Memorandum of Understanding between the Spectrum and Telecommunications Sector of Innovation, Science and Economic Development Canada and the Commissioner of Competition of the Competition Bureau
April 3, 2018
The Spectrum and Telecommunications Sector ("STS") of Innovation, Science and Economic Development Canada ("ISED") and the Competition Bureau (the "Bureau") wish to acknowledge their important relationship and to recognize that cooperation can contribute to improved delivery of each of STS’s and the Bureau’s (collectively, the "Participants") mandates.
Under the Radiocommunication Act, the Minister of ISED has authority over the development and efficient operation of radiocommunication in Canada, including the authority to issue, and fix and amend conditions of licence for, spectrum licences. STS administers spectrum in Canada, and develops policies for spectrum utilization and ensuring effective management of the radio frequency spectrum resource. STS has expertise with regard to spectrum management policy, practices, technologies and trends.
The Bureau is an independent law enforcement agency that ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace. Headed by the Commissioner of Competition, the Bureau is responsible for the administration and enforcement of the Competition Act (the "CA"), the Consumer Packaging and Labelling Act (except for enforcement as it relates to food), the Textile Labelling Act, and the Precious Metals Marking Act.
Each Participant plays an important role in fostering innovation and competition for the benefit of Canadian consumers and the Canadian economy. The Participants establish this Memorandum of Understanding ("MOU") to enhance their mutual interests and to develop a framework for cooperation to assist in the delivery of their mandates. To achieve the purpose of this MOU, each Participant will promote the benefits of, and encourage cooperation with, the other Participant throughout all levels of its organization.
Subject to their discretion and their respective confidentiality obligations, the Participants will:
- notify each other with respect to a review or process under the CA, the Department of Industry Act, the Telecommunications Act or the Radiocommunication Act that is materially relevant to the other Participant;
- share information regarding spectrum-related transaction reviews with a view to enabling a timely and efficient assessment of transactions under each Participant’s respective mandate, including timing and other procedural information related to such transactions;
- exchange relevant information and intelligence in areas of mutual interest related to the laws the Participants administer and/or enforce;
- consider and implement any appropriate opportunities for collaboration between the Participants in terms of training, staff development or staff exchanges, to increase expertise in areas of mutual interest; and
- meet periodically to discuss the items enumerated above and to explore further opportunities for cooperation and collaboration.
The Participants will not exchange information if doing so would contravene any relevant legislation, international instrument, policy or guidance document. Each Participant will maintain the confidentiality of any information obtained from the other and will notify the other should it receive a request from a third party for disclosure of such information. Neither Participant will disclose any confidential information obtained from the other Participant to any third party, without the written consent of the other Participant, except as required by law. Where disclosure is required by law, the Participant required to disclose the confidential information will give notice to and consult with the other Participant on how to protect their interests and the interests of any third party whose information is to be disclosed. The Participant will give this notice as soon as it becomes aware of the disclosure requirement.
This MOU will be in effect from the date of the final signature. Either Participant may terminate this MOU by providing written notice to the other Participant at least 30 days in advance. This MOU may be amended upon the mutual written consent of the Participants.
Coming Into Force and Duration
This MOU will come into force on the date of last signing.
Assistant Deputy Minister
Spectrum and Telecommunications Sector
Commissioner of Competition
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