February 8, 2021
On this page:
- Purpose and governing principles
- Definitions
- Preservation of powers, duties and functions
- Enforcement, cooperation and coordination
- Sharing of resources and information
- Education and awareness
- Financial arrangements
- Information sharing and confidentiality
- Review, audit and investigation
- Amendments
- Communications
- Effective date and termination
- Priority of conventions
Memorandum of Understanding between the Ville de Laval, a legal person established in the public interest (S.Q. 1965, c. 89), having its head office at 1 Place du Souvenir, in Chomedey, Laval, H7V 1W7, herein represented by the mayor and chair of the Executive Committee or the vice-chair of the Executive Committee and the clerk or the assistant clerk, duly authorized by resolution of the Executive Committee number EC-20201111-3455 adopted on November 11, 2020; (hereafter: "Police de Laval") and The Commissioner of Competition (hereafter: "Commissioner") (both parties hereafter: "Participant(s)").
This memorandum of understanding (hereafter "MOU") is entered into by the Participants for the purpose of cooperation, coordination, information sharing, education and awareness.
Whereas the Commissioner and the Police de Laval are Participants in this MOU;
Whereas the Participants wish to acknowledge their important relationship and to recognize that cooperation can help to improve the delivery of their respective mandates;
Whereas certain conspiracies, agreements or arrangements between or among two or more competitors or persons are criminal offences under the Competition Act (R.S.C. (1985), c. C-34);
Whereas certain deceptive marketing practices are criminal offences under the Competition Act;
Whereas the Competition Bureau’s Immunity Program has proven to be its single most powerful means of detecting covert cartel activity and deceptive marketing practices;
Whereas the Bureau d’intégrité et d’éthique de Laval (hereafter "BIEL"), falls under the Police de Laval;
Whereas the BIEL’s mission is to protect the integrity and ethics of the Ville de Laval and its employees by countering collusion, malversation and political interference for partisan purposes and by addressing all other forms of misconduct in the administration and management of public funds;
Whereas the Competition Bureau is responsible for the administration and application of the Competition Act, the Consumer Packaging and Labelling Act (R.S.C. (1985), c. C-38) (except regarding food commodities), the Textile Labelling Act (R.S.C. (1985), c. T-10) and the Precious Metals Marking Act (R.S.C. (1985), c. P-19);
Whereas cooperation and coordination will enhance the effectiveness of the Participants to deliver investigative excellence relating to cartel activity and deceptive marketing practices;
Whereas under subsection 3 of the second paragraph of section 59 of the Act respecting access to documents held by public bodies and the protection of personal information (CQLR, chapter A-2.1), a public body can release personal information without the consent of the person concerned, to a body responsible under law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence against an Act applicable in Quebec;
Whereas under section 67 of the Act respecting access to documents held by public bodies and the protection of personal information, a public body may, without the consent of the person concerned, release personal information to any person or body if the information is necessary for the application of an Act in Quebec, whether or not the law explicitly provides for the release of the information;
Whereas under section 29 of the Competition Act, anyone who performs functions in the administration or enforcement of the Competition Act may communicate information to a Canadian law enforcement agency;
Whereas the Participants will not exchange information if doing so would contravene any relevant legislation, international instrument, policy or guidance document.
Now, therefore, the Participants agree as follows:
1. Purpose and governing principles
1.1 The purpose of this MOU is to promote cooperation and coordination between the Participants in addressing cartel activity and deceptive marketing practices in the territory of the Ville de Laval.
1.2 In order to achieve the purpose of this MOU, areas of collaboration may include among others, the following:
- enforcement activity, cooperation and coordination;
- sharing of resources and information; and
- education and awareness.
2. Definitions
2.1 In this MOU, these terms will have the following definitions:
- "cartel activity" means conduct subject to the criminal provisions in sections 45, 46, 47, 48 and 49 of the Competition Act;
- "deceptive marketing practices" means conduct subject to the criminal provisions in sections 52, 52.01, 52.1, 53, 54, 55 and 55.1 of the Competition Act;
- "enforcement activity" includes an inquiry or investigation conducted by the Commissioner under the Competition Act or by the Police de Laval involving cartel activities or deceptive marketing practices.
3. Preservation of powers, duties and functions
3.1 The Participants have separate powers, duties and functions, and each recognizes the other’s independence in exercising its respective powers, duties and functions.
3.2. Nothing in this MOU abrogates or derogates from any power, duty, or operational decision-making function of the Commissioner or of the Police de Laval.
4. Enforcement, cooperation and coordination
4.1. The Participants will consult each other on matters of mutual interest whenever the need arises. As part of this consultation process, the Participants agree to the following:
- coordinate their enforcement efforts where the Participants consider it is appropriate to do so, given each organization’s responsibilities to administer and enforce its applicable legislation;
- collaborate to minimize potential adverse effects of one Participant’s enforcement activities on the other Participant’s enforcement interests;
- provide support, upon request, for each other’s enforcement activities, where appropriate and when resources are available; and
- meet annually (or more frequently, as necessary) to explore further opportunities for cooperation and coordination.
5. Sharing of resources and information
5.1. The Participants will share resources and information, subject to section 8 of the MOU and applicable legislation. More specifically, the Participants will:
- collaborate and coordinate resources and exchange information in order to increase expertise in areas of mutual interest; and
- share information related to enforcement activity in areas of mutual interest.
6. Education and awareness
6.1. Education and awareness enhance the ability of the Participants to achieve their goals of preserving and promoting the benefits of fair, efficient and competitive markets. The Participants will provide outreach activities through education and awareness programs aimed at educating the organizations and individuals concerned on how to detect and prevent integrity breaches and violations of the applicable rules for awarding and delivering contracts, particularly with regard to activities under the BIEL’s jurisdiction.
7. Financial arrangements
7.1. The Participants will bear their own costs in carrying out their obligations under this MOU.
7.2. If one Participant must be reimbursed for services provided by the other Participant, the Participants will come to an agreement in writing to reimburse these costs related to the services in question on a strict cost recovery basis before the costs are incurred.
8. Information sharing and confidentiality
8.1. Information disclosed
8.1.1. Subject to the protection related to the integrity of its enforcement activities, the Police de Laval will disclose to the Commissioner, upon request, the information necessary to prosecute an offence against an Act applicable in Quebec and required to enforce the Competition Act.
8.1.2. Subject to the protection related to the integrity of its enforcement activities, the Commissioner will disclose to the Police de Laval, upon request, the information in his possession that is required to implement the mandate of the Police de Laval, including the BIEL’s mandate.
8.1.3. The information that may be disclosed includes:
8.1.3.1. The identity of any person from whom information was obtained;
8.1.3.2. All information collected as part of an investigation;
8.1.3.3. All information, including compilations and analyses, collected, received or produced.
8.2. Communication procedures
8.2.1. In order to communicate effectively and disclose only the information that is required to implement their respective mandates, the Participants must provide the following information upon request:
8.2.1.1. The proposed use for this information (purpose);
8.2.1.2. The act or regulation in question (rationale); and
8.2.1.3. The number(s) of the section(s) authorizing the disclosure of the information (legal base(s)).
8.2.2. The individuals identified by the Participants in section 11 will submit a written request to disclose information by specifying the elements set out in section 8.2.1 in the manner agreed upon by the Participants.
8.2.3. The Participant that receives a request retains, at its sole discretion, the right not to respond to it or to respond partially within the limits of the law, insofar as the information that would be disclosed could violate the integrity of its enforcement activities.
8.2.4. The Participant that receives a request and refuses to respond to it under section 8.2.3 will communicate the reasons for its refusal to the other Participant.
8.2.5. The information is transmitted via secure telecommunication using a technology agreed upon by the Participants or by any other secure mean.
8.3. Confidentiality and use of information
8.3.1. Subject to the provisions of the Act respecting access to documents held by public bodies and the protection of personal information, the Competition Act, the Access to Information Act (R.S.C. (1985), c. A-1) and the Privacy Act (R.S.C. (1985), c. P-21), Anti-corruption Act (R.S.C., chapter L-6.1, section 8.8) and all other federal or provincial legislation, information shared between the Participants with respect to this MOU will be treated as confidential.
8.3.2. The Participants will take all reasonable steps to protect and preserve the confidentiality and integrity of the information disclosed between the Participants against unauthorized access and accidental disclosure.
8.3.3. The Participants will limit access to the information to those of its employees whose duties authorize such access, insofar as the information is required to carry out their duties.
8.3.4. Any information shared between the Participants will be used only for the specific purposes for which it was provided and will not be communicated to a third party without the express written consent of the Participant from whom it originated, except in the following cases:
- subject to the circumstances stipulated in section 29 of the Competition Act
- when communication is required by law, in which case the Participant will notify the other as soon as possible upon learning of such requirement in order to enable the latter to take the steps necessary to maintain the confidentiality of the information.
8.3.5. The Participants agree to create and maintain a log listing all the information required to enable the Participants to locate the files for which the information was requested.
8.4. Information management
8.4.1. The information disclosed under this MOU will be administered, maintained, accessed, stored and disposed of in accordance with the law that applies to record retention and personal information and all applicable policies, guidelines and standards.
8.4.2. Each Participant will
- promptly notify the other of any unauthorized use or disclosure of the information exchanged under this MOU and will furnish the other Participant with details of such unauthorized use or disclosure. In the event of such an occurrence, the Participant will take all reasonably necessary steps to prevent a re-occurrence and minimize the impact of the disclosure;
- immediately notify the other Participant if either receives a request under the Act respecting access to documents held by public bodies and the protection of personal information, the Privacy Act, the Access to Information Act, or other lawful authority, for information provided under this MOU. If requested, the Participant will endeavour to protect the information from disclosure to the extent permitted by law; and
- promptly return any information that should not have been provided to it by the other Participant.
8.5. Information accuracy
Each Participant will:
8.5.1. make every possible effort to verify the accuracy and completeness of the information provided to the other Participant;
8.5.2. promptly notify the other Participant if it learns that inaccurate or potentially unreliable information may have been provided or received and take all reasonable remedial steps to correct the situation.
The Participants may not be held accountable for damages resulting from the disclosure or use of inaccurate or incomplete information.
9. Review, audit and investigation
9.1. The Participants will evaluate the effectiveness of their activities under this MOU annually, commencing with the first anniversary of its coming into effect.
9.2. The Participants agree to take part in all investigations or verifications related to the confidentiality of the information disclosed.
10. Amendments
10.1. The Participants may amend this MOU, provided such amendments are signed, witnessed and dated by individuals capable of binding each Participant and subject to necessary approvals. Amendments take effect on the last date on which they were signed.
11. Communications
11.1. The Participants will be represented publicly in communications related to this MOU by the following designated officials or their delegates:
For the Police de Laval
Directeur – Service de Police de la Ville de Laval
For the Commissioner
Deputy Commissioner of Competition
Cartels Directorate
Cartels and Deceptive Marketing Practices Branch
and
Deputy Commissioner of Competition
Deceptive Marketing Practices Directorate
Cartels and Deceptive Marketing Practices Branch
12. Effective date and termination
12.1. This MOU will come into effect on the date of the last signature.
12.2. This MOU is in effect for a period of five years.
12.3. Following that period, this MOU will be renewed automatically for an additional five years with the same terms and conditions, unless either Participant sends a written notice to the other at least thirty (30) days before its expiry date, indicating its intention not to renew the MOU.
12.4. Either Participant may terminate this MOU at any time with 30 days’ written notice to the other Participant.
12.5. The provisions regarding the protection of information remain in effect despite the termination of this MOU.
13. Priority of conventions
13.1 In the event of a discrepancy between the French and the English version of this agreement, the French version shall prevail.
In witness whereof, this MOU was signed in duplicate, each copy being equally authentic.
For the Police de Laval
Mayor or
Vice-chair of the Executive Committee
Date: February 8, 2021
Clerk or
Assistant clerk
Date: February 8, 2021
For the Commissioner
Stéphane Lamoureux
Senior Deputy Commissioner, Competition Bureau
Date: February 8, 2021