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30.01 Before Canada enters into an agreement, the Minister of Justice must be satisfied that

• (a) the laws of the foreign state that address conduct that is similar to conduct prohibited or reviewable under this Act are, in his or her opinion, substantially similar to the relevant provisions of this Act, regardless of whether the conduct is dealt with criminally or otherwise;

• (b) any record or thing provided by Canada under the agreement will be protected by laws respecting confidentiality that are, in his or her opinion, substantially similar to Canadian laws;

• (c) the agreement contains provisions in respect of

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  • (ii) the confidentiality protections that will be afforded to any record or thing provided by Canada;

• (c.1) the agreement contains one of the following undertakings by the foreign state:

  • (i) that any record or thing provided by Canada will be used only for the purpose for which it was requested, or

  • (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters;

• (d) the agreement also contains the following undertakings by the foreign state, namely,

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  • (iii) that any record or thing provided by Canada will be used subject to any terms and conditions on which it was provided, including conditions respecting applicable rights or privileges under Canadian law,

  • (iv) that, at the conclusion of the investigation or proceedings in respect of which any record or thing was provided by Canada, the foreign state will return the record or thing and any copies to Canada or, with the consent of Canada, return the record or thing to Canada and destroy any copies,

  • (v) subject to paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and

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Marginal note:Order for oral examination, production or written return

• 11 (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation that an inquiry is being made under section 10 and that a person has or is likely to have information that is relevant to the inquiry, the judge may order the person to

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  • (b) produce to the Commissioner or the authorized representative of the Commissioner within a time and at a place specified in the order, a record, a copy of a record certified by affidavit to be a true copy, or any other thing, specified in the order; or

• Marginal note:Records or information in possession of affiliate

  (2) If the person against whom an order is sought under paragraph (1)(b) or (c) in relation to an inquiry is a corporation and the judge to whom the application is made under subsection (1) is satisfied by information on oath or solemn affirmation that an affiliate of the corporation, whether the affiliate is located in Canada or outside Canada, has or is likely to have records or information relevant to the inquiry, the judge may order the corporation to

  • (a) produce the records; or

• Marginal note:No person excused from complying with order

  (3) No person shall be excused from complying with an order under subsection (1) or (2) on the ground that the testimony, record or other thing or return required of the person may tend to criminate the person or subject him to any proceeding or penalty, but no testimony given by an individual pursuant to an order made under paragraph (1)(a), or return made by an individual pursuant to an order made under paragraph (1)(c), shall be used or received against that individual in any criminal proceedings thereafter instituted against him, other than a prosecution under section 132 or 136 of the Criminal Code.

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Marginal note:Recovery of damages

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• Marginal note:Evidence of prior proceedings

  (2) In any action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under Part VI or convicted of or punished for failure to comply with an order of the Tribunal or another court under this Act is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to a provision of Part VI or failed to comply with an order of the Tribunal or another court under this Act, as the case may be, and any evidence given in those proceedings as to the effect of those acts or omissions on the person bringing the action is evidence thereof in the action.

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• (4) No action may be brought under subsection (1),

  • (a) in the case of an action based on conduct that is contrary to any provision of Part VI, after two years from

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    • (ii) the day on which any criminal proceedings relating thereto were finally disposed of,

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  • (b) in the case of an action based on the failure of any person to comply with an order of the Tribunal or another court, after two years from

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    • (ii) the day on which any criminal proceedings relating thereto were finally disposed of,

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Marginal note:Definitions

• 2 (1) In this Act,

  computer system

  computer system  has the same meaning as in subsection 342.1(2) of the Criminal Code; (ordinateur)

  record

  record means a medium on which information is registered or marked; (document)

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Marginal note:Reference to Attorney General of Canada

• 23 (1) The Commissioner may, at any stage of an inquiry under section 10, in addition to or in lieu of continuing the inquiry, remit any records, returns or evidence to the Attorney General of Canada for consideration as to whether an offence has been or is about to be committed against this Act and for such action as the Attorney General of Canada may wish to take.

• Marginal note:Prosecution by Attorney General of Canada

  (2) The Attorney General of Canada may institute and conduct any prosecution or other criminal proceedings under this Act, and for those purposes may exercise all the powers and perform all the duties and functions conferred by the Criminal Code on the attorney general of a province.

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