Certificate

(DOC; 28.1 KB; 2 Pages)

• Pursuant to sections 116 and 118 of the Competition Act, R.S.C. 1985, c.C-34, as amended (the "Act");
• In the matter of the [insert a description of the proposed transaction] (the "Proposed Transaction"); and
• In the matter of the information supplied by [insert name of party] to the Commissioner of Competition (the "Commissioner") pursuant to 114(1) of the Act on [insert date] in respect of the Proposed Transaction (the "Notification");

I, [name of person], of the City of [name of city], in the Province of [name of province], make oath and swear (or solemnly affirm and declare) as follows:

1. I am [position title] of [name of Company]. I have knowledge of the matters set out herein and am duly authorized to execute this certificate.

   [Note: Where information required by subsection 114(1) is not being supplied on the basis of subsection 116(1), 116(2) or 116(2.1), include the following applicable paragraphs. Please refer to appropriate section or subsection of the Notification when describing the information that has not been supplied.]

2. Pursuant to subsection 116(1) of the Act, the following information has not been supplied for the following reasons:
   1. with respect to section [ ] of the Notification, information relating to [insert description of omitted information] cannot be supplied because [it is not known or not reasonably obtainable, of the privilege that exists in respect of lawyers and notaries and their clients, or it cannot be obtained without breaching a confidentiality requirement established by law — indicate which circumstance applies and the reason why information has not been supplied];
   2. with respect to section [ ] of the Notification, etc.
3. Pursuant to subsection 116(2) of the Act, the following information has not been supplied and could not be considered relevant for the following reasons:
   1. with respect to section [ ] of the Notification, information relating to [insert description of omitted information] has not been supplied because it could not, on any reasonable basis, be considered to be relevant to an assessment by the Commissioner as to whether the Proposed Transaction would or would be likely to prevent or lessen competition substantially because [insert reason why the information was not considered relevant];
   2. with respect to section [ ] of the Notification, etc.
4. Pursuant to subsection 116(2.1) of the Act, the following information has not been supplied at this time and was previously supplied at the following time(s):
   1. with respect to section [ ] of the Notification, information relating to [insert description of omitted information] has not been supplied because it has previously been supplied [insert details of when and the matters in respect of which the information was previously supplied];
   2. with respect to section [ ] of the Notification, etc.
5. In accordance with section 118 of the Act, I have examined the information contained in the Notification which is being supplied to the Commissioner under subsection 114(1) of the Act and hereby certify that [if information has not been supplied pursuant to section 116 insert ", except as described above,"] the information so supplied is, to the best of my knowledge and belief, correct and complete in all material respects and the records supplied are certified true copies of the original records.

   SWORN BEFORE ME,
   [or SOLEMNLY AFFIRMED BEFORE ME],
   at the City of [name of city],
   in the Province of [name of province],
   this [number] day of [month], [year].
   

   
   A Commissioner, etc.

   
   [NAME]