Merger notification filing fee (Competition Act)

Where a deal is notifiable, section 114(1) of the Competition Act requires the parties, subject to Part IX, to notify the Commissioner before the transaction is completed and supply the prescribed information. The Bureau charges a fee for that filing, and for a request for an advance ruling certificate. This entry covers the fee only; the filing itself is pre-merger notification.

What the Bureau’s policy says

The Competition Bureau’s Fees and Service Standards Policy says fees for notifications and ARC requests should be submitted when the filing or request is made, and that for a notification the notifying parties should pay, though the parties are free to make their own arrangements and the Bureau considers all notifying parties jointly and severally liable. It adds that a party required to notify under subsection 114(3) is not liable for the fee. The policy records that the fee was revised in 2018. This entry gives no amount, because the Bureau sets it and can revise it.

What to check or ask

• Which party will pay the fee, and whether the agreement says so
• The current amount, on the Bureau’s own fees page, before budgeting for it
• Whether a withdrawn notification qualifies for a refund; the policy provides refunds, on written request, where a notification is withdrawn within two business days of the Bureau receiving it
• Whether a withdrawn and re-submitted notification can avoid a second fee; the policy sets conditions, including re-submission within five business days of the withdrawal