Industry committee  It does not have to be a complaint. And we don't need a judge to sign off on initiating an inquiry. That is a power that's been invested by the Competition Act, by Parliament, in the Commissioner of Competition. But no matter how an inquiry is started--regardless of whether the minister is instructing us to do it, six residents have asked to do it, or we're doing it of our own volition or through a complaint--if we want to use formal powers, we have to go before a judge.

Industry committee  Yes.

Industry committee  A number of our investigations are done without securing subpoenas, and sometimes we've taken cases forward without using those powers. Sometimes companies prefer to give us information voluntarily and under oath. We don't always have to seek section 11s.

Industry committee  We have the powers today to conduct the work, to carry out the mandate that Parliament has given us.

Industry committee  To answer your question, a formal inquiry is really—

Industry committee  There is no need to call upon a judge. The formal investigation is the second step. The first step involves calling in and saying what the problem is. That is what we call a preliminary investigation. You will be asked some questions for clarification. As I said earlier, the call may be enough.

Industry committee  I think my answer to your first question will probably answer your second one. We are very concerned about the ability to conduct sector inquiries, because it could distract and could take our focus away from enforcing the new amendments that we got in 2009, and some that came into force in 2010.

Industry committee  We have a finite amount of resources, as any organization has. We're given the resources, both financial and human, that we have. So we have to work with that, and if we are to undertake market-sector studies, there is a risk they will detract from our key enforcement practices.

Industry committee  We don't need the reclarification. The amendments in 2009 gave us the clarity we needed, particularly in regard to cartels. Before, there was a lot of ambiguity surrounding when we could act to take cartels. The amendments gave us those powers.

Industry committee  Sure.

Industry committee  That's right.

Industry committee  That could really be just about anything, such as a case where someone would suggest to a competitor that they come to an agreement on the price. This competitor could call us. This would be information. We will study this situation in its context. We could therefore decide to launch a more in-depth inquiry.

Industry committee  During what we call a preliminary investigation, if we believe that there has been or may have been a violation of the law, in order to investigate properly, we need to use our formal powers, namely section 11 of the act, which provides that a court authorizes us to send companies a subpoena requesting information.

Industry committee  We have formal powers, whether it's gasoline or any other. When we have an investigation into certain allegations of wrongdoing, we can issue subpoenas to people who have relevant information. Those can be refineries, obviously, or retailers, but it can also be other participants in the marketplace.

Industry committee  Right now the Competition Bureau is the investigator. Criminal cases are referred to the crown for prosecution and civil cases to the Competition Tribunal for a decision in the litigated matter. It is one of the aspects of Bill C-452 that is unclear. Even if we were to conduct a study, what's next in terms of that result?