GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 30.03
Requests 30.03 The Minister of Justice is responsible for dealing with a request made by a foreign state under an agreement, in accordance with the agreement and this Part. 2002, c. 16, s. 3
Competition Act — C-34 30.04
Application of sections 15, 16 and 19 30.04 Sections 15, 16 and 19 apply, with any modifications that the circumstances require, in respect of a search or a seizure under this Part, except to the extent that those sections are inconsistent with this Part. 2002, c. 16, s. 3
Competition Act — C-34 30.05
Approval of request for search and seizure 30.05 (1) If the Minister of Justice approves a request of a foreign state to have a search and seizure carried out in respect of conduct that is the subject of the request, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for a search warrant. Application for search warrant (2) The Commissioner or the authorized representative of the Commissioner shall apply ex parte for a search warrant to a judge. 2002, c. 16, s. 3
Competition Act — C-34 30.06
Warrant for entry of premises 30.06 (1) A judge to whom an application is made under subsection 30.05(2) may issue a search warrant authorizing the person named in it to execute it anywhere in Canada where the judge is satisfied by information on oath or solemn affirmation 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; (b) evidence in respect of the conduct referred to in paragraph (a) will be found in any premises; and (c) it would not, in the circumstances, be appropriate to make an order under subsection 30.11(1). Authorization (2) A search warrant issued under subsection (1) authorizes the person named in it to enter the premises specified in the warrant, subject to any conditions that may be specified in the warrant, and to search the premises for any record or thing specified in the warrant and to examine and seize it. Hearing re execution (3) A judge who issues a search warrant under subsection (1) shall fix a time and place for a hearing to consider the execution of the warrant as well as the report referred to in section 30.07. Contents of warrant (4) A search warrant issued under subsection (1) must (a) set out the time and place for the hearing mentioned in subsection (3); (b) state that, at that hearing, an order will be sought for the sending to the foreign state of the records or things seized in execution of the warrant; and (c) state that every person from whom a record or thing is seized in execution of the warrant and any person who claims to have an interest in a record or thing so seized may make representations at the hearing before any order is made concerning the record or thing. Duty of persons in control of premises (5) Every person who is in possession or control of any premises, record or thing in respect of which a search warrant is issued under subsection (1) shall, on presentation of the warrant, permit the person named in the warrant to enter the premises, search the premises and examine the record or thing and seize it. Where admission or access refused (6) Where a person, in executing a search warrant issued under subsection (1), is refused access to any premises, record or thing or where the Commissioner believes on reasonable grounds that access will be refused, the judge who issued the warrant or a judge of the same court, on the ex parte application of the Commissioner or the authorized representative of the Commissioner, may by order direct a peace officer to take any steps that the judge considers necessary to give access to the person named in the warrant. 2002, c. 16, s. 3
Competition Act — C-34 30.07
Report 30.07 (1) The person who executes a search warrant shall, at least five days before the time of the hearing to consider its execution, file with the court of which the judge who issued the warrant is a member a written report concerning the execution of the warrant that includes a general description of the records or things seized. Copy to Minister of Justice (2) The person who files the report under subsection (1) shall send a copy of it to the Minister of Justice promptly after its filing. 2002, c. 16, s. 3
Competition Act — C-34 30.08
Sending abroad 30.08 (1) At the hearing referred to in subsection 30.06(3), after having considered any representations of the Minister of Justice, the Commissioner, the person from whom a record or thing was seized and any person who claims to have an interest in the record or thing, the judge who issued the search warrant or another judge of the same court may (a) where the judge is not satisfied that the warrant was executed according to its terms and conditions or where the judge is satisfied that an order should not be made under paragraph (b), order that a record or thing seized be returned to (i) the person from whom it was seized, if possession of it by that person is lawful, or (ii) the lawful owner or the person who is lawfully entitled to its possession, if the owner or that person is known and possession of the record or thing by the person from whom it was seized is unlawful; or (b) in any other case, order that a record or thing seized be sent to the foreign state mentioned in subsection 30.05(1) and include in the order any terms and conditions that the judge considers desirable, including terms and conditions (i) necessary to give effect to the request mentioned in that subsection, (ii) in respect of the preservation and return to Canada of any record or thing seized, and (iii) in respect of the protection of the interests of third parties. Requiring record, etc., at hearing (2) At the hearing mentioned in subsection (1), the judge may require that a record or thing seized be brought before him or her. 2002, c. 16, s. 3
Competition Act — C-34 30.09
Terms and conditions 30.09 No record or thing seized that has been ordered under section 30.08 to be sent to a foreign state 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
Competition Act — C-34 30.1
Approval of request to obtain evidence 30.1 (1) If the Minister of Justice approves a request of a foreign state to obtain, by means of an order of a judge, evidence in respect of conduct that is the subject of the request, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for the order. 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 gathering of evidence. 2002, c. 16, s. 3
Competition Act — C-34 30.11
 within seven days, give to the person designated under paragraph (2)(c), unless that person has already ruled on the objection under paragraph (8)(a), a detailed statement in writing of the reasons on which the person bases the refusal to answer each question that the person refuses to answer or to produce each record or thing that the person refuses to produce. Expenses (10) 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. Contents of order (11) An order made under subsection (1) must state that a person named in the order, and any person who claims an interest in any record or thing provided pursuant to the order, may make representations referred to in subsection 30.13(2) before any order is made under subsection 30.13(1). 2002, c. 16, s. 3
Competition Act — C-34 30.12
Report 30.12 (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. 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. 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. 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
Competition Act — C-34 30.13
Sending abroad 30.13 (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. 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. 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. 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
Competition Act — C-34 30.14
Terms and conditions 30.14 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
Competition Act — C-34 30.15
Approval of request to obtain evidence by video link, etc. 30.15 (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. 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
Competition Act — C-34 30.16
Order for video link, etc. 30.16 (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). 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. Order effective throughout Canada (3) An order made under subsection (1) may be executed anywhere in Canada. 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. Variation (5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. 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
Competition Act — C-34 30.17
Other laws to apply 30.17 (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. 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. 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. 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
Competition Act — C-34 30.18
Arrest warrant 30.18 (1) The judge who made the order under subsection 30.11(1) or 30.16(1) or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath or solemn declaration, that (a) the person did not attend or remain in attendance as required by the order or is about to abscond; (b) the order was personally served on the person; and (c) in the case of an order made under subsection 30.11(1), the person is likely to give material evidence and, in the case of an order made under subsection 30.16(1), the foreign state believes that the testimony of the person would be relevant to the investigation or proceedings in respect of the conduct. Warrant effective throughout Canada (2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer. Order (3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 30.11(1) or 30.16(1), order that the person be detained in custody or issue a release order , as defined in section 2 of the Criminal Code , the form of which may be adapted to suit the circumstances. Copy of information (4) A person who is arrested in execution of a warrant issued under subsection (1) is entitled to receive, on request, a copy of the information on which the warrant was issued. 2002, c. 16, s. 3 2019, c. 25, s. 387
Competition Act — C-34 30.19
Approval of loan request 30.19 (1) If the Minister of Justice approves a request of a foreign state under an agreement to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada or in a proceeding before the Tribunal lent to the foreign state, the Minister shall provide the Commissioner with any documents or information necessary to apply for a loan order. Application for loan order (2) The Commissioner or the authorized representative of the Commissioner shall apply for a loan order in respect of the exhibit to the court that has possession of the exhibit, or to the Tribunal if it has possession of the exhibit, after having given reasonable notice to the parties to the proceedings and to (a) to the Attorney General of Canada, in the case of an application to the Federal Court or the Federal Court of Appeal; (b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court or the Federal Court of Appeal; or (c) the Chairman of the Tribunal, in the case of an application to the Tribunal. Contents of application (3) An application made under subsection (2) must (a) contain a description of the exhibit requested to be lent; (b) designate a person or class of persons to whom the exhibit is sought to be given; (c) state the reasons for the request and, if any tests are sought to be performed on the exhibit, contain a description of the tests and a statement of the place where they will be performed; (d) state the place or places to which the exhibit is sought to be removed; and (e) specify the time at or before which the exhibit is to be returned. 2002, c. 8, s. 198, c. 16, s. 3
Competition Act — C-34 30.2
Making of loan order 30.2 (1) If the court or the Tribunal, as the case may be, is satisfied that the foreign state has requested the loan for a fixed period and has agreed to comply with the terms and conditions that the court or Tribunal proposes to include in any loan order, the court or Tribunal may, after having considered any representations of the persons to whom notice of the application was given in accordance with subsection 30.19(2), make a loan order. Terms of loan order (2) A loan order made under subsection (1) must (a) contain a description of the exhibit; (b) order the person who has possession of the exhibit to give it to a person designated in the order or who is a member of a class of persons so designated; (c) contain a description of any tests authorized to be performed on the exhibit, as well as a statement of the place where the tests must be performed; (d) fix the place or places to which the exhibit may be removed; and (e) fix the time at or before which the exhibit must be returned. Terms and conditions (3) A loan order made under subsection (1) may include any terms or conditions that the court or the Tribunal considers desirable, including those relating to the preservation of the exhibit. 2002, c. 16, s. 3
Competition Act — C-34 30.21
Variation of loan order 30.21 A court or the Tribunal may vary the terms and conditions of any loan order made by it. 2002, c. 16, s. 3
Competition Act — C-34 30.22
Copy of order to custodian 30.22 A copy of a loan order and of an order varying it shall be delivered by the Commissioner to the Minister of Justice and to the person who had possession of the exhibit when the loan order was made. 2002, c. 16, s. 3
Competition Act — C-34 30.23
Presumption of continuity 30.23 The burden of proving that an exhibit lent to a foreign state pursuant to a loan order made under subsection 30.2(1) and returned to Canada is not in the same condition as it was when the loan order was made or that it was tampered with after the loan order was made is on the party who makes that allegation and, in the absence of that proof, the exhibit is deemed to have been continuously in the possession of the court that made the loan order or the Tribunal, as the case may be. 2002, c. 16, s. 3
Competition Act — C-34 30.24
Appeal on question of law 30.24 (1) An appeal lies, with leave, on a question of law alone, to the court of appeal, within the meaning of section 2 of the Criminal Code , from an order or decision of a judge or a court in Canada made under this Part, other than an order or decision of the Federal Court or a judge of that Court, if the application for leave to appeal is made to a judge of the court of appeal within fifteen days after the order or decision. Appeal on question of law (2) An appeal lies, with leave, on a question of law alone, to the Federal Court of Appeal, from any order or decision of the Federal Court or the Tribunal made under this Part, if the application for leave to appeal is made to a judge of that Court within fifteen days after the order or decision. 2002, c. 8, s. 198, c. 16, s. 3
Competition Act — C-34 30.25
Evidence 30.25 The Minister of Justice shall, on receiving evidence sent by a foreign state in response to a request made by Canada under an agreement, send it promptly to the Commissioner. 2002, c. 16, s. 3