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Legisiatve Suiting Miter of Energy Feegha, Saskatchewan $43 053 and Resources November 1, 2010 Hon. Tony Clement Minister of Industry CD Howe Building 235 Queen Street Ottawa, Ontario KIA OHS Dear Mr. Clement: Lam writing to express my deep concem about a news story by Don Martin of the National Post which appeared online yesterday entitled “investment Canada gives Potash bid tentative nod.” If this story is true, the Province of Saskatchewan would be deeply disappointed in both. your decision and in learning of your decision in this manner. ‘The story cites “Conservative insiders” confirming that a recommendation to approve the proposed PotashCorp takeover has been sent to the Prime Minister's desk. The story goes on to talk about undertakings that will be attached to the approval, including a government-appointed body to monitor the purchase and enforce takeover terms. If this story does indeed reflect the federal government’s decision, our government will view this as a profound betrayal of our province and will announce further steps we will take in response to this federal decision. However, more immediately, I would like an explanation regarding why some unnamed “Conservative insider” is providing information about your department's recommendations to the news media, which appears to be a flagrant violation of the strict confidentiality provisions contained in Section 36 of the Investment Canada Act. In a subsequent story this morning, Mr. Martin says that he received this information from “two in-the-loop sources.” This is particularly troubling given that Saskatchewan government officials have been cautioned by your government on numerous occasions about adhering to the confidentiality provisions of the Act. I would further note that Saskatchewan’s Conservative MP’s have refrained from publicly expressing their opinions on this takeover bid, citing the legal restrictions contained in the confidentiality provisions of the Act. Page 2 After all that, someone associated with your own government now appears to be flagrantly violating these same provisions at the most crucial point in the entire process — just as the final decision is about to be made. Please advise what steps you plan to take to deal with this apparent violation of the Investment Canada Act and if you will be launching an investigation into this matter. Regards, Bill Boyd Minster of Energy and Resources ce: Premier Brad Wall

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