This informal guidance option is distinct from the Bureau’s pre-existing, but ineffective, Written Opinions process whereby parties can request, from the Bureau, a binding written opinion on the applicability of the Competition Act (the “Act”) or regulations made thereunder to proposed business conduct for a fee. We are of the opinion that a consumer authorization conveyed by facsimile transmission, properly executed by the consumer, constitutes "written instructions" within the meaning of Section 604(a)(2) of the FCRA. I picked up one of your pamphlets at a recent trade show and am concerned that I or other members of my industry may be engaging in business activity that is in contravention of the Competition Act . Written Opinions are binding on the Commissioner if all the material facts have been submitted, are accurate, and remain substantially unchanged. The Commissioner has the sole discretion to decline to issue a Written Opinion. The Competition Bureau has clarified the application of service standards and fees where a written opinion regarding the applicability of more than one provision of the Competition Act is requested: the longest service standard period will apply, and only one fee will apply for the amount that is the highest of the applicable fees. While not expressly stated, we expect that this COVID team will be providing guidance outside the formal written opinion process set out in section 124.1 of the Competition Act.

A written opinion from the Bureau does not preclude any other law enforcement agency from commencing an investigation. You ask - (1) Can the consumer give such authorization by fax? While the Bureau charges a filing fee for formal requests for written opinion, we expect that the Bureau will not be charging any fees for COVID … The term "written instructions" is not defined in the FCRA. An audit of the Competition Bureau was conducted in 2009 by the Audit and Evaluation Branch, with the objective to provide assurance that the Bureau's existing internal control, risk management, and governance processes in place were functioning as intended, and would enable the Bureau's objectives and goals to be met.

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