Competition Tribunal Tribunal de la Concurrence Reference: Burns Lake Native Development Corporation et al. v. Commissioner of Competition and West Fraser Timber Co. Ltd. et al. 2005 Comp. Trib. 28 File No. CT2004-013 Registry Document No.: 0037
IN THE MATTER OF the Competition Act, R.S.C. 1985, c.C-34, as amended; AND IN THE MATTER OF the acquisition by West Fraser Timber Co. Ltd. of Weldwood of Canada Limited;
AND IN THE MATTER OF an application under Section 106(2) of the Competition Act by Burns Lake Native Development Corporation, Lake Babine Nation, Burns Lake Band, Nee Tahi Buhn Indian Band to rescind or vary the Consent Agreement between the Commissioner of Competition and West Fraser Timber Co. Ltd. and West Fraser Mills Ltd. filed and registered with the Competition Tribunal on December 7, 2004, under s. 105 of the Competition Act;
AND IN THE MATTER OF the Reference of the Commissioner of Competition filed April 4, 2005.
B E T W E E N: Burns Lake Native Development Corporation, Council of Lake Babine Nation and Emma Palmantier, on her own behalf and on behalf of all members of Lake Babine Nation, Council of Burns Lake Band and Robert Charlie, on his own behalf and on behalf of all Members of Burns Lake Band and Council of Nee Tahi Buhn Indian Band and Ray Morris, on his own behalf and on behalf of all Members of Nee Tahi Buhn Indian Band (applicants)
and The Commissioner of Competition, West Fraser Timber Co. Ltd. and West Fraser Mills Ltd. (respondents)
Decided on the basis of the written record. Member: Simpson J. (Chairperson) Date of Order: August 23, 2005 Order signed by: Simpson J.
SCHEDULING ORDER FOR THE HEARING OF THE COMMISSIONER’S REFERENCE
[1] FURTHER TO the Order and Reasons for Order on the Applicants’ Motion to strike the Commissioner’s Reference, dated June 1 st , 2005, which determined that questions one and two of the Commissioner’s Reference would remain in the Reference; and
[2] UPON taking notice of the letters from the Commissioner dated June 28 and July 25, 2005 and letters from West Fraser dated June 29 and July 26, 2005, requesting that a date be set as early as possible for the hearing of the Reference; and
[3] UPON taking due notice of the letter from the Applicants dated July 21, 2005. [4] THE TRIBUNAL ORDERS THAT: (i) The Commissioner’s Reference, questions one and two, will be heard beginning Monday, October 24, 2005, at 10 o’clock, at the premises of the Competition Tribunal in Ottawa. The hearing is scheduled for one week.
(ii) The Commissioner shall serve and file her revised Memorandum of Argument, if any, on or before Friday, September 9, 2005.
(iii) West Fraser shall serve and file its Memorandum of Argument, if any, on or before Friday, September 9, 2005.
(iv) Burn’s Lake Native Development Corporation shall serve and file its Memorandum of Argument in response, if any, on or before Friday, September 23, 2005.
(v) The Commissioner shall serve and file her reply, if any, and West Fraser shall serve and file its reply, if any, on or before Friday, September 30, 2005.
DATED at Ottawa, this 23 rd day of August 2005. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Sandra J. Simpson
COUNSEL: For the applicants: Burns Lake Native Development Corp. et al. Mr. Dany Assaf Mr. Michael Brown Mr. Orestes Pasparakis
For the respondents: Commissioner of Competition Ms. Melanie Aitken Mr. Duane Schippers Mr. Derek Bell
West Fraser Timber Co. Ltd. Mr. James Musgrove Mr. Larry Hughes