Protocol Concerning Non-Adjudicative Interactions between the Commissioner of Competition and the Competition Tribunal

June 20, 2017

  1. The Commissioner of Competition (the "Commissioner") is responsible for the administration and enforcement of the Competition Act and carries out such responsibilities and related investigations independently with the support of Competition Bureau (the "Bureau") staff.
  2. The Competition Tribunal (the "Tribunal") has jurisdiction to hear and dispose of all applications made under parts VII.1 and VIII of the Competition Act and any related matters. It also hears references filed pursuant to section 124.2 of the Competition Act. It is strictly an adjudicative body that operates independently and at arm’s length from the Government of Canada, its departments and the Commissioner.
  3. The Commissioner and Tribunal (the "Parties") acknowledge that on occasion the Commissioner and Bureau staff will interact with Tribunal members at various events, conferences and meetings, that relate to, inter alia, domestic or international competition law, policy or procedure. Recognizing the Parties’ coinciding interests in attending such events, while also protecting the Parties’ independence and impartiality, the purpose of this Protocol is to set out how the Parties will interact with each other in these non‑adjudicative settings.
  4. At all times, the Parties will strive to ensure that any interactions will not create potential or future conflicts of interest, or undermine the public perception of the Parties’ independence and impartiality.
  5. Where the Parties interact in non‑adjudicative settings, they will not discuss any substantive or procedural issues relating to current or potential litigation before the Tribunal.
  6. In preparation for, or following an event, the Commissioner, Bureau staff, or Tribunal members may brief each other in regard to background matters and outcomes of such events. Such briefings will not contain any non‑public information regarding current or potential litigation before the Tribunal.
  7. The Parties will bear their own costs and expenses for attendance at any such events, conferences or meetings.
  8. Nothing in this Protocol abrogates or derogates from any power, duty or function of the Parties.
  9. The Parties will disseminate this Protocol throughout their respective organizations and post on their websites so that the appropriate officials, including counsel who represent parties who appear before the Tribunal from time to time, are aware of the principles it establishes and the resolve of the Parties to achieve its purpose.
  10. This Protocol will be in effect from the date of signing. Either Party may terminate this Protocol by providing written notice to the other Party at least 30 days in advance. The Protocol may be amended by mutual written agreement of the Parties.

Signed in Ottawa the space to insert date of May, 2017.

Mr. Justice Denis Gascon
Competition Tribunal
Mr. John Pecman
Commissioner of Competition
Competition Bureau