Marginal note:Definitions

30. The definitions in this section apply in this Part.

“agreement”

« accord »

“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.

“conduct”

« comportement »

“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.

“data”

« données »

“data” means representations, in any form, of information or concepts.

“foreign state”

« État étranger »

“foreign state” means a country other than Canada, and includes any international organization of states.

“judge”

« juge »

“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, Newfoundland, 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 Prince Edward Island, a judge of the trial division of the Supreme Court; and

• (f) in any province or territory, a judge of the Federal Court.

Marginal note: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;

• (d) the agreement 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) that any record or thing provided by Canada will be used only for the purpose for which it was requested,

  • (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 subparagraph (ii), 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.