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Soft law > Procedure

Canada’s Competition Bureau Communication during Inquiries Bulletin

Technical Guidance Documents, Bulletins, 2014

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This Bulletin summarizes when and how the Bureau generally communicates with Parties whose conduct is being inquired into pursuant to section 10 of the Act ("Parties"), industry participants, complainants and the general public after an inquiry has been commenced pursuant to section 10 of the Act (an "Inquiry"). Subsection 10(3) and section 29 of the Act provide the statutory framework that guides the Bureau’s communications with Parties and other stakeholders during an inquiry. Subsection 10(3) requires that all inquiries be conducted in private. Section 29 imposes obligations on persons performing duties in the administration or enforcement of the Act, subject to certain exceptions. The preservation of enforcement discretion and legal privileges that apply to the Bureau’s work are very important to ensure that inquiries are informed by all relevant sources and are approached on a case-by-case basis, taking into consideration the unique set of facts and considerations that apply in each case. The specific facts of a case, situations of ongoing harm, situations that require immediate action, the nature of the information available, the nature of the inquiry and other relevant circumstances may require the Bureau to take a different approach to its communication with Parties and other stakeholders during an inquiry. As such, this document is not a binding statement of how an inquiry will be carried out, or when and how the Bureau will communicate with any particular Party or other stakeholder in any particular case. However, the Bureau will generally endeavour to follow the process described in this Bulletin."

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