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

Marginal note: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).

• Marginal note: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.

• Marginal note:Judicial notice

  (3) Agreements published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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).

• 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.