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

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Act current to 2022-07-13 and last amended on 2022-06-23. Previous Versions

PART IIAdministration (continued)

Marginal note:Presentation of or report on record or thing seized

  •  (1) Where a record or other thing is seized pursuant to paragraph 15(1)(d), subsection 15(7) or section 16, the Commissioner or the authorized representative of the Commissioner shall, as soon as practicable,

    • (a) take the record or other thing before the judge who issued the warrant or a judge of the same court or, if no warrant was issued, before a judge of a superior or county court; or

    • (b) make a report in respect of the record or other thing to a judge determined in accordance with paragraph (a).

  • Marginal note:Report

    (2) A report to a judge under paragraph (1)(b) in respect of a record or other thing shall include

    • (a) a statement as to whether the record or other thing was seized pursuant to paragraph 15(1)(d), subsection 15(7) or section 16;

    • (b) a description of the premises searched;

    • (c) a description of the record or other thing seized; and

    • (d) the location in which it is detained.

  • Marginal note:Retention or return of thing seized

    (3) Where a record or other thing is seized pursuant to section 15 or 16, the judge before whom it is taken or to whom a report is made in respect of it pursuant to this section may, if he is satisfied that the record or other thing is required for an inquiry or any proceeding under this Act, authorize the Commissioner to retain it.

  • R.S., 1985, c. C-34, s. 17
  • R.S., 1985, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37, c. 31, s. 46(F)
  • 2002, c. 8, s. 129

Marginal note:Commissioner to take reasonable care

  •  (1) Where any record or other thing is produced pursuant to section 11 or seized pursuant to section 15 or 16, the Commissioner shall take reasonable care to ensure that it is preserved until it is returned to the person by whom it was produced or from whom it was seized or until it is required to be produced in any proceeding under this Act.

  • Marginal note:Certified copies

    (1.1) The Commissioner need not return any copy of a record produced under section 11 or obtained under section 15 or 16.

  • Marginal note:Access to records or things

    (2) The person by whom a record or other thing is produced pursuant to section 11 or from whom a record or other thing is seized pursuant to section 15 or 16 is entitled, at any reasonable time and subject to such reasonable conditions as may be imposed by the Commissioner, to inspect the record or other thing.

  • Marginal note:Copy of record where returned

    (3) The Commissioner may, before returning any record produced pursuant to section 11 or seized pursuant to section 15 or 16, make or cause to be made, and may retain, a copy thereof.

  • Marginal note:Detention of things seized

    (4) Any record or other thing that is produced pursuant to section 11, or the retention of which is authorized under subsection 17(3), shall be returned to the person by whom it was produced or the person from whom it was seized not later than sixty days after it was produced or its retention was authorized, unless, before the expiration of that period,

    • (a) the person by whom it was produced or from whom it was seized agrees to its further detention for a specified period of time;

    • (b) the judge who authorized its production or retention or a judge of the same court is satisfied on application that, having regard to the circumstances, its further detention for a specified period of time is warranted and the judge so orders; or

    • (c) proceedings are instituted in which the record or thing may be required.

  • R.S., 1985, c. C-34, s. 18
  • R.S., 1985, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37
  • 2002, c. 16, s. 2
  • 2017, c. 26, s. 12

Marginal note:Claim to solicitor-client privilege (section 11)

  •  (1) Where a person is ordered to produce a record pursuant to section 11 and that person claims that there exists a solicitor-client privilege in respect thereof, the person shall place it in a package and seal and identify the package and place it in the custody of a person referred to in subsection (3).

  • Marginal note:Claim to solicitor-client privilege (section 15 or 16)

    (2) Where, pursuant to section 15 or 16, any person is about to examine, copy or seize or is in the course of examining, copying or seizing any record and a person appearing to be in authority claims that there exists a solicitor-client privilege in respect thereof, the first-mentioned person, unless the person claiming the privilege withdraws the claim or the first-mentioned person desists from examining and copying the record and from seizing it or a copy thereof, shall, without examining or further examining it or making a copy or further copy thereof, place it and any copies of it made by him, and any notes taken in respect of it, in a package, and seal and identify the package and place it in the custody of a person referred to in subsection (3).

  • Marginal note:Custody of record

    (3) A record in respect of which a solicitor-client privilege is claimed under subsection (1) or (2) shall be placed in the custody of

    • (a) the registrar, prothonotary or other like officer of a superior or county court in the province in which the record was ordered to be produced or in which it was found, or of the Federal Court;

    • (b) a sheriff of the district or county in which the record was ordered to be produced or in which it was found; or

    • (c) some person agreed on between the Commissioner or the authorized representative of the Commissioner and the person who makes the claim of privilege.

  • Marginal note:Determination of claim to privilege

    (4) A judge of a superior or county court in the province in which a record placed in custody under this section was ordered to be produced or in which it was found, or of the Federal Court, sitting in camera, may decide the question of solicitor-client privilege in relation to the record on application made in accordance with the rules of the court by the Commissioner or the owner of the record or the person in whose possession it was found within thirty days after the day on which the record was placed in custody if notice of the application has been given by the applicant to all other persons entitled to make application.

  • Marginal note:Idem

    (5) Where no application is made in accordance with subsection (4) within thirty days after the day on which a record is placed in custody under this section, any judge referred to in subsection (4) shall, on ex parte application by or on behalf of the Commissioner, order the record to be delivered to the Commissioner.

  • Marginal note:Authority of judge

    (6) A judge referred to in subsection (4) may give any directions that the judge deems necessary to give effect to this section, may order delivery up to the judge out of custody of any record in respect of which he is asked to decide a question of solicitor-client privilege and may inspect any such record.

  • Marginal note:Prohibition

    (7) Any person who is about to examine, copy or seize any record pursuant to section 15 or 16 shall not do so without affording a reasonable opportunity for a claim of solicitor-client privilege to be made under this section.

  • Marginal note:Access to record in custody

    (8) At any time while a record is in custody under this section, a judge of a superior or county court in the province in which the record is in custody, or of the Federal Court, may, on an ex parte application of a person claiming solicitor-client privilege under this section, authorize that person to examine the record or make a copy of it in the presence of the person who has custody of it or the judge, but any such authorization shall contain provisions to ensure that the record is repackaged and that the package is resealed without alteration or damage.

  • R.S., 1985, c. C-34, s. 19
  • R.S., 1985, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37

Marginal note:Inspection of records and things

  •  (1) All records or other things obtained or received by the Commissioner may be inspected by the Commissioner and also by such persons as he directs.

  • Marginal note:Copies

    (2) Copies of any records referred to in subsection (1), made by any process of reproduction, on proof orally or by affidavit that they are true copies, are admissible in evidence in any proceedings under this Act and have the same probative force as the original.

  • Marginal note:Proof

    (3) Where proof referred to in subsection (2) is offered by affidavit, it is not necessary to prove the signature or official character of the deponent, if that information is set out in the affidavit, or to prove the signature or official character of the person before whom the affidavit was sworn.

  • R.S., 1985, c. C-34, s. 20
  • R.S., 1985, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37
  • 2010, c. 23, s. 72

Marginal note:Counsel

 Whenever in the opinion of the Commissioner the public interest so requires, the Commissioner may apply to the Attorney General of Canada to appoint and instruct counsel to assist in an inquiry under section 10, and on such an application the Attorney General of Canada may appoint and instruct counsel accordingly.

  • R.S., 1985, c. C-34, s. 21
  • R.S., 1985, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37

Marginal note:Discontinuance of inquiry

  •  (1) At any stage of an inquiry under section 10, if the Commissioner is of the opinion that the matter being inquired into does not justify further inquiry, the Commissioner may discontinue the inquiry.

  • Marginal note:Report

    (2) The Commissioner shall, on discontinuing an inquiry, make a report in writing to the Minister showing the information obtained and the reason for discontinuing the inquiry.

  • Marginal note:Notice to applicant

    (3) Where an inquiry made on application under section 9 is discontinued, the Commissioner shall inform the applicants of the decision and give the grounds therefor.

  • Marginal note:Review of decision

    (4) The Minister may, on the written request of applicants under section 9 or on the Minister’s own motion, review any decision of the Commissioner to discontinue an inquiry under section 10, and may, if in the Minister’s opinion the circumstances warrant, instruct the Commissioner to make further inquiry.

  • R.S., 1985, c. C-34, s. 22
  • R.S., 1985, c. 27 (1st Supp.), s. 187, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37, c. 31, s. 47(F)

Marginal note:Reference to Attorney General of Canada

  •  (1) The Commissioner may, at any stage of an inquiry under section 10, in addition to or in lieu of continuing the inquiry, remit any records, returns or evidence to the Attorney General of Canada for consideration as to whether an offence has been or is about to be committed against this Act and for such action as the Attorney General of Canada may wish to take.

  • Marginal note:Prosecution by Attorney General of Canada

    (2) The Attorney General of Canada may institute and conduct any prosecution or other criminal proceedings under this Act, and for those purposes may exercise all the powers and perform all the duties and functions conferred by the Criminal Code on the attorney general of a province.

  • R.S., 1985, c. C-34, s. 23
  • R.S., 1985, c. 19 (2nd Supp.), s. 24
  • 1999, c. 2, s. 37

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations regulating the practice and procedure in respect of applications, proceedings and orders under sections 11 to 19.

  • Marginal note:Publication of proposed regulations

    (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

  • Marginal note:Exception

    (3) No proposed regulation need be published under subsection (2) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection.

  • R.S., 1985, c. C-34, s. 24
  • R.S., 1985, c. 19 (2nd Supp.), s. 24

Marginal note:Staff

 All officers, clerks and employees required for carrying out this Act shall be appointed in accordance with the Public Service Employment Act, except that the Commissioner may, with the approval of the Governor in Council, employ such temporary, technical and special assistants as may be required to meet the special conditions that may arise in carrying out this Act.

  • R.S., 1985, c. C-34, s. 25
  • R.S., 1985, c. 19 (2nd Supp.), s. 25
  • 1999, c. 2, s. 37

Marginal note:Remuneration of temporary staff

  •  (1) Any temporary, technical and special assistants employed by the Commissioner shall be paid such remuneration, and are entitled to be paid such travel and living expenses incurred in the performance of their duties under this Act, as may be fixed by the Governor in Council.

  • Marginal note:Remuneration and expenses payable out of appropriations

    (2) The remuneration and expenses of the Commissioner and of the temporary, technical and special assistants employed by the Commissioner, and of any counsel instructed under this Act, shall be paid out of money appropriated by Parliament to defray the cost of administering this Act.

  • Marginal note:Public Service Employment Act applies

    (3) Subject to this section and section 7, the Public Service Employment Act and other Acts relating to the public service, in so far as applicable, apply to the Commissioner and to all other persons employed under this Act.

  • R.S., 1985, c. C-34, s. 26
  • R.S., 1985, c. 19 (2nd Supp.), s. 25
  • 1999, c. 2, s. 37
  • 2003, c. 22, s. 225(E)

Marginal note:Authority of technical or special assistants

 Any technical or special assistant or other person employed under this Act, when so authorized or deputed by the Commissioner, has power and authority to exercise any of the powers and perform any of the duties of the Commissioner under this Act with respect to any particular inquiry, as may be directed by the Commissioner.

  • R.S., 1985, c. C-34, s. 27
  • 1999, c. 2, s. 37

Marginal note:Minister may require interim report

 The Minister may at any time require the Commissioner to submit an interim report with respect to any inquiry by him under this Act, and it is the duty of the Commissioner whenever thereunto required by the Minister to render an interim report setting out the action taken, the evidence obtained and the Commissioner’s opinion as to the effect of the evidence.

  • R.S., 1985, c. C-34, s. 28
  • 1999, c. 2, s. 37

Marginal note:Confidentiality

  •  (1) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person except to a Canadian law enforcement agency or for the purposes of the administration or enforcement of this Act

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

    • (b) any information obtained pursuant to section 11, 15, 16 or 114;

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

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

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

    • (e) any information provided voluntarily pursuant to this Act.

  • Marginal note:Exception

    (2) This section does not apply in respect of any information that has been made public or any information the communication of which was authorized by the person who provided the information.

  • R.S., 1985, c. C-34, s. 29
  • R.S., 1985, c. 19 (2nd Supp.), s. 26
  • 2002, c. 16, s. 2.1
  • 2018, c. 10, s. 83
 
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