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THE COMPETITION TRIBUNAL

IN THE MATTER OF an application by the Director of Investigation and Research under section 79 of the Competition Act, R.S.C. 1985, c.C-34, as amended;

AND IN THE MATTER OF certain practices by Laidlaw Waste Systems Ltd. in the communities of Cowichan Valley Regional District, Nanaimo Regional District and the District of Campbell River, British Columbia;;

AND IN THE MATTER OF the order made by the Competition Tribunal on February 11, 1992;

AND IN THE MATTER OF an application by Waste Management of Canada Corporation under section 106(1 )(a) of the Competition Act, R.S.C. 1985, c.C-34, as amended, to rescind on consent the order made by the Competition Tribunal on February 11, 1992.

COMPETITION TRIBUNAL TRIBUNAL DE LA CONCURRENCE aste Management of Canada Corporation FILED I PRODUIT (formerly Laidlaw Waste Systems Ltd.) September 7, 2006 Applicant CT-2006-009 Jos LaRose for I pour REGISTRAR I REGISTRAIRE - and -OTTAWA, ONT # 0003 The Commissioner of Competition ormerly the Director of Investigation and Research)

Respondent --------- -------------------------DRAFT ORDER RESCINDING THE ORDER MADE BY THE COMPETITION TRIBUNAL ON FEBRUARY 11, 1992

CT-2006-009

- 2 -

FURTHER TO the order made by the Competition Tribunal on February 11, 1992 (trie "1992 Order") pursuant to section 79 of the Competition Act, R.S.C. 1985, c.G-34, as amended (the "Act"); AND FURTHER TO the application by Waste Management of Ca1nada Corporation (the "Applicant") brought pursuant to section 106(1 )(a) of the Act for an order rescinding the 1992 Order; AND AFTER READING the Notice of Application, the Applicant's Statemnnt of Grounds and Material Facts, the Affidavit of James T. Duncan sworn August 21, 2006 and the Consent of the parties filed herein; AND CONSIDERING THAT the Applicant and the Commissioner of Competition have consented to the rescission of the Order; and AND ON HEARING the submissions of counsel. THE TRIBUNAL ORDERS THAT: 1 The 1992 Order be rescinded. DATED at Toronto, Ontario, this 23rd day of August, 2006.

THE COMPETITION TRIBUNAL CT-91/2

IN THE MATTER OF an application by the Director of Investigation and Research under section 79 of the Competition Act, R.S.C. 1985, c.C-:4, as amended;

AND IN THE MATTER OF certain practices by Laidlaw Waste Systems Ltd. in the communities of Cowichan Valley Regional District, Nanaimo Re·qional District and the District of Campbell River, British Columbia;

AND IN THE MATTER OF the order made by the Competition Tribunal on February 11, 1992:

AND IN THE MATTER OF an application by Waste Management of Canada Corporation under section 106(1 )(a) of the Competition Act, R.S.C. 198:., c.C-34, as amended, to vary on consent the order made by the Competition Tribunal on February 11, 1992:

BETWEEN: Waste Management of Canada Corporation (formerly Laidlaw Waste Systems Ltd.)

Applicant and The Commissioner of Competition (formerly the Director of Investigation and Research)

DRAFT ORDER RESCINDING THE ORDER MADE BY THE: COMPETITION TRIBUNAL ON FEBRUARY 11, 1992

Cassels Brock & Blackwell LLP 2100 Scotia Plaza 40 King Street West Toronto, Ontario M5H 3C2

Mark J. Nicholson - Law Society No. 30801G Phone: 416.860.6513 Fax: 416.642.7168 Chris Hersh - Law Society No. 43080N Phone: 416.869.5387 Fax: 416.640.3017 Yana Ermak - Law Society No. 47791A Phone: 416.860.2957 Fax: 416.640.3190 Counsel for the Applicant

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