On April 28, 2015, the Competition Bureau published the final version of its guidelines for the Production of Electronically Stored Information. (See http://tinyurl.com/pwb5vmg). The guidelines set out the Bureau’s standard format for receiving ESI in an inquiry or investigation. A draft of the guidelines had been released for public comment in August 2014.
The guidelines are intended to ensure that ESI is received in a manner that reduces processing and review times and avoids unnecessary costs and delays associated with “unusable” productions. The majority of the guidelines describe technical instructions. However, much like the Sedona Canada Principles, the guidelines also encourage “early and regular communication among the Bureau, producing parties and their counsel regarding production methodologies and formats”.