Notifiable Transactions Regulations

16 (1) For the purposes of subsection 114(1) of the Act and subject to subsection (2), the following information is to be supplied to the Commissioner:

• (a) a description of the proposed transaction and the business objectives intended to be achieved as a result of it;

• (a.1) a copy of each legal document, or the most recent draft of that document if it is not yet executed, that is to be used to implement the proposed transaction;

• (b) a list of the foreign competition or antitrust authorities that have been notified of the proposed transaction by the parties and the date on which each authority was notified;

• (c) in respect of each party,

  • (i) its full name,

  • (ii) the addresses of its principal offices,

  • (iii) a list of its affiliates that have significant assets in Canada or significant gross revenues from sales in, from or into Canada and a chart describing the relationships between the party and those affiliates, and

  • (iv) a description of its principal businesses and the principal businesses of its affiliates referred to in subparagraph (iii), including

    • (A) their most recent annual report and, if the annual report is not available or if the financial statements are different from those contained in the report, audited financial statements relating to their principal businesses for their most recently completed fiscal year, and financial statements for subsequent interim periods,

    • (B) a summary description of each of the principal categories of products, as defined by the party in its day-to-day operations, that it produces, supplies or distributes and each of the principal categories of products produced, supplied or distributed by its affiliates referred to in subparagraph (iii),

    • (C) statements identifying, for each of those principal categories of products, the twenty most important current suppliers and customers, the contact names, the telephone numbers and addresses of those suppliers and customers, and the annual volume or dollar value of purchases from and sales to those suppliers and customers,

    • (C.1) statements identifying, for each of those principal categories of products, the total annual volume or dollar value of purchases from and sales to all suppliers and customers, and

    • (D) the geographic regions of sales for its principal businesses and the principal businesses of its affiliates; and

• (d) in respect of each party, and each of its affiliates referred to in subparagraph (c)(iii), all studies, surveys, analyses and reports that were prepared or received by an officer or director of the corporation — or in the case of an unincorporated entity, an individual who serves in a similar capacity — for the purpose of evaluating or analysing the proposed transaction with respect to market shares, competition, competitors, markets, potential for sales growth or expansion into new products or geographic regions and, if not otherwise set out in that document, the names and titles of the individuals who prepared the document and the date on which it was prepared.

(2) Instead of being supplied with a report or financial statement referred to in clause (1)(c)(iv)(A), the Commissioner may be supplied with the address of an Internet site from which a copy of those documents can be obtained without charge, which is operational at the time the address is supplied and which remains operational prior to the expiry of the period referred to in subsection 123(1) of the Act.