Competition Bureau
Fees and service standardsQuestion 57: Why did the Bureau introduce fees for services that, up until Answer: Over the last couple of years, the Bureau has faced increasing pressure regarding its ability to maintain its service levels particularly with respect to merger review. Several efficiencies were introduced in various operational processes. With increasing demands stemming from deregulation activity and globalization, for example, these efficiencies were no longer sufficient and there was great concern regarding the Bureau?s ability to continue to maintain service levels. While the Bureau recognized that the administration and enforcement of the Competition Act are considered a public good, it also recognized that there is a private benefit to specific activities such as merger review and the provision of advisory opinions and photocopies. Under this fee regime, those who benefit most from a service or regulatory process, are now required to contribute to its cost. The Bureau recognized the existence of both a public and private benefit, and set its fee level to only recover part of the full costs, funding the rest in recognition of the public good component. The Bureau was also determined to introduce a regime that would not merely maintain but actually improve service levels. Since they would be paying for a service, those affected have also participated with the Bureau in determining the applicable service standards (turn-around times) for each service. They will also continue to participate in the review and improvement of these processes.
Question 58: Will the funding from these fees be used to pay off the federal government?s debt? Answer: No. The key reason for introducing fees was to address various issues that have threatened the level of service in certain areas. By re-investing the revenue from fees into the service areas for which they were earned, as required by Treasury Board policy, the Bureau will focus on not just maintaining but actually improving the level of service that is received by the business community.
Question 59: Is the imposition of fees not considered a form of double taxation by the federal government? Answer: No. In recognition that there is a public good component to the provision of merger review and of advisory opinions in ensuring that business conduct is not anti-competitive, the Bureau will recover through the fee, only a portion of the cost of providing the service. The remainder will be funded, as before, through general taxation. The Bureau judged this to be the most fair and appropriate distribution of costs and the most acceptable (from a client perspective) fee level.
Question 60: To whom is the cheque made payable? Answer: The Receiver General for
Question 61: What other forms of payments are acceptable? Answer: You may use VISA, Mastercard or cash. The Bureau will also consider deposit accounts if there is sufficient demand. Electronic funds transfer is not possible at this time but the Bureau will consider it for the future.
Question 62: Am I required to pay GST or PST? Answer: GST is required for Advance Ruling Certificates, Advisoy Opinions and photocopies pursuant to Part IX of the Excise Tax Act, Subsection 165(1). It is not required for Pre-merger Notification pursuant to Schedule V of the Excise Tax Act, Part 6, Section 20, Paragraph (B.1.) In addition, non- residents of The PST applies to Advance Ruling Certificates, Advisory Opinions and photocopies only for residents of the
Question 63: Will the Bureau meet all of its turn-around times immediately? Answer: We intend to meet all service standards as quickly as possible. In some instances, we may be able to meet our turn-around times immediately. However, one of the reasons for introducing fees is to provide additional funding in order to improve service in the fee-generating areas, as reflected in the published service standards. We are in the process of carefully reviewing our processes and introducing efficiencies and improvements wherever possible. We are also implementing appropriate administrative and reporting systems to ensure that we track our processes and become aware of problem areas as soon as possible in order to rectify them.
We will however continue to provide services as expeditiously as possible without compromising quality. In those service areas where significant operational reviews are required, we are committed to meeting service standards within 18 months from the introduction of fees.
Question 64: Why did the Bureau increase the duration of some of its service standards? Answer: The Bureau increased the duration of some of its service standards, as a result of its experience over the last few years and in recognition of the need to adjust these to make them more realistic. In addition, due to the binding nature of written opinions, it is expected the workload will increase to provide these services. The service standards that have been increased are also in response to stakeholders concerns of predictability. Service standards continue to reflect Treasury Board policy, that they be challenging and yet realistic, and that stakeholders be involved in their development. Service standards were introduced in 1997 to ensure that a regular mechanism exists to ensure processes are efficient, timely and predictable.
Question 65: When does the service standard clock start? Answer: The service standard clock will commence the next business day after a complete request is received; a request is considered complete once all of the information requirements, as set out in the Handbook, have been fulfilled.
Question 66: When does the service standard clock stop? Answer: The service standard clock will stop: a) In the case of a written opinion, when the opinion has been mailed to the requester and/or the party receives oral confirmation followed by the written response. OR b) In the case of an ARC request or a merger notification, when the parties are advised in writing: i) that the Bureau will take no action or has no issues or ii) that the Bureau believes the transaction raises serious competition concerns which if left unresolved may cause the Commissioner to file an application with the Competition Tribunal. The service standard may, in exceptional circumstances, be suspended while the Bureau is waiting for additional information from parties. Refer to the Handbook for further details.
Question 67: If the standard is written in number of weeks, does one (1) week represent five (5) or seven (7) days? Answer: All service standards are calculated in calendar days (i.e. 7 days).
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Created: 2005-04-25 Updated: 2005-05-17 |
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