Competition Act (R.S.C., 1985, c. C-34)

Marginal note:Communication to Minister of Transport

• 29.1 (1) Notwithstanding subsection 29(1), the Commissioner may, if requested to do so by the Minister of Transport in accordance with subsection (3), communicate or allow to be communicated to that Minister any information referred to in subsection (2) that is specifically requested by that Minister.

• Marginal note:Information

  (2) The information that may be communicated under this section is

  • (a) the identity of any person from whom information was obtained under this Act;

  • (b) any information obtained in the course of an inquiry under section 10;

  • (c) any information obtained under section 11, 15, 16 or 114;

  • (c.1) any information obtained under any of sections 53.71 to 53.81 of the Canada Transportation Act;

  • (d) any information obtained from a person requesting a certificate under section 102;

  • (e) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and

  • (f) any information collected, received or generated by or on behalf of the Commissioner, including compilations and analyses.

• Marginal note:Contents of request

  (3) Requests under this section must be in writing and must

  • (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; and

  • (b) state that the Minister of Transport requires the information for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81 of the Canada Transportation Act and identify the transaction being considered under that section.

• Marginal note:Restriction

  (4) The information communicated under subsection (1) may be used only for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81, as the case may be, of the Canada Transportation Act.

• Marginal note:Confidentiality

  (5) No person who performs or has performed duties or functions in the administration or enforcement of the Canada Transportation Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to persons who perform duties or functions under section 53.1 or 53.2 or any of sections 53.71 to 53.81 of that Act.

Marginal note:Communication to Minister of Finance

• 29.2 (1) Notwithstanding subsection 29(1), the Commissioner may, if requested to do so by the Minister of Finance in accordance with subsection (3), communicate or allow to be communicated to the Minister of Finance any information referred to in subsection (2) that is specifically requested by the Minister of Finance.

• Marginal note:Information

  (2) The information that may be communicated under this section is

  • (a) the identity of any person from whom information was obtained under this Act;

  • (b) any information obtained in the course of an inquiry under section 10;

  • (c) any information obtained under section 11, 15, 16 or 114;

  • (d) any information obtained from a person requesting a certificate under section 102;

  • (e) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and

  • (f) any information collected, received or generated by or on behalf of the Commissioner, including compilations and analyses.

• Marginal note:Contents of request

  (3) Requests under this section must be in writing and must

  • (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required;

  • (b) state that the Minister of Finance requires the information

    • (i) to consider a merger or proposed merger under the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act, or

    • (ii) to permit the Minister of Finance to determine whether he or she should provide the Commissioner with a certificate described in paragraph 94(b) in respect of such a merger or proposed merger;

    and

  • (c) identify the merger or proposed merger.

• Marginal note:Restriction

  (4) The information communicated under subsection (1) may be used only for the purpose of making a decision in respect of the merger or proposed merger.

• Marginal note:Confidentiality

  (5) No person who performs or has performed duties or functions, in the administration or enforcement of the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to other persons who perform those duties or functions.

PART IIIMutual Legal Assistance

Interpretation

Marginal note:Definitions

30 The definitions in this section apply in this Part.

agreement

agreement means a treaty, convention or other international agreement to which Canada is a party that provides for mutual legal assistance in competition matters, other than a matter in respect of which the Mutual Legal Assistance in Criminal Matters Act applies. (accord)

conduct

conduct means conduct or matters within the meaning of the relevant agreement in respect of which mutual legal assistance may be requested in accordance with this Part. (comportement)

data

data[Repealed, 2014, c. 31, s. 32]

foreign state

foreign state means a country other than Canada, and includes any international organization of states. (État étranger)

judge

judge means

• (a) in Ontario, a judge of the Superior Court of Justice;

• (b) in Quebec, a judge of the Superior Court;

• (c) in Nova Scotia, British Columbia, Prince Edward Island, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice;

• (d) in New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench;

• (e) in Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court; and

• (f) in any province or territory, a judge of the Federal Court. (juge)

Functions of the Minister of Justice

Marginal note:Agreements respecting mutual legal assistance

30.01 Before Canada enters into an agreement, the Minister of Justice must be satisfied that

• (a) the laws of the foreign state that address conduct that is similar to conduct prohibited or reviewable under this Act are, in his or her opinion, substantially similar to the relevant provisions of this Act, regardless of whether the conduct is dealt with criminally or otherwise;

• (b) any record or thing provided by Canada under the agreement will be protected by laws respecting confidentiality that are, in his or her opinion, substantially similar to Canadian laws;

• (c) the agreement contains provisions in respect of

  • (i) the circumstances in which Canada may refuse, in whole or in part, to approve a request, and

  • (ii) the confidentiality protections that will be afforded to any record or thing provided by Canada;

• (c.1) the agreement contains one of the following undertakings by the foreign state:

  • (i) that any record or thing provided by Canada will be used only for the purpose for which it was requested, or

  • (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters;

• (d) the agreement also contains the following undertakings by the foreign state, namely,

  • (i) that it will provide assistance to Canada comparable in scope to that provided by Canada,

  • (ii) [Repealed, 2020, c. 1, s. 22]

  • (iii) that any record or thing provided by Canada will be used subject to any terms and conditions on which it was provided, including conditions respecting applicable rights or privileges under Canadian law,

  • (iv) that, at the conclusion of the investigation or proceedings in respect of which any record or thing was provided by Canada, the foreign state will return the record or thing and any copies to Canada or, with the consent of Canada, return the record or thing to Canada and destroy any copies,

  • (v) subject to paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and

  • (vi) that it will promptly notify the Minister of Justice in the event that the confidentiality protections contained in the agreement have been breached; and

• (e) the agreement contains a provision in respect of the manner in which it may be terminated.

Publication of Agreements

Marginal note:Publication in Canada Gazette

• 30.02 (1) An agreement must be published in the Canada Gazette no later than 60 days after the agreement comes into force, unless it has already been published under subsection (2).

• Marginal note:Publication in Canada Treaty Series

  (2) An agreement may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after the agreement comes into force.

• Marginal note:Judicial notice

  (3) Agreements published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.

Requests Made to Canada from Abroad

Requests

Marginal note:Requests

30.03 The Minister of Justice is responsible for dealing with a request made by a foreign state under an agreement, in accordance with the agreement and this Part.

Search and Seizure

Marginal note:Application of sections 15, 16 and 19

30.04 Sections 15, 16 and 19 apply, with any modifications that the circumstances require, in respect of a search or a seizure under this Part, except to the extent that those sections are inconsistent with this Part.

Marginal note:Approval of request for search and seizure

• 30.05 (1) If the Minister of Justice approves a request of a foreign state to have a search and seizure carried out in respect of conduct that is the subject of the request, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for a search warrant.

• Marginal note:Application for search warrant

  (2) The Commissioner or the authorized representative of the Commissioner shall apply ex parte for a search warrant to a judge.

Marginal note:Warrant for entry of premises

• 30.06 (1) A judge to whom an application is made under subsection 30.05(2) may issue a search warrant authorizing the person named in it to execute it anywhere in Canada where the judge is satisfied by information on oath or solemn affirmation that there are reasonable grounds to believe that

  • (a) conduct that is the subject of a request made by a foreign state is taking place, has taken place or is about to take place;

  • (b) evidence in respect of the conduct referred to in paragraph (a) will be found in any premises; and

  • (c) it would not, in the circumstances, be appropriate to make an order under subsection 30.11(1).

• Marginal note:Authorization

  (2) A search warrant issued under subsection (1) authorizes the person named in it to enter the premises specified in the warrant, subject to any conditions that may be specified in the warrant, and to search the premises for any record or thing specified in the warrant and to examine and seize it.

• Marginal note:Hearing re execution

  (3) A judge who issues a search warrant under subsection (1) shall fix a time and place for a hearing to consider the execution of the warrant as well as the report referred to in section 30.07.

• Marginal note:Contents of warrant

  (4) A search warrant issued under subsection (1) must

  • (a) set out the time and place for the hearing mentioned in subsection (3);

  • (b) state that, at that hearing, an order will be sought for the sending to the foreign state of the records or things seized in execution of the warrant; and

  • (c) state that every person from whom a record or thing is seized in execution of the warrant and any person who claims to have an interest in a record or thing so seized may make representations at the hearing before any order is made concerning the record or thing.

• Marginal note:Duty of persons in control of premises

  (5) Every person who is in possession or control of any premises, record or thing in respect of which a search warrant is issued under subsection (1) shall, on presentation of the warrant, permit the person named in the warrant to enter the premises, search the premises and examine the record or thing and seize it.

• Marginal note:Where admission or access refused

  (6) Where a person, in executing a search warrant issued under subsection (1), is refused access to any premises, record or thing or where the Commissioner believes on reasonable grounds that access will be refused, the judge who issued the warrant or a judge of the same court, on the ex parte application of the Commissioner or the authorized representative of the Commissioner, may by order direct a peace officer to take any steps that the judge considers necessary to give access to the person named in the warrant.