New fee remission policy and 2021 adjustment to filing fees for Competition Bureau merger reviews come into effect

From: Competition Bureau Canada

News release

April 1, 2021 – GATINEAU, QC – Competition Bureau

The Competition Bureau has announced two important updates related to its filing fees for merger reviews which take effect immediately in accordance with the Service Fees Act.

First, following a required annual adjustment, the Bureau’s filing fee for merger reviews has decreased from $75,055.68 to $74,905.57.

The Competition Act requires that entities notify the Bureau if proposed mergers, acquisitions and other transactions meet certain thresholds. The Bureau reviews these notifiable transactions to determine if they are likely to substantially prevent or lessen competition. The filing fee applies to companies filing a pre-merger notification and/or requesting an Advance Ruling Certificate (ARC).

Second, Innovation, Science and Economic Development Canada’s new Remission Policy, which applies to filing fees for pre-merger notifications and/or ARC requests also comes into effect. Under this new policy, in certain circumstances the Bureau will remit a portion of the filing fee paid by an affected fee-payer when a service standard is not met.

The policy’s Program Annexes set out how the principles and requirements of the policy apply to Bureau merger reviews.

Quick facts

  • Under the Service Fees Act, the Bureau’s filing fee for merger reviews is subject to an annual Consumer Price Index adjustment.

  • By April 1, 2021, all departments and agencies were required by the Treasury Board Secretariat (TBS) to establish a remissions policy for all fees subject to the Service Fees Act.

  • ISED’s Remission Policy was developed in consultation with TBS and complies with all relevant acts, regulations, policies and directives.

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