should be addressed to the Secretary of the Board: Sylvie Dupont, Standard Life Centre, Suite 1400, 333 Laurier Avenue W, Ottawa, Ontario K1P 1C1, 1-877-861-2350 (toll-free number), 613-954-8299 (direct line), 613-952-7626 (fax), sdupont@pmprb-cepmb.gc.ca (email).

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