Court Clarifies Requirements For Production Orders Under Canada’s Competition Act

Court affirms limits on Competition Bureau’s power to compel production

The Commissioner of Competition (Commissioner), as head of Canada’s Competition Bureau (Bureau), may conduct inquiries where there is reason to believe that someone has engaged in conduct that is either illegal or reviewable under the Competition Act (Act). The Commissioner may also conduct inquiries into the state of competition in a market or industry whether or not the Commissioner believes that any sanctionable conduct may have occurred (see our earlier bulletin). Pursuant to such inquiries, the Commissioner may obtain court orders to compel production of records and information. Indeed, the Commissioner is obtaining such orders more frequently – obtaining over 30 orders in 2024-25 compared with only six in the prior two-year period.