Section 12 — Competition Act: Witness competent and compellable

Any person summoned to attend pursuant to paragraph 11(1)(a) is competent and may be compelled to give evidence. Every person summoned to attend pursuant to paragraph 11(1)(a) is entitled to the like fees and allowances for so doing as if summoned to attend before a superior court of the province in which the person is summoned to attend. A presiding officer shall permit a person who is being examined pursuant to an order under paragraph 11(1)(a) and any person whose conduct is being inquired into to be represented by counsel. Any person whose conduct is being inquired into at an examination pursuant to an order under paragraph 11(1)(a) and that person’s counsel are entitled to attend the examination unless the Commissioner or the authorized representative of the Commissioner, or the person being examined or his employer, establishes to the satisfaction of the presiding officer that the presence of the person whose conduct is being inquired into would be prejudicial to the effective conduct of the examination or the inquiry; or result in the disclosure of confidential commercial information that relates to the business of the person being examined or his employer.