GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 16
Operation of computer system 16 (1) A person who is authorized pursuant to subsection 15(1) to search premises for a record may use or cause to be used any computer system on the premises to search any data contained in or available to the computer system, may reproduce the record or cause it to be reproduced from the data in the form of a printout or other intelligible output and may seize the printout or other output for examination or copying. Duty of person in control of computer system (2) Every person who is in possession or control of any premises in respect of which a warrant is issued under subsection 15(1) shall, on presentation of the warrant, permit any person named in the warrant to use or cause to be used any computer system or part thereof on the premises to search any data contained in or available to the computer system for data from which a record that that person is authorized to search for may be produced, to obtain a physical copy thereof and to seize it. Order restricting operation of computer system (3) A judge who issued a warrant under subsection 15(1) or a judge of the same court may, on application by the Commissioner or any person who is in possession or control of a computer system or a part thereof on any premises in respect of which the warrant was issued, make an order (a) specifying the individuals who may operate the computer system and fixing the times when they may do so; and (b) setting out any other terms and conditions on which the computer system may be operated. Notice by person in possession or control (4) No order may be made under subsection (3) on application by a person who is in possession or control of a computer system or part thereof unless that person has given the Commissioner twenty-four hours notice of the hearing of the application or such shorter notice as the judge considers reasonable. Notice by Commissioner (5) No order may be made under subsection (3) on application by the Commissioner after a search has begun of the premises in respect of which the order is sought unless the Commissioner has given the person who is in possession or control of the premises twenty-four hours notice of the hearing of the application or such shorter notice as the judge considers reasonable. (6) [Repealed, 2010, c. 23, s. 71] R.S., 1985, c. C-34, s. 16; R.S., 1985, c. 19 (2nd Supp.), s. 24; 1999, c. 2, s. 37; 2010, c. 23, s. 71
Competition Act — C-34 17
Presentation of or report on record or thing seized 17 (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). 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. 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
Competition Act — C-34 18
Commissioner to take reasonable care 18 (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. 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. 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. 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. 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
Competition Act — C-34 20
Inspection of records and things 20 (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. 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. 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
Competition Act — C-34 21
Counsel 21 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 or 10.1, 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 2023, c. 31, s. 5
Competition Act — C-34 22
Discontinuance of inquiry 22 (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. 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. 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. 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)
Competition Act — C-34 23
Reference to Attorney General of Canada 23 (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. 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
Competition Act — C-34 24
Regulations 24 (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. 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. 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
Competition Act — C-34 25
Staff 25 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
Competition Act — C-34 26
Remuneration of temporary staff 26 (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. 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. 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)
Competition Act — C-34 27
Authority of technical or special assistants 27 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
Competition Act — C-34 28
Minister may require interim report 28 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
Competition Act — C-34 29
Confidentiality 29 (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. 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
Competition Act — C-34 29.1
Communication to Minister of Transport 29.1 (1) Notwithstanding subsection 29(1), the Commissioner may, if requested to do so by the Minister of Transport in accordance with subsection (3), communicate or allow to be communicated to that Minister any information referred to in subsection (2) that is specifically requested by that Minister. Information (2) The information that may be communicated under this section is (a) the identity of any person from whom information was obtained under this Act; (b) any information obtained in the course of an inquiry under section 10 or 10.1; (c) any information obtained under section 11, 15, 16 or 114; (c.1) any information obtained under any of sections 53.71 to 53.81 of the Canada Transportation Act ; (d) any information obtained from a person requesting a certificate under section 102; (e) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and (f) any information collected, received or generated by or on behalf of the Commissioner, including compilations and analyses. Contents of request (3) Requests under this section must be in writing and must (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; and (b) state that the Minister of Transport requires the information for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81 of the Canada Transportation Act and identify the transaction being considered under that section. Restriction (4) The information communicated under subsection (1) may be used only for the purposes of section 53.1 or 53.2 or any of sections 53.71 to 53.81, as the case may be, of the Canada Transportation Act . Confidentiality (5) No person who performs or has performed duties or functions in the administration or enforcement of the Canada Transportation Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to persons who perform duties or functions under section 53.1 or 53.2 or any of sections 53.71 to 53.81 of that Act. 2000, c. 15, s. 12; 2007, c. 19, s. 61 2018, c. 10, s. 84 2023, c. 31, s. 6
Competition Act — C-34 29.2
Communication to Minister of Finance 29.2 (1) Notwithstanding subsection 29(1), the Commissioner may, if requested to do so by the Minister of Finance in accordance with subsection (3), communicate or allow to be communicated to the Minister of Finance any information referred to in subsection (2) that is specifically requested by the Minister of Finance. Information (2) The information that may be communicated under this section is (a) the identity of any person from whom information was obtained under this Act; (b) any information obtained in the course of an inquiry under section 10 or 10.1; (c) any information obtained under section 11, 15, 16 or 114; (d) any information obtained from a person requesting a certificate under section 102; (e) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and (f) any information collected, received or generated by or on behalf of the Commissioner, including compilations and analyses. Contents of request (3) Requests under this section must be in writing and must (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; (b) state that the Minister of Finance requires the information (i) to consider a merger or proposed merger under the Bank Act , the Cooperative Credit Associations Act , the Insurance Companies Act or the Trust and Loan Companies Act , or (ii) to permit the Minister of Finance to determine whether he or she should provide the Commissioner with a certificate described in paragraph 94(b) in respect of such a merger or proposed merger; and (c) identify the merger or proposed merger. Restriction (4) The information communicated under subsection (1) may be used only for the purpose of making a decision in respect of the merger or proposed merger. Confidentiality (5) No person who performs or has performed duties or functions, in the administration or enforcement of the Bank Act , the Cooperative Credit Associations Act , the Insurance Companies Act or the Trust and Loan Companies Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to other persons who perform those duties or functions. 2001, c. 9, s. 578 2023, c. 31, s. 7
Competition Act — C-34 30
Definitions 30 The definitions in this section apply in this Part. agreement means a treaty, convention or other international agreement to which Canada is a party that provides for mutual legal assistance in competition matters, other than a matter in respect of which the Mutual Legal Assistance in Criminal Matters Act applies. ( accord ) conduct means conduct or matters within the meaning of the relevant agreement in respect of which mutual legal assistance may be requested in accordance with this Part. ( comportement ) data [Repealed, 2014, c. 31, s. 32] foreign state means a country other than Canada, and includes any international organization of states. ( État étranger ) judge means (a) in Ontario, a judge of the Superior Court of Justice; (b) in Quebec, a judge of the Superior Court; (c) in Nova Scotia, British Columbia, Prince Edward Island, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; (d) in New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench; (e) in Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court; and (f) in any province or territory, a judge of the Federal Court. ( juge ) R.S., 1985, c. C-34, s. 30; R.S., 1985, c. 19 (2nd Supp.), s. 26; 2002, c. 7, s. 276(E), c. 8, s. 198, c. 16, s. 3; 2014, c. 31, s. 32; 2015, c. 3, s. 38
Competition Act — C-34
agreement means a treaty, convention or other international agreement to which Canada is a party that provides for mutual legal assistance in competition matters, other than a matter in respect of which the Mutual Legal Assistance in Criminal Matters Act applies. ( accord )
Competition Act — C-34
conduct means conduct or matters within the meaning of the relevant agreement in respect of which mutual legal assistance may be requested in accordance with this Part. ( comportement )
Competition Act — C-34
foreign state means a country other than Canada, and includes any international organization of states. ( État étranger )
Competition Act — C-34 (a)
judge means (a) in Ontario, a judge of the Superior Court of Justice; (b) in Quebec, a judge of the Superior Court; (c) in Nova Scotia, British Columbia, Prince Edward Island, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; (d) in New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench; (e) in Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court; and (f) in any province or territory, a judge of the Federal Court. ( juge )
Competition Act — C-34 30.01
Agreements respecting mutual legal assistance 30.01 Before Canada enters into an agreement, the Minister of Justice must be satisfied that (a) the laws of the foreign state that address conduct that is similar to conduct prohibited or reviewable under this Act are, in his or her opinion, substantially similar to the relevant provisions of this Act, regardless of whether the conduct is dealt with criminally or otherwise; (b) any record or thing provided by Canada under the agreement will be protected by laws respecting confidentiality that are, in his or her opinion, substantially similar to Canadian laws; (c) the agreement contains provisions in respect of (i) the circumstances in which Canada may refuse, in whole or in part, to approve a request, and (ii) the confidentiality protections that will be afforded to any record or thing provided by Canada; (c.1) the agreement contains one of the following undertakings by the foreign state: (i) that any record or thing provided by Canada will be used only for the purpose for which it was requested, or (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters; (d) the agreement also contains the following undertakings by the foreign state, namely, (i) that it will provide assistance to Canada comparable in scope to that provided by Canada, (ii) [Repealed, 2020, c. 1, s. 22] (iii) that any record or thing provided by Canada will be used subject to any terms and conditions on which it was provided, including conditions respecting applicable rights or privileges under Canadian law, (iv) that, at the conclusion of the investigation or proceedings in respect of which any record or thing was provided by Canada, the foreign state will return the record or thing and any copies to Canada or, with the consent of Canada, return the record or thing to Canada and destroy any copies, (v) subject to paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and (vi) that it will promptly notify the Minister of Justice in the event that the confidentiality protections contained in the agreement have been breached; and (e) the agreement contains a provision in respect of the manner in which it may be terminated. 2002, c. 16, s. 3 2020, c. 1, s. 22
Competition Act — C-34 30.02
Publication in Canada Gazette 30.02 (1) An agreement must be published in the Canada Gazette no later than 60 days after the agreement comes into force, unless it has already been published under subsection (2). Publication in Canada Treaty Series (2) An agreement may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after the agreement comes into force. Judicial notice (3) Agreements published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed. 2002, c. 16, s. 3