Pursuant to Article 3 of the United Nations Commission on International Trade Law ("UNCITRAL") Rules of Arbitration and Articles 1116 and 1120 of the North American Free Trade Agreement ("NAFT A"), the Investor, ST. MARYS VCNA, LLC, initiate recourse to arbitration under the UNCITRAL Rules of Arbitration (Resolution 31/98 Adopted by the General Assembly on December 15, 1976).

A. DEMAND THAT THE DISPUTE BE REFERRED TO ARBITRATION

Pursuant to Article 1120( 1)( c) of the NAFT A, the Investor hereby demands that the dispute between it and the Government of Canada ("Canada") be referred to arbitration under the UNCITRAL Arbitration Rules.

Pursuant to Article 1119 of the NAFT A, the Investor delivered a Notice of Intent to Submit a Claim to Arbitration to Canada on May] 3, 2011, more than ninety days prior to the submission of this claim.

Pursuant to Article 1121 of the NAFT A, the Investor consents to arbitration in accordance with the procedures set out in the NAFT  A. The Investor hereby waives its right to initiate or continue before any administrative tribunal or any court, or any other dispute settlement procedures, any proceedings with respect to the measures outlined herein, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving payment of damages, before an administrative tribunal or court under the laws of Canada. The Investor's executed consents and waivers are attached to this Notice of Arbitration. The Investment, St. Marys Cement Inc. (Canada), has also executed a waiver as required by NAFT A Article 1121 (1 )(b  ).1