We support the revision proposed in the November 20 motion granting the Finance Committee the power to expand the Bill to “allow the Competition Bureau to conduct market study inquiries if it is either directed by the Minister responsible for the Act or recommended by the Commissioner of Competition and require consultation between the two officials prior to the study being commenced”. [...] The CBA Section recommends that the time extension power be amended to give market participants certainty on the maximum duration of the inquiry: Extension (6) The Minister may extend the specified period for a maximum of two periods of up to three months upon receipt of a request from the Commissioner setting out the reasons why additional time is necessary to complete the inquiry. [...] The new version mirrors the current version of section 11(1) except for the removal of the ex parte nature of the application (differences highlighted below) and the explicit requirement that notice be given to the persons against whom the section 11 order is sought (see the proposed addition of section 11(6)). [...] (4) Any person whose conduct is being inquired into at an examination pursuant to an order under paragraph 11(1)(a) or (1.1)(a) and that person’s counsel are entitled to attend the examination unless the Commissioner or the authorized representative of the Commissioner, or the person being examined or his employer, establishes to the satisfaction of the presiding officer that the presence of the p. [...] The new version mirrors the current version of section 11(1) except for the removal of the ex parte nature of the application and the explicit requirement that notice be given to the persons against whom the section 11 order is sought.
Authors
Related Organizations
- Pages
- 30
- Published in
- Canada