Section 30.16 — Competition Act: Order for video link, etc.

A judge to whom an application is made under subsection 30.15(2) may make an order for the taking of evidence or a statement from a person where the judge is satisfied that there are reasonable grounds to believe that conduct that is the subject of a request made by a foreign state is taking place, has taken place or is about to take place; and the foreign state believes that the person’s evidence or statement would be relevant to the investigation or proceedings in respect of the conduct referred to in paragraph (a). An order made under subsection (1) shall order the person to attend at the place fixed by the judge for the taking of the evidence or statement by means of the technology and to remain in attendance until the person is excused by the authorities of the foreign state; to answer any questions put to the person by the authorities of the foreign state or by any person authorized by those authorities; to make a copy of a record or to make a record from data and to bring the copy or record, when appropriate;

and to bring any record or thing in his or her possession or control, when appropriate, in order to show it to the authorities by means of the technology. An order made under subsection (1) may be executed anywhere in Canada. An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of the person named in it and of third parties. The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order.