Competition Act

Marginal note:Communication to Minister of Finance

• 29.2 (1) Notwithstanding subsection 29(1), the Commissioner may, if requested to do so by the Minister of Finance in accordance with subsection (3), communicate or allow to be communicated to the Minister of Finance any information referred to in subsection (2) that is specifically requested by the Minister of Finance.

• Marginal note:Information

  (2) The information that may be communicated under this section is

  • (a) the identity of any person from whom information was obtained under this Act;

  • (b) any information obtained in the course of an inquiry under section 10 or 10.1;

  • (c) any information obtained under section 11, 15, 16 or 114;

  • (d) any information obtained from a person requesting a certificate under section 102;

  • (e) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and

  • (f) any information collected, received or generated by or on behalf of the Commissioner, including compilations and analyses.

• Marginal note:Contents of request

  (3) Requests under this section must be in writing and must

  • (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required;

  • (b) state that the Minister of Finance requires the information

    • (i) to consider a merger or proposed merger under the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act, or

    • (ii) to permit the Minister of Finance to determine whether he or she should provide the Commissioner with a certificate described in paragraph 94(b) in respect of such a merger or proposed merger;

    and

  • (c) identify the merger or proposed merger.

• Marginal note:Restriction

  (4) The information communicated under subsection (1) may be used only for the purpose of making a decision in respect of the merger or proposed merger.

• Marginal note:Confidentiality

  (5) No person who performs or has performed duties or functions, in the administration or enforcement of the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to other persons who perform those duties or functions.