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

Act current to 2016-08-01 and last amended on 2015-03-09. Previous Versions

Marginal note:Report
  •  (1) A person designated under paragraph 30.11(2)(c) in an order made under subsection 30.11(1) shall make a report to the judge who made the order, or another judge of the same court, accompanied by

    • (a) a transcript of every examination held under the order;

    • (b) a general description of every record or thing produced to the person under the order and, if the judge so requires, a record or thing itself; and

    • (c) a copy of every statement given under subsection 30.11(9) of the reasons for a refusal to answer any question or to produce any record or thing.

  • Marginal note:Copy to Minister of Justice

    (2) The person designated under paragraph 30.11(2)(c) shall send a copy of the report to the Minister of Justice promptly after it is made.

  • Marginal note:Refusals

    (3) If any reasons contained in a statement given under subsection 30.11(9) are based on the Canadian law of non-disclosure of information or privilege, a judge to whom a report is made shall determine whether those reasons are well-founded and, if the judge determines that they are, that determination shall be mentioned in any order that the judge makes under section 30.13, but if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 30.11(1) answer the questions or produce the records or things.

  • Marginal note:Refusals based on foreign law

    (4) A copy of every statement given under subsection 30.11(9) that contains reasons that purport to be based on a law that applies to the foreign state shall be appended to any order that the judge makes under section 30.13.

  • 2002, c. 16, s. 3.
Marginal note:Sending abroad
  •  (1) A judge to whom a report is made under subsection 30.12(1) may order that there be sent to the foreign state mentioned in subsection 30.1(1)

    • (a) the report, any transcript referred to in paragraph 30.12(1)(a) and any record or thing produced;

    • (b) a copy of the order made under subsection 30.11(1) accompanied by a copy of any statement given under subsection 30.11(9) that contains reasons that purport to be based on a law that applies to the foreign state; and

    • (c) any determination made under subsection 30.12(3) that the reasons contained in a statement given under subsection 30.11(9) are well-founded.

  • Marginal note:Terms and conditions

    (2) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, after having considered any representations of the Minister of Justice, the Commissioner, the person who produced any record or thing to the person designated under paragraph 30.11(2)(c) and any person who claims to have an interest in any record or thing so produced, including terms and conditions

    • (a) necessary to give effect to the request mentioned in subsection 30.1(1);

    • (b) in respect of the preservation and return to Canada of any record or thing so produced; and

    • (c) in respect of the protection of the interests of third parties.

  • Marginal note:Further execution

    (3) The execution of an order made under subsection 30.11(1) that was not completely executed because of a refusal, by reason of a law that applies to the foreign state, to answer one or more questions or to produce certain records or things to the person designated under paragraph 30.11(2)(c) may be continued, unless a ruling has already been made on the objection under paragraph 30.11(8)(a), if a court of the foreign state or a person designated by the foreign state determines that the reasons are not well-founded and the foreign state so advises the Minister of Justice.

  • Marginal note:Leave of judge required

    (4) No person named in an order made under subsection 30.11(1) whose reasons for refusing to answer a question or to produce a record or thing are determined not to be well-founded, or whose objection has been ruled against under paragraph 30.11(8)(a), shall, during the continued execution of the order or ruling, refuse to answer that question or to produce that record or thing to the person designated under paragraph 30.11(2)(c), except with the permission of the judge who made the order or ruling or another judge of the same court.

  • 2002, c. 16, s. 3.
Marginal note:Terms and conditions

 No record or thing that has been ordered under section 30.13 to be sent to the foreign state mentioned in subsection 30.1(1) shall be so sent until the Minister of Justice is satisfied that the foreign state has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.

  • 2002, c. 16, s. 3.
Marginal note:Approval of request to obtain evidence by video link, etc.
  •  (1) If the Minister of Justice approves a request of a foreign state to compel a person to provide evidence or a statement in respect of conduct that is the subject of the request by means of technology that permits the virtual presence of the person in the territory over which the foreign state has jurisdiction, or that permits the person to be heard and examined, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for the order.

  • Marginal note:Application for order

    (2) The Commissioner or the authorized representative of the Commissioner shall apply ex parte to a judge for an order for the taking of evidence or a statement from the person.

  • 2002, c. 16, s. 3.
Marginal note:Order for video link, etc.
  •  (1) A judge to whom an application is made under subsection 30.15(2) may make an order for the taking of evidence or a statement from a person where the judge is satisfied 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; and

    • (b) the foreign state believes that the person’s evidence or statement would be relevant to the investigation or proceedings in respect of the conduct referred to in paragraph (a).

  • Marginal note:Provisions of order

    (2) An order made under subsection (1) shall order the person

    • (a) to attend at the place fixed by the judge for the taking of the evidence or statement by means of the technology and to remain in attendance until the person is excused by the authorities of the foreign state;

    • (b) to answer any questions put to the person by the authorities of the foreign state or by any person authorized by those authorities;

    • (c) to make a copy of a record or to make a record from data and to bring the copy or record, when appropriate; and

    • (d) to bring any record or thing in his or her possession or control, when appropriate, in order to show it to the authorities by means of the technology.

  • Marginal note:Order effective throughout Canada

    (3) An order made under subsection (1) may be executed anywhere in Canada.

  • Marginal note:Terms and conditions of order

    (4) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of the person named in it and of third parties.

  • Marginal note:Variation

    (5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions.

  • Marginal note:Expenses

    (6) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order.

  • 2002, c. 16, s. 3.
Marginal note:Other laws to apply
  •  (1) When a person gives evidence or a statement pursuant to an order made under subsection 30.16(1), the person shall give the evidence or statement as though he or she were physically before the court or tribunal outside Canada, in accordance with the laws of evidence and procedure applicable to that court or tribunal, but may refuse to give evidence or a statement, in whole or in part, if giving the evidence or statement would disclose information that is protected by the Canadian law of non-disclosure of information or privilege.

  • Marginal note:Statement of reasons for refusal

    (2) A person named in an order made under subsection 30.16(1) who refuses to give evidence or a statement on the grounds that it would disclose information that is protected by the Canadian law of non-disclosure of information or privilege shall, within seven days, give to the judge who made the order or another judge of the same court a detailed statement in writing of the reasons on which the person bases each refusal.

  • Marginal note:Refusals

    (3) A judge to whom a statement is given under subsection (2) shall determine whether the reasons for refusal are well-founded and, if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 30.16(1) give the evidence or statement.

  • Marginal note:Contempt of court in Canada

    (4) When a witness gives evidence under section 30.16, the Canadian law relating to contempt of court applies with respect to a refusal by the person to answer a question or to produce a record or thing as ordered by the judge under that section.

  • 2002, c. 16, s. 3.
 
Date modified: