Immunity Program: Frequently Asked Questions - Competition Bureau. This document does not provide legal advice. Readers should refer to the Competition Act (Act) when questions of law arise and obtain legal advice if necessary.
The Bureau may choose to depart from the approach set out in this document in exceptional circumstances. This document applies to conduct that has already occurred. A party wishing to seek a binding written opinion from the Commissioner of Competition (Commissioner) on the applicability of the Actto proposedbusiness conduct may do so under section 1.
Act. 1. Step 1: Requesting an Immunity Marker. Q1 — What is an immunity marker? An “immunity marker” is the confirmation given to an immunity applicant (Applicant) that it is the first party to approach the Competition Bureau requesting a recommendation of immunity with respect to criminal anti. The immunity marker guarantees the Applicant’s place at the front of the line, subject to the Applicant meeting all of the other criteria of the Immunity Program.
Exceptional Access Program Frequently Requested Nipa
Exceptional Access Program. Ministry of Health & Long Term Care: EAP Reimbursement Criteria for Frequently Requested Drugs (PDF) Ocular Inflammatory Disease/Uveitis. Reimbursement criteria for frequently requested drugs and.
Once an immunity marker is granted, the Applicant has a limited period of time, usually 3. Bureau with a detailed statement describing the illegal activity, its effects in Canada and the supporting evidence. This statement is known as a “proffer” and is described in more detail in the responses to questions 1. Q2 — For what offences is an immunity marker available? An Applicant may request an immunity marker for anti. Offences described in sections 4.
Act, including conspiracy (sections 4. Criminal Matters Branch. False or misleading representations and deceptive marketing practices (sections 5. Fair Business Practices Branch. An Applicant may also request an immunity marker for such offences when liability arises from aiding or abetting any of these offences contrary to section 2. Criminal Code or counselling any of these offences contrary to section 2.
Criminal Code. As set out in paragraph 1. Immunity Bulletin and in the response to question 9 below, the Commissioner will recommend that immunity be granted to the first party to disclose to the Bureau an offence not yet detected or to provide evidence leading to a referral of evidence to the Public Prosecution Service of Canada (PPSC). Accordingly, only one immunity marker will be granted for each offence, regardless of whether liability arises directly from the Act or through the application of section 2. Criminal Code. Q3 — Can a party request an immunity marker for an offence of obstruction or destruction of records or other things?
No. An immunity marker is not available for obstruction, for destruction of records or other things (collectively records), or for any offence under the Act other than those described in response to question 2 above. Instances of obstruction arising in relation to activity for which immunity is sought should be brought to the attention of the Bureau as soon as possible.
If an Applicant or any of the individuals within the scope of the Applicant’s immunity application engage in obstruction after requesting immunity, they risk expulsion from the Immunity Program and prosecution for both obstruction and the offence for which immunity was sought. Whether they will be expelled from the Immunity Program will be determined on a case- by- case basis having regard to all of the circumstances in question. Q4 — Who can request an immunity marker? An individual or an organization 2 can request an immunity marker.
Typically, an Applicant’s counsel makes the contact with the Bureau. Q5 — Can an Applicant tell others about its immunity marker request or immunity application? As set out in paragraph 1. Immunity Bulletin, the Bureau requires that Applicants keep immunity applications confidential. Confidentiality helps to ensure that the integrity of the Bureau’s investigation is maintained, that evidence is not destroyed, and that targets of the investigation do not become prematurely aware of investigative steps. An Applicant shall not disclose its application for an immunity marker and subsequent immunity, or any related information, to a third party, other than its counsel or agencies in foreign jurisdictions to which the Applicant has made similar applications for immunity or leniency, unless consent is first obtained from the Bureau. Depending on the circumstances, the Bureau may ask that the Applicant also obtain the consent of the PPSC.
The only exceptions to obtaining consent occur if the application is public, or if the Applicant is required by law to disclose the information, whether in Canada or elsewhere. An Applicant that believes that disclosure is required by law must give notice to the Bureau as soon as practicable after becoming aware of the disclosure requirement and consult with the Bureau on how to protect the interests of the Bureau’s investigation in light of the disclosure requirement. An Applicant must advise the Bureau as soon as practicable of the identity of all third parties, other than its counsel, to whom its application for immunity has been disclosed, including the agencies in all foreign jurisdictions to which the Applicant has made similar applications for immunity or leniency. If an Applicant or any of the individuals within the scope of the Applicant’s immunity application disclose the Applicant’s immunity application before obtaining consent or otherwise notifying the Bureau, they risk expulsion from the Immunity Program and prosecution for the offence for which immunity was sought.
Whether they will be expelled from the Immunity Program will be determined on a case- by- case basis having regard to all of the circumstances in question. Q6 — Are joint requests for immunity markers, and subsequent immunity, accepted? The Bureau may make an exception, for example, in the case of a joint request from companies that are affiliated, as defined in subsection 2(2) of the Act. Q7 — Who should a party contact to request an immunity marker? Immunity markers are granted by either the Senior Deputy Commissioner of Competition, Criminal Matters Branch (SDC) or the Deputy Commissioner of Competition, Fair Business Practices Branch (DC). The response to question 2 above describes the offences that are handled by each branch.
Exceptional Access Program: Criteria. List of frequently requested EAP drugs.
- Eculizumab chemo billing. EAP Reimbursement Criteria for Frequently Requested Drugs. Exceptional Access Program (EAP).
- Receiving Ontario Disability Support Program payments (ODSP. Limited number of prescription medications are available under the Exceptional Access Program.
- Website; see Exceptional Access Program Reimbursement Criteria, EAP. EAP Criteria Frequently Requested Drugs (document opens in a pdf format).
- Ministry of Health and Long-term Care Exceptional Access Program (EAP) EAP Reimbursement Criteria for Frequently Requested Drugs Updated: August 1.
- Summary of DADS Exceptional Items Request 84 th. DADS requested $21.1 million in General.
- This document supplements the Leniency Program. Leniency Program: Frequently Asked.
- EAP Criteria for Frequently Requested Drugs. Ministry of Health and Long -term Care Exceptional Access Program (EAP).
Contact information is provided in Part I of the Immunity Bulletin. Applicants cannot rely on any alternative contact, for example, with a Bureau officer or other Bureau employee, in respect of its application to obtain an immunity marker. It is recommended that immunity marker requests be made by telephone and that the Applicant clearly state that it is making an immunity marker call. The Applicant should ensure that all information is clearly stated and that it and the SDC or DC are in agreement that an immunity marker has been requested, on the date and time of the request and on the description of the relevant product or business interest. As soon as possible following the request, usually within a few days, the SDC or DC will advise the Applicant whether the requested immunity marker is available to the Applicant. Q8 — Does the PPSC grant immunity markers? No. The PPSC does not accept immunity marker calls or grant immunity markers to Applicants.
Applicants cannot rely on contact with the PPSC to establish an immunity marker. Immunity markers are granted only by the SDC or DC. Q9 — Why is it important to be “first- in”? The Bureau will grant an immunity marker, with respect to particular conduct, only to the first party to request immunity. Subsequent Applicants may seek a leniency marker under the Bureau’s Leniency Program, but will not be eligible for a recommendation of immunity by the Bureau to the PPSC, unless the first- in party ultimately does not qualify for immunity. It is the Bureau’s view that maintaining the first- in approach encourages parties to apply for immunity as soon as possible and not wait for their co- offenders before reporting illegal activity to the Bureau. Parties should come forward as soon as they believe they are implicated in an offence to ensure their status as first- in to qualify for immunity.
Q1. 0 — If a party is unsure that an offence has been committed, or what products are involved, should it request an immunity marker anyway? Yes. Since time is of the essence, the Bureau encourages individuals and organizations to come forward and request an immunity marker as soon as they believe they may be implicated in an offence. If an Applicant later determines that it was not involved in an offence, it should notify the SDC or DC and withdraw its immunity marker. Where an Applicant’s proffer provides insufficient information that it committed an offence, the Bureau will make no recommendation to the PPSC as to a grant of immunity and will request that the Applicant withdraw its immunity marker. In the event that the Applicant does not withdraw its immunity marker, the immunity marker will be cancelled by the SDC or DC following a minimum of 1. Applicant. Q1. 1 — Should a party request an immunity marker even if it does not sell products directly or indirectly into Canada? A party should request an immunity marker if it believes that it has committed an offence in Canada, regardless of whether it sells products directly or indirectly into Canada.
In this regard, cartel offences can arise, for example, where a party does not sell products into Canada as part of a market allocation agreement contrary to section 4. Act, or where a party agrees not to submit a bid in response to a call or request for bids or tenders contrary to section 4.
Act. Similarly, in the case of deceptive marketing practices, a party should request an immunity marker if it believes that it has, for example, engaged in deceptive telemarketing contrary to section 5. Act that targets consumers located outside Canada from call centres located in Canada. Q1. 2 — How does the Bureau treat immunity markers and recommendations for immunity in the context of investigations that it does not intend to further pursue?