Competition Bureau Publishes Information Bulletin On Sections 15 And 16 Of The Competition Act

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On April 25, 2008, the Bureau published its Information Bulletin on Sections 15 and 16 of the Competition Act (the Bulletin).
Canada Antitrust/Competition Law

Copyright 2008, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Competition Law May, 2008

On April 25, 2008, the Bureau published its Information Bulletin on Sections 15 and 16 of the Competition Act (the Bulletin). The publication of the Bulletin followed a public consultation on a draft version of the document in 2007. The Bulletin outlines the Bureau's practices and policies regarding the search and seizure provisions of the Competition Act.

Under section 15 of the Competition Act, the Commissioner of Competition (the Commissioner) may apply ex parte to a judge of a superior or county court of a province to obtain a warrant to search premises and seize any records or things. In order to obtain a search warrant, the Commissioner must satisfy the court that there exists a basis for an inquiry under the Competition Act and that there are reasonable grounds to believe that the relevant evidence is on the premises to be searched. Section 16 of the Competition Act further allows for computer searches and the reproduction and seizure of any records or data found.

The Bulletin states that executing a search warrant, the so-called "dawn raid", is one of the Bureau's most effective investigative tools. The Bulletin provides an overview of some of the issues that may arise prior to, during, and following the execution of a search warrant, as follows:

  • When applying for a search warrant, the Commissioner will seek a sealing order where there are sufficient grounds to believe that disclosure would subvert the ends of justice or unduly impair its proper administration.


  • While the Competition Act provides that a search warrant may be executed between 6:00 a.m. and 9:00 p.m., in general, a search is conducted during normal business hours.

  • The "leader" of the team conducting the search may accommodate a request to delay a search for a reasonable period of time until the arrival of a senior corporate official and/or legal counsel.

  • Where there is reason to believe that privileged records are located in certain areas of the premises to be searched, the search team will avoid searching those areas without first providing legal counsel with the opportunity to review the records for solicitor-client privilege claims.

  • Members of the search team will speak to persons found on the premises in order to facilitate the search process. However, in situations where an individual is considered a target of an inquiry, that person will be cautioned to ensure that he or she is aware of his or her legal rights.

  • Requests for the copying of essential work records are normally granted by the Commissioner.

  • If during the execution of a search warrant, the search team comes across records indicating evidence of a new violation of the Competition Act, the team may seize records not described in the search warrant if they are in plain view or if there is reason to believe the records might be destroyed during the time it would take to obtain a new search warrant.

  • Attempts to impede and/or prevent the execution of a search warrant or to remove or destroy records subject to a search warrant are offences under the Competition Act and will be taken very seriously by the Commissioner.

  • Generally, true copies of any records seized pursuant to a search warrant will be made by the Bureau and the originals will be returned to the person from whom they were seized.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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