ARCHIVED — Vol. 147, No. 1 — January 5, 2013

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

SPECIES AT RISK ACT

Description of critical habitat of the Piping Plover (melodus subspecies) in Cape Jourimain National Wildlife Area, Portage Island National Wildlife Area, Kouchibouguac National Park of Canada, Kejimkujik National Park of Canada, Gros Morne National Park of Canada and Prince Edward Island National Park of Canada

The Piping Plover (Charadrius melodus melodus) is a migratory bird protected under the Migratory Birds Convention Act, 1994 and listed under Schedule 1 of the Species at Risk Act as endangered. Within Canada, the Piping Plover (melodus subspecies) breeds in Newfoundland and Labrador (N.L.), Quebec (Que.), Nova Scotia (N.S.), Prince Edward Island (P.E.I.), and New Brunswick (N.B.). The Piping Plover (melodus subspecies) is a small, stocky shorebird with a total body length of 17–18 cm that is identifiable by its white belly, black band above its white forehead; black band across its breast, light grey to pale brown plumage on its back that resembles the color of dry sand, and a short bill that is orange with a black tip. Piping Plover (melodus subspecies) nest in early successional habitat characterized by a lack of dense vegetation on wide sand, gravel, or cobble beaches; barrier island sandspits; or peninsulas in marine coastal areas. The species typically arrives in eastern Canada beginning as early as the end of March, where they remain until fall migration in early September.

The Recovery Strategy for the Piping Plover (Charadrius melodus melodus) in Canada (www.sararegistry.gc.ca/document/default_e.cfm?documentID=923) identifies critical habitat for the species in a number of areas, including a number of federal protected areas.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, critical habitat of the Piping Plover (melodus subspecies) in Cape Jourimain National Wildlife Area, N.B.; Portage Island National Wildlife Area, N.B.; Kouchibouguac National Park of Canada, N.B.; Kejimkujik National Park of Canada, N.S.; Gros Morne National Park of Canada, N.L. and Prince Edward Island National Park of Canada, P.E.I. is described as follows:

Any site with suitable habitat that has been occupied by at least one nesting pair of Piping Plovers (melodus subspecies) in at least one year since 1991 and that is listed in Appendix C of The Recovery Strategy for the Piping Plover (Charadrius melodus melodus) in Canada.

Suitable habitat is early successional habitat characterized by a lack of dense vegetation on wide sand, gravel, or cobble beaches; barrier island sandspits; or peninsulas in marine coastal areas. Within these areas, suitable habitat is the area of the coastal zone extending from the low water mark and intertidal zone, up to the crest or peak of the vegetated dune (typically identified by the presence of marram/beach grass or other dune vegetation), and roughly approximated by the following habitat attributes: gently sloping foredunes; beach widths that afford protection from flooding at normal high tides; substrates of sand, gravel or cobble, or some combination of these; and foredunes that are either sparsely vegetated or relatively free of vegetation.

On barrier beaches or islands, critical habitat is comprised of the entire intertidal zone from the low water mark, sand flats, upper beach, dune, and associated habitats. On mainland beaches, critical habitat includes the entire area of suitable habitat including the intertidal zone from the low water mark, sand or mud flats and upper beach that normally include dune vegetation up to the crest or peak of the vegetated dune. Breaches that cross from the ocean to bays, low back shores, landward extensions of washovers, washover fans, sand fans, runs from ponds, and pond outlets are considered extensions of the beach habitat and therefore are critical habitat. When a distinct dune crest does not exist (i.e. where a dune is not present), the landward boundary of critical habitat extends to the line of permanent non-beach vegetation (e.g. marsh or bog vegetation, shrubs, trees, farmland) or another permanent physical structure (e.g. road, bridge, culvert, river).

Cape Jourimain National Wildlife Area, N.B.

Those beaches located within the Cape Jourimain National Wildlife Area, west of Highway 16, meet the description of critical habitat. The Cape Jourimain National Wildlife Area is described in Schedule 1 of the Wildlife Area Regulations made pursuant to the Canada Wildlife Act and repeated herein as all those parcels of land in the County of Westmorland, in the Parish of Botsford, described as follows:

All those parcels dealt with on Plan 66182 in the Canada Lands Surveys Records at Ottawa and containing together about 554 hectares; Parcel 96-1 as shown on Survey Plan of Lands of Her Majesty in Right of Canada located on the north side of Highway 955, surveyed by Kenneth F. MacDonald, N.B.L.S., said plan filed with the Department of Public Works and Government Services as S-3838, a copy of which is recorded in the Canada Lands Surveys Records as FB 34121 and containing about 11.814 hectares; Lot 96-1 as shown on Survey Plan of Strait Crossing Development Inc. located on the north side of Highway 955 and on the east side of Trenholm Road No. 1, surveyed by Kenneth F. MacDonald, N.B.L.S., a copy of which is recorded in the Canada Lands Surveys Records as FB 34121 and containing about 64 hectares.

SAVING AND EXCEPTING:

Those parcels of land being more particularly described under Firstly, Secondly and Thirdly as follows:

Firstly:

All azimuths, distances and coordinates are referenced to the New Brunswick Stereographic Double Projection. All that parcel commencing at a point, said point being a survey marker situated on the easterly limit and the northerly limit of Parcel 92-2 as shown on Department of Supply and Services and of Public Works Plan S-2971, dated October 19, 1992, amended July 30, 1993, signed by D. E. Black, N.B.L.S., said point being shown on said plan as No. 9040 and said point having coordinates of East 505 184.913 metres and North 762 940.682 metres;

Thence following said easterly limit of Parcel 92-2, an azimuth of 289°32′37″, a distance of 127.091 metres to survey marker No. 9022;

Thence following a southerly limit of Parcel 92-2 as shown on said plan, an azimuth of 19°04′24″, a distance of 277.132 metres to survey marker No. 9044 at the beginning of a curve to the right having a radius of 1,722.807 metres;

Thence following said curve to the right having a radius of 1,722.807 metres for an arc distance of 77.993 metres to a point;

Thence on an azimuth of 179°41′12″, a distance of 377.546 metres to the point of commencement; Said parcel containing about 2.28 hectares.

Secondly:

Parcels 98-1, 98-3 and 98-4 as shown on Plan of Survey of Parcels 98-1, 98-3 and 98-4 being Lands of Her Majesty in Right of Canada, surveyed by Kenneth F. MacDonald, N.B.L.S., said plan filed with the Department of Public Works and Government Services as S-4047, a copy of which is recorded in the Canada Lands Surveys Records as Plan 81719 and containing together about 4.901 hectares;

Thirdly:

Parcels 98-2 and 98-5 as shown on Plan of Survey of Parcels 98-1, 98-2, 98-3, 96-2-A, and 98-5 and associated easements Parcels 98-1-E, 96-2-E, and 92-3-E, being Lands of Her Majesty in Right of Canada, surveyed by Kenneth F. MacDonald, N.B.L.S., said plan filed with the Department of Public Works and Government Services as S-4094, a copy of which is recorded in the Canada Lands Surveys Records as FB 34121 and containing together about 1.625 hectares. The remainder containing about 621 hectares.

Portage Island National Wildlife Area, N.B.

All beaches located within the Portage Island National Wildlife Area meet the description of critical habitat. The Portage Island National Wildlife Area is described in Schedule 1 of the Wildlife Area Regulations made pursuant to the Canada Wildlife Act and repeated herein as the whole of the parcel of land, in the County of Northumberland, in the Parish of Alnwick, known as Portage Island or Wattham Island; said parcel containing about 451 hectares (1 114 acres).

Kouchibouguac National Park of Canada, Kejimkujik National Park of Canada, Gros Morne National Park of Canada and Prince Edward Island National Park of Canada

The area within which critical habitat is found in national parks is described below. Please refer to biophysical attributes described above to help locate critical habitat within the following areas.

Province

Beach

Longitude (W)

Latitude (N)

Description based on National Topographic Series (NTS)

Kouchibouguac National Park of Canada

N.B.

North Kouchibouguac Dune

64.912

46.864

Beach associated with North Kouchibouguac Dune, bounded to the north by the northern extent of Pré à Germain and to the south by the channel Little Gully, as identified on the NTS map 21 I/15 (Edition 3, published in 1993)

N.B.

Pointe Sapin Dune

64.873

46.933

Beach bounded to the north by northern extent of the park boundary, and to the south by the outflow of the Rivière au Portage into the Gulf of St. Lawrence, as identified in NTS map 21 I/15 (Edition 3, published in 1993)

N.B.

Portage River Dune

64.898

46.898

Beach bounded to the north by the outflow of the Rivière au Portage into the Gulf of St. Lawrence, and to the south by North Kouchibouguac Dune, as identified on the NTS map 21 I/15 (Edition 3, published in 1993)

N.B.

South Kouchibouguac Dune

64.893

46.808

Beach associated with South Kouchibouguac Dune, bounded to the north by the channel Little Gully and to the south by the channel Goulet de Saint-Louis, as identified on the NTS map 21 I/15 (Edition 3, published in 1993)

N.B.

Tern Islands

64.874

46.778

Beach associated with the cluster of islands bounded to the north by the channel Goulet de Saint-Louis and to the south by the channel Goulet de Terre Noire, as identified on the NTS map 21 I/15 (Edition 3, published in 1993)

Kejimkujik National Park of Canada — Seaside

N.S.

Little Port Joli Bay

64.810

43.861

Beach separating Little Port Joli Basin from the bay of Little Port Joli, bounded to the west by Deadmans Rock and to the east by the eastern-most tip of the beach, as identified on the NTS map 20 P/15 (Edition 3, published in 2000)

N.S.

St. Catherines River

64.829

43.842

Beaches associated with St. Catherines River Beach, bounded to the southwest by the western-most point of where the trail head first meets beach, and to the northeast by the eastern-most tip of the beach, as identified on the NTS map 20 P/15 (Edition 3, published in 2000)

Gros Morne National Park of Canada

N.L.

Shallow Bay Beach

57.755

49.948

Beach adjacent to Shallow Bay, bounded to the north by Lower Head and to the south by the park boundary in Cow Head Harbour, as identified on the NTS map 12 H/13 (Edition 3, published in 1990)

Prince Edward Island National Park of Canada

P.E.I.

Blooming Point

63.007

46.415

Beach and barrier islands located on the westward peninsula north of Blooming Point and adjacent to Tracadie Bay, and as identified as Prince Edward Island National Park of Canada, as identified on the NTS map 11 L/07 (Edition 4, published in 1990) and extending onto NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Cavendish Sandspit

63.446

46.506

Beach and barrier islands associated with the westward sandspit located immediately west of Cavendish Beach, and that bounds the northern extent of New London Bay, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Clarkes Pond

63.40

46.50

Beach located between the northern extent of Clarkes Pond to Lake of Shining Waters and the Gulf of St. Lawrence, bounded to the west by the western extent of Clarkes Pond and to the east by the eastern extent of Lake of Shining Waters, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Covehead

63.166

46.430

Beach associated with the eastern portion of Brackley Beach, bounded to the west by northern extension of McMillan Point and to the east by the causeway that crosses the Covehead Bay outflow, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Robinsons Island Sandspit

63.271

46.446

Beach located on Robinsons Island, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Rustico Island Causeway

63.227

46.434

Beach adjacent to the causeway that links Robinsons Island with Brackley Beach, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Ross Lane

63.127

46.427

Beach associated with eastern portion of Stanhope Beach, bounded to the west by intersection of the seashore and northern extension of unnamed road passing through Stanhope by the Sea and to the east by Long Pond confluence with the Gulf of St. Lawrence, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Shaws Beach

63.192

46.430

Beach associated with Brackley Beach, bounded to the west by Highway 15 and to the east by the northern extension of McMillan Point, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Stanhope

63.096

46.420

Stanhope Beach, bounded to the west by intersection of the seashore and the northern extension of Highway 25 at Stanhope Bayshore and to the east by intersection of the seashore and the northern extension of unnamed road passing through Stanhope by the Sea as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

P.E.I.

Stanhope Cape

63.141

46.431

Beach associated with Cape Stanhope, bounded to the west by the causeway that crosses the Covehead Bay outflow and to the east by northern extension of Highway 25 at Stanhope Bayshore, as identified on the NTS map 11 L/06 (Edition 6, published in 2001)

Note: the coordinates provided in this table are intended to orient the reader to the general location of a given beach. They are not intended to mark the exact centre of the beaches, which are part of dynamic coastal systems and change from time to time. Critical habitat exists at these beaches where the biophysical attributes for identification of critical habitat have been met.

November 5, 2012

ROBERT MCLEAN
Executive Director
Canadian Wildlife Service
Environment Canada

JEFF ANDERSON
Superintendent
Western Newfoundland and Labrador Field Unit
Parks Canada Agency

LINDA FRANK
Superintendent
Mainland Nova Scotia Field Unit
Parks Canada Agency

ROBERT MOREAU
Superintendent
Northern New Brunswick Field Unit
Parks Canada Agency

JEWEL CUNNINGHAM
Superintendent
Prince Edward Island Field Unit
Parks Canada Agency

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(Erratum)

DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to interested parties — Proposed improvements to the Marihuana Medical Access Program (MMAP) — Research and development activities

Notice is hereby given that the notice bearing the above-mentioned title published in the Canada Gazette, Part Ⅰ, Vol. 146, No. 50, Saturday, December 15, 2012, on page 3382, contained an error. The title of the proposed Regulations in the French version was incorrect.

The French version of the notice should have read as follows:

Le 15 décembre 2012, Santé Canada publie le Règlement sur la marihuana à des fins médicales (RMFM) proposé dans la Partie Ⅰ de la Gazette du Canada. Le projet de règlement se trouve au www.gazette.gc.ca/rp-pr/p1/2012/2012-12-15/html/reg4-fra.html.

The initialism RAMFM in the remainder of the French notice should have read as RMFM.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Ahmed, Kamal

2012-1673

Harbor of Quebec

 

Port Warden

 

Auditor General of Canada

2012-1655

Auditor

 

First Nations Statistical Institute

 

Bogoroch, Richard

2012-1654

Patented Medicine Prices Review Board

 

Member

 

Buchanan, Marilyn

2012-1685

Canadian Museum of Nature

 

Trustee of the Board of Trustees

 

Buffalo and Fort Erie Public Bridge Authority

 

Members

 

Annunziata, Anthony Michael

2012-1671

Vacca, Rocco

2012-1670

Business Development Bank of Canada

 

Directors of the Board of Directors

 

Fawcett, Sue

2012-1694

Guindi, Shahir

2012-1693

Canada Pension Plan

 

Review Tribunal

 

Members

 

Claridge, Jayne Margaret

2012-1665

MacSween, James Ian

2012-1663

Reeves, Joanne Lynne

2012-1666

Sherwood, Kelley Joanne

2012-1664

Canadian Commercial Corporation

 

Directors

 

Helwer, Sherry

2012-1648

Rowe, Derrick

2012-1649

Canadian Forces Grievance Board

 

Chairperson

 

Hamel, Bruno

2012-1681

Full-time Vice-Chairperson

 

Price, James Chesley

2012-1682

Part-time Vice-Chairperson

 

Brazeau, Denis

2012-1683

Canadian Human Rights Tribunal

 

Part-time members

 

Luftig, Olga

2012-1690

Ulyatt, George

2012-1689

Canadian Industrial Relations Board

 

Chairperson

 

MacPherson, Elizabeth Ellen

2012-1695

Full-time member

 

Rivard, Normand

2012-1696

Canadian Polar Commission

 

Members of the Board of Directors

 

Huebert, Robert

2012-1657

Jean-Louis, Maxim Jacques

2012-1658

Nightingale, John

2012-1656

Castelli, Ray

2012-1758

Canadian Commercial Corporation

 

Chairperson of the Board of Directors

 

Citizenship Act

 

Citizenship judge — Full-time basis

 

Senécal-Tremblay, Marie

2012-1668

Citizenship judge — Part-time basis

 

Vachon, Normand

2012-1667

Dansereau, Claire

2012-1760

Privy Council Office

 

Senior Advisor

 

Di Salvo, Hélène

2012-1711

Superior Court for the district of Montréal, in the Province of Quebec

 

Puisne Judge

 

Durrell, James Allan

2012-1672

The Federal Bridge Corporation Limited

 

Director of the board of directors

 

Employment Insurance Act

 

Chairpersons of the Boards of Referees

 

Alberta

 

Lupul, Nita Florence — Edmonton

2012-1661

Wallocha, Katherine Corrine — Lethbridge

2012-1662

Federal Court of Appeal

 

Judges

 

Federal Court

 

Members ex officio

 

Roy, Yvan

2012-1706

Strickland, Cecily Y.

2012-1707

Gauthier, Jacques

2012-1691

National Energy Board

 

Temporary member

 

Government of Saskatchewan

2012-1729

Administrators

 

Caldwell, The Hon. Neal W.

 

January 22 to February 15, 2013

 

Herauf, The Hon. Maurice J.

 

February 16 to March 10, 2013

 

Great Lakes Pilotage Authority

 

Member

 

Geddes, Terry

2012-1676

Part-time Chairperson

 

Smith, J. Douglas

2012-1675

Johnston, Dale

2012-1698

Farm Credit Canada

 

Chairperson of the Board of Directors

 

Jolicoeur, Renée

2012-1762

Associate Deputy Minister of Public Works and Government Services

 

Keenan, Michael

2012-1764

Associate Deputy Minister of Natural Resources

 

Kennedy, Claire

2012-1759

Bank of Canada

 

Director of the Board of Directors

 

King, Matthew

2012-1763

Deputy Minister of Fisheries and Oceans

 

Lauwers, The Hon. Peter D.

2012-1708

Court of Appeal for Ontario

 

Justice of Appeal

 

Superior Court of Justice in and for the Province of Ontario

 

Judge ex officio

 

Lunn, The Hon. Gary

2012-1692

Canada Foundation for Sustainable Development Technology

 

Director — part-time basis

 

McCaw, Maureen

2012-1684

Canadian Broadcasting Corporation

 

Director of the Board of Directors

 

McPhail, Ian D.C., Q.C.

 

Royal Canadian Mounted Police Public Complaints Commission

 

Part-time Vice-Chairman

 

Moffat, Garfield Ian

2012-1674

Marine Atlantic Inc.

 

Director

 

Parole Board of Canada

 

Vice-Chairperson

 

Whitley, Stuart James, Q.C.

2012-1700

Full-time members

 

Crooks Day, Natasha

2012-1701

Jolette, Denis

2012-1699

Part-time members

 

Cadieux, Pierre

2012-1702

Dodds, Murray Allan

2012-1704

Fowler, Ian S.

2012-1703

Public Service Staffing Tribunal

 

Full-time permanent members

 

Beattie, Merri E.

2012-1687

Daigle, Nathalie

2012-1686

Temporary member

 

Williams, Eugene F., Q.C.

2012-1688

Sairanen, Sari Hannele

2012-1697

Canadian Centre for Occupational Health and Safety

 

Governor of the Council

 

Smith, The Hon. Heather J.

2012-1642

Government of Ontario

 

Administrator

 

December 10, 2012, to January 4, 2013

 

Sokolyk, Diane Elizabeth

2012-1669

Immigration and Refugee Board

 

Full-time member

 

Specific Claims Tribunal

 

Part-time members

 

Smith, The Hon. G. Patrick

2012-1660

Whalen, The Hon. W. Lawrence

2012-1659

Superior Court of Justice in and for the Province of Ontario

 

Judges

 

Court of Appeal for Ontario

 

Judges ex officio

 

Edwards, David L.

2012-1709

Varpio, Michael N.

2012-1710

Thompson, Douglas W.

2012-1712

Supreme Court of British Columbia

 

Judge

 

Transportation Appeal Tribunal of Canada

 

Part-time members

 

Macdonald, James Edwin

2012-1678

Racine, Suzanne

2012-1677

Treusch, Andrew

2012-1761

Commissioner of Revenue

 

Via Rail Canada Inc.

 

Directors of the Board of Directors

 

Mallory, Stephen

2012-1680

Sergieh, Hind

2012-1679

December 24, 2012

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Prince Rupert Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Prince Rupert Port Authority (“Authority”) under the authority of the Canada Marine Act (“Act”), effective May 1, 1999;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent for the purpose of increasing the borrowing limit set out in section 9.2 of the letters patent from $22,000,000 to $75,000,000;

WHEREAS, by Order in Council P.C. 2012-1640 of December 6, 2012, the Governor in Council, pursuant to subsection 8(5) of the Act, approved the provisions of the proposed supplementary letters patent increasing the aggregate limit on the power of the Authority to borrow money on its credit for port purposes;

AND WHEREAS the Minister is satisfied that the amendment to the letters patent of the Authority is consistent with the Act;

NOW THEREFORE under the authority of section 9 of the Act, the letters patent are amended as follows:

1. Section 9.2 of the letters patent issued to the Authority is replaced by the following:

9.2 Restriction on Incurrence of Borrowing. The Authority shall not incur any item of Borrowing so that the aggregate Borrowing of the Authority would exceed $75,000,000.

Issued under my hand to be effective this 13th day of December, 2012.

____________________________
Denis Lebel, P.C., M.P.
Minister of Transport

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Saguenay Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Saguenay Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective May 1, 1999;

WHEREAS the Authority has requested that the Minister issue supplementary letters patent for the purpose of increasing the borrowing limit set out in section 9.2 of the letters patent from $3,000,000 to $8,000,000 and adding an additional project-specific borrowing limit of $6,000,000;

WHEREAS the Minister is satisfied that the proposed amendment to the letters patent of the Authority is consistent with the Act;

WHEREAS by Order in Council P.C. 2012-1641 of December 6, 2012, the Governor in Council, pursuant to subsection 8(5) of the Act, approved the provisions of the proposed supplementary letters patent for the purposes of increasing the aggregate limit on the power of the Authority to borrow money on its credit for port purposes and adding an additional project-specific borrowing limit,

NOW THEREFORE under the authority of section 9 of the Act, the letters patent are amended as follows:

1. Section 9.2 of the letters patent issued to the Authority is replaced by the following:

9.2 Limit on Borrowing Power. The Authority shall not incur any item of Borrowing so that the aggregate Borrowing of the Authority would exceed $8 million.

9.2.1 Additional Borrowing Limit for Costs Related to the Construction of a rail link and intermodal rail yard. Notwithstanding section 9.2, the Authority may, in addition to the aggregate amount of $8 million referred to in section 9.2, borrow up to a maximum of $6 million on its credit to be used solely for costs related to the construction of a rail link and an intermodal rail yard, provided such Borrowing be fully reimbursable in capital, interest, and associated costs by the City of Saguenay through a 10-year agreement commencing twelve (12) months after financing arrangements for the project have been finalized by the Authority.

Issued under my hand to be effective this 13th day of December, 2012.

___________________________
Denis Lebel, P.C., M.P.
Minister of Transport

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