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

Marginal note:Foreign things

30.27 In a proceeding in respect of which Parliament has jurisdiction, a thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a foreign state as to the identity and possession of the thing from the time it was obtained until its sending to the Commissioner by the Minister of Justice in accordance with a Canadian request under an agreement, are not inadmissible in evidence by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion.

Marginal note:Status of certificate

30.28 An affidavit, certificate or other statement mentioned in section 30.26 or 30.27 is, in the absence of evidence to the contrary, proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Confidentiality of foreign requests and evidence

• 30.29 (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 for the purposes of the administration or enforcement of this Act,

  • (a) the contents of a request made to Canada from a foreign state or the fact of the request having been made; or

  • (b) the contents of any record or thing obtained from a foreign state pursuant to a Canadian request.

• Marginal note:Confidentiality of Canadian evidence

  (2) 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, any information obtained under section 30.06 or 30.11.

• Marginal note:Exception

  (3) This section does not apply in respect of any information that has been made public.

Marginal note:Records or other things already in Commissioner’s possession

• 30.291 (1) For greater certainty, any evidence requested by a foreign state under an agreement may be obtained for the purposes of giving effect to the request only in accordance with the agreement and the procedure set out in this Part, even in the case of records or other things already in the possession of the Commissioner.

• Marginal note: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.