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Marginal note:Orders of Attorney General relating to production of records and giving of information

• 3 (1) Where, in the opinion of the Attorney General of Canada, a foreign tribunal has exercised, is exercising or is proposing or likely to exercise jurisdiction or powers of a kind or in a manner that has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving a business carried on in whole or in part in Canada or that otherwise has infringed or is likely to infringe Canadian sovereignty, or jurisdiction or powers that is or are related to the enforcement of a foreign trade law or a provision of a foreign trade law set out in the schedule, the Attorney General of Canada may, by order, prohibit or restrict

  • (a) the production before or the disclosure or identification to, or for the purposes of, a foreign tribunal of records that, at any time while the order is in force, are in Canada or are in the possession or under the control of a Canadian citizen or a person resident in Canada;

  • (b) the doing of any act in Canada, in relation to records that, at any time while the order is in force, are in Canada or are in the possession or under the control of a Canadian citizen or a person resident in Canada, that will, or is likely to, result in the records, or information as to the contents of the records or from which the records might be identified, being produced before or disclosed or identified to, or for the purposes of, a foreign tribunal; and

  • (c) the giving by a person, at a time when that person is a Canadian citizen or a resident of Canada, of information before, or for the purposes of, a foreign tribunal in relation to, or in relation to the contents or identification of, records that, at any time while the order is in force, are or were in Canada or under the control of a Canadian citizen or a person resident in Canada.

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Marginal note:Recovery of damages and expenses

• 9 (1) Where a judgment in respect of which an order has been made under section 8 has been given against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, or an order has been made under section 8.1 in favour of such a party in respect of a judgment, that party may, in Canada, sue for and recover from a person in whose favour the judgment is given

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• Marginal note:Recovery of expenses before final judgment

  (1.1) Where proceedings are instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, and no final judgment has been given under those proceedings against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, that party may, in Canada, with the consent of the Attorney General of Canada, at any time during the proceedings sue the person who instituted the action and recover from that person all expenses incurred by the party in defending those proceedings and in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs.

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Marginal note:Judgments satisfied outside Canada

8.1 Where an order may not be made under section 8 in respect of a judgment because the judgment has been satisfied outside Canada, or where a judgment has been given under the law of the United States entitled Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, the Attorney General of Canada may, on application by a party against whom the judgment was given who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, by order, declare that that party may recover, under the provisions of section 9 that the Attorney General identifies, any or all amounts obtained from that party under the judgment, expenses incurred by that party, or loss or damage suffered by that party.

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2 In this Act,

foreign trade law

foreign trade law  means a law of a foreign jurisdiction that directly or indirectly affects or is likely to affect trade or commerce between

• (a) Canada, a province, a Canadian citizen or a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada,

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