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

Act current to 2014-06-12 and last amended on 2010-03-12. Previous Versions

Notice and Information

Marginal note:Notice of proposed transaction
  •  (1) Subject to this Part, the parties to a proposed transaction shall, before the transaction is completed, notify the Commissioner that the transaction is proposed and supply the Commissioner with the prescribed information in accordance with this Part, if

    • (a) a person, or two or more persons pursuant to an agreement or arrangement, propose to acquire assets in the circumstances set out in subsection 110(2), to acquire shares in the circumstances set out in subsection 110(3) or to acquire an interest in a combination in the circumstances set out in subsection 110(6);

    • (b) two or more corporations propose to amalgamate in the circumstances set out in subsection 110(4); or

    • (c) two or more persons propose to form a combination in the circumstances set out in subsection 110(5).

  • Marginal note:Additional information

    (2) The Commissioner or a person authorized by the Commissioner may, within 30 days after receiving the prescribed information, send a notice to the person who supplied the information requiring them to supply additional information that is relevant to the Commissioner’s assessment of the proposed transaction.

  • Marginal note:Contents of notice

    (2.1) The notice shall specify the particular additional information or classes of additional information that are to be supplied.

  • Marginal note:Corporation whose shares are acquired

    (3) If a proposed transaction is an acquisition of shares and the Commissioner receives information supplied under subsection (1) by a party to the transaction, other than the corporation whose shares are being acquired, before receiving such information from the corporation,

    • (a) the Commissioner shall immediately notify the corporation that the Commissioner has received from that party the prescribed information; and

    • (b) the corporation shall supply the Commissioner with the prescribed information within 10 days after being notified under paragraph (a).

  • Marginal note:Notice and information

    (4) Any of the persons required to give notice and supply information under this section may

    • (a) if duly authorized to do so, give notice or supply information on behalf of and in lieu of any of the others who are so required in respect of the same transaction; or

    • (b) give notice or supply information jointly with any of those others.

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 1999, c. 2, s. 31, c. 31, s. 53(F);
  • 2009, c. 2, s. 437.
Marginal note:Prior notice of acquisitions
  •  (1) It is not necessary to comply with section 114 in respect of a proposed acquisition of voting shares or of an interest in a combination where a limit set out in subsection 110(3) or (6) would be exceeded as a result of the proposed acquisition within three years immediately following a previous compliance with section 114 required in relation to the same limit.

  • Marginal note:Notice of future acquisition

    (2) Where a person or persons who propose to acquire voting shares or an interest in a combination are required to comply with section 114 because the twenty or thirty-five per cent limit set out in subsection 110(3) or the thirty-five per cent limit set out in subsection 110(6) would be exceeded as a result of the acquisition, the person or persons may, at the time of the compliance, give notice to the Commissioner of a proposed further acquisition of voting shares or of an interest in a combination that would result in a fifty per cent limit set out in that subsection being exceeded, and supply the Commissioner with a detailed description in writing of the steps to be carried out in the further acquisition.

  • Marginal note:Exemption for further acquisitions of voting shares

    (3) It is not necessary to comply with section 114 in respect of a proposed further acquisition referred to in subsection (2) if

    • (a) notice of the further acquisition is given to the Commissioner under subsection (2) and it is carried out in accordance with the description supplied under that subsection; and

    • (b) an additional notice of the further acquisition is given to the Commissioner in writing within twenty-one, and at least seven, days before the further acquisition.

  • Marginal note:Limitation

    (4) Subsection (3) does not apply in respect of a further acquisition unless the further acquisition is completed within one year after notice of it is given under subsection (2).

  • R.S., 1985, c. 19 (2nd Supp.), s. 45;
  • 1999, c. 2, ss. 32, 37.