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

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Act current to 2024-05-28 and last amended on 2023-12-15. Previous Versions

PART IIIMutual Legal Assistance (continued)

Requests Made to Canada from Abroad (continued)

Search and Seizure (continued)

Marginal note:Warrant for entry of premises

  •  (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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Report

  •  (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.

  • Marginal note: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

Marginal note:Sending abroad

  •  (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.

  • Marginal note: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

Marginal note:Terms and conditions

 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

Evidence for Use Abroad

Marginal note:Approval of request to obtain evidence

  •  (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.

  • Marginal note: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

Marginal note:Evidence-gathering order

  •  (1) A judge to whom an application is made under subsection 30.1(2) may make an order for the gathering of evidence 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) there will be found in Canada evidence in respect of the conduct referred to in paragraph (a).

  • Marginal note:Provisions of order

    (2) An order made under subsection (1) must provide for the manner in which the evidence is to be obtained in order to give effect to the request mentioned in subsection 30.1(1) and may

    • (a) order the examination, on oath or otherwise, of a person named in the order, order the person to attend at the place fixed by the person designated under paragraph (c) for the examination and to remain in attendance until he or she is excused by the person so designated, order the person so named, where appropriate, to make a copy of a record or to make a record from data and to bring the copy or record with him or her, and order the person so named to bring with him or her any record or thing in his or her possession or control, in order to produce them to the person before whom the examination takes place;

    • (b) order a person named in the order to make a copy of a record or to make a record from data and to produce the copy or record to the person designated under paragraph (c), order the person to produce any record or thing in his or her possession or control to the person so designated and provide, where appropriate, for any affidavit or certificate that, pursuant to the request, is to accompany any copy, record or thing so produced; and

    • (c) designate a person before whom the examination referred to in paragraph (a) is to take place or to whom the copies, records, things, affidavits and certificates mentioned in paragraph (b) are to be produced.

  • Marginal note:Designation of judge

    (3) For greater certainty, a judge who makes an order under subsection (1) may designate himself or herself or another person, including a judge of a Canadian or foreign court, under paragraph (2)(c).

  • Marginal note:Order effective throughout Canada

    (4) An order made under subsection (1) may be executed anywhere in Canada.

  • Marginal note:Terms and conditions of order

    (5) 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 a person named in the order and of third parties.

  • Marginal note:Variation

    (6) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions.

  • Marginal note:Other laws to apply

    (7) A person named in an order made under subsection (1) shall answer questions and produce records or things to the person designated under paragraph (2)(c) in accordance with the laws of evidence and procedure in the foreign state that presented the request, but may refuse if answering the questions or producing the records or things would disclose information that is protected by the Canadian law of non-disclosure of information or privilege.

  • Marginal note:Execution of order to be completed

    (8) If a person refuses to answer a question or to produce a record or thing, the person designated under paragraph (2)(c)

    • (a) may, if he or she is a judge of a Canadian or foreign court, make immediate rulings on any objections or issues within his or her jurisdiction; or

    • (b) shall, in any other case, continue the examination and ask any other question or request the production of any other record or thing mentioned in the order.

  • Marginal note:Statement of reasons for refusal

    (9) A person named in an order made under subsection (1) who, under subsection (7), refuses to answer one or more questions or to produce certain records or things shall, 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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Report

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Sending abroad

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Terms and conditions

 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

Marginal note:Approval of request to obtain evidence by video link, etc.

  •  (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.

  • Marginal note: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
 

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