- PART I
- PART II
- Commissioner of Competition
- Oath of office
- Salary
- Deputy Commissioners
- Powers of Deputy
- Powers of other persons
- Inquiry by Deputy
- Powers of Commissioner unaffected
- Application for inquiry
- Material to be submitted
- Inquiry by Commissioner
- Information on inquiry
- Inquiries to be in private
- Records in possession of affiliate
- No person excused from complying with order
- Effect of order
- Witness competent and compellable
- Fees
- Attendance of person whose conduct is being inquired into
- Presiding officer
- Remuneration and expenses
- Administration of oaths
- Orders of presiding officer
- Application to court
- Notice
- Warrant for entry of premises
- Contents of warrant
- Execution of search warrant
- Idem
- Duty of persons in control of premises
- Where admission or access refused
- Where warrant not necessary
- Exigent circumstances
- Operation of computer system
- Duty of person in control of computer system
- Order restricting operation of computer system
- Notice by Commissioner
- Definitions
- Presentation of or report on record or thing seized
- Report
- Retention or return of thing seized
- Commissioner to take reasonable care
- Certified copies
- Access to records or things
- Copy of record where returned
- Detention of things seized
- Claim to solicitor-client privilege (section 11)
- Claim to solicitor-client privilege (section 15 or 16)
- Custody of record
- Determination of claim to privilege
- Idem
- Authority of judge
- Prohibition
- Access to record in custody
- Inspection of records and things
- Copies
- Proof
- Counsel
- Discontinuance of inquiry
- Report
- Notice to applicant
- Review of decision
- Reference to Attorney General of Canada
- Prosecution by Attorney General of Canada
- Regulations
- Publication of proposed regulations
- Exception
- Staff
- Remuneration of temporary staff
- Remuneration and expenses payable out of appropriations
- Authority of technical or special assistants
- Minister may require interim report
- Confidentiality
- Exception
- Communication to Minister of Transport
- Information
- Contents of request
- Restriction
- Confidentiality
- Communication to Minister of Finance
- Information
- Contents of request
- Restriction
- Confidentiality
- PART III
- Interpretation
- Functions of the Minister of Justice
- Publication of Agreements
- Requests Made to Canada from Abroad
- Authorization
- Hearing re execution
- Contents of warrant
- Duty of persons in control of premises
- Where admission or access refused
- Report
- Copy to Minister of Justice
- Sending abroad
- Requiring record, etc., at hearing
- Terms and conditions
- Approval of request to obtain evidence
- Application for order
- Evidence-gathering order
- Provisions of order
- Designation of judge
- Order effective throughout Canada
- Terms and conditions of order
- Variation
- Other laws to apply
- Execution of order to be completed
- Statement of reasons for refusal
- Expenses
- Contents of order
- Report
- Copy to Minister of Justice
- Refusals
- Refusals based on foreign law
- Sending abroad
- Terms and conditions
- Further execution
- Leave of judge required
- Terms and conditions
- Approval of request to obtain evidence by video link, etc.
- Application for order
- Order for video link, etc.
- Provisions of order
- Order effective throughout Canada
- Terms and conditions of order
- Variation
- Expenses
- Other laws to apply
- Statement of reasons for refusal
- Refusals
- Contempt of court in Canada
- Arrest warrant
- Warrant effective throughout Canada
- Order
- Copy of information
- Approval of loan request
- Application for loan order
- Contents of application
- Making of loan order
- Terms of loan order
- Terms and conditions
- Variation of loan order
- Copy of order to custodian
- Presumption of continuity
- Appeal on question of law
- Appeal on question of law
- Evidence Obtained by Canada from Abroad
- General
- PART IV
- Reduction or removal of customs duties
- Powers of Federal Court where certain rights used to restrain trade
- Orders
- Treaties, etc.
- Interim injunction
- Deceptive telemarketing or notice
- Notice of application
- Terms of injunction
- Extension or cancellation of injunction
- Duty of applicant
- Punishment for disobedience
- Definition of “court”
- Prohibition orders
- Idem
- Prescriptive terms
- Duration of order
- Variation or rescission
- Other proceedings
- Appeals to courts of appeal and Federal Court
- Appeals to Supreme Court of Canada
- Disposition of appeal
- Procedure
- Punishment for disobedience
- Procedure
- Definition of “superior court of criminal jurisdiction”
- Court may require returns
- Punishment
- Recovery of damages
- Evidence of prior proceedings
- Jurisdiction of Federal Court
- Limitation
- PART V
- PART VI
- Conspiracies, agreements or arrangements between competitors
- Penalty
- Evidence of conspiracy, agreement or arrangement
- Defence
- Defence
- Exception
- Common law principles — regulated conduct
- Definitions
- Where application made under section 76, 79, 90.1 or 92
- Foreign directives
- Limitation
- Definition of “bid-rigging”
- Bid-rigging
- Exception
- Conspiracy relating to professional sport
- Matters to be considered
- Application
- Agreements or arrangements of federal financial institutions
- Exceptions
- Definition of “federal financial institution”
- Where proceedings commenced under section 76, 79, 90.1 or 92
- False or misleading representations
- Proof of certain matters not required
- Permitted representations
- Representations accompanying products
- Representations from outside Canada
- Deemed representation to public
- General impression to be considered
- Offence and punishment
- Reviewable conduct
- Duplication of proceedings
- Definition of “telemarketing”
- Required disclosures
- Deceptive telemarketing
- General impression to be considered
- Exception
- Due diligence
- Offences by employees or agents
- Liability of officers and directors
- Offence and punishment
- Sentencing
- Deceptive notice of winning a prize
- Non-application
- Due diligence
- Offences by employees or agents
- Liability of officers and directors
- Offence and punishment
- Sentencing
- Double ticketing
- Offence and punishment
- Definition of “multi-level marketing plan”
- Representations as to compensation
- Idem
- Due diligence defence
- Offence and punishment
- Definition of “scheme of pyramid selling”
- Pyramid selling
- Offence and punishment
- Defence
- Civil rights not affected
- PART VII
- Offences
- Obstruction
- Offence and punishment
- Contravention of Part II provisions
- Failure to supply information
- Destruction or alteration of records or things
- Liability of directors
- Contravention of subsection 30.06(5)
- Destruction or alteration of records or things
- Refusal after objection overruled
- Refusal where no ruling made on objection
- Contravention of order under Part VII.1 or VIII
- Whistleblowing
- Confidentiality
- Prohibition
- Saving
- Definitions
- Procedure
- Procedure for enforcing punishment
- Jurisdiction of courts
- Corporations to be tried without jury
- Option as to procedure under subsection 34(2)
- Limitation period
- Venue of prosecutions
- Definitions
- Evidence against a participant
- Admissibility of statistics
- Idem
- Privileged information not affected
- Certificate
- Statistics collected by sampling methods
- Notice
- Attendance of statistician
- Idem
- Jurisdiction of Federal Court
- No jury
- Appeal
- Proceedings optional
- Offences
- PART VII.1
- Reviewable Matters
- Misrepresentations to public
- Ordinary price: suppliers generally
- Ordinary price: supplier’s own
- References to time in subsections (2) and (3)
- Saving
- Representation as to reasonable test and publication of testimonials
- Representations accompanying products
- Representations from outside Canada
- Deemed representation to public
- Certain matters need not be established
- General impression to be considered
- Definition of “bargain price”
- Bait and switch selling
- Saving
- Sale above advertised price
- Saving
- Application
- Promotional contests
- Saving
- Non-application
- Civil rights not affected
- Administrative Remedies
- Definition of “court”
- Determination of reviewable conduct and judicial order
- Duration of order
- Saving
- Purpose of order
- Aggravating or mitigating factors
- Meaning of subsequent order
- Amounts already paid
- Implementation of the order
- Variation of terms
- Temporary order
- Duration
- Notice of application by Commissioner
- Duty of Commissioner
- Interim injunction
- Statement to be included
- Duration
- Notice of application by Commissioner
- Submissions to set aside
- Duty of Commissioner
- Definitions
- Consent agreement
- Terms of consent agreement
- Registration
- Effect of registration
- Rescission or variation of consent agreement or order
- Evidence
- Unpaid monetary penalty
- Proceedings commenced under Part VI
- Rules of Procedure
- Appeals
- Reviewable Matters
- PART VIII
- Restrictive Trade Practices
- Jurisdiction of Tribunal where refusal to deal
- When article is a separate product
- Definition of “trade terms”
- Inferences
- Price maintenance
- Order
- Persons subject to order
- Where no order may be made
- Suggested retail price
- Advertised price
- Exception
- Refusal to supply
- Where no order may be made
- Inferences
- Where proceedings commenced under section 45, 49, 79 or 90.1
- Definition of “trade terms”
- Definitions
- Exclusive dealing and tied selling
- Market restriction
- Damage awards
- Where no order to be made and limitation on application of order
- Where company, partnership or sole proprietorship affiliated
- When persons deemed to be affiliated
- Inferences
- Definition of “anti-competitive act”
- Prohibition where abuse of dominant position
- Additional or alternative order
- Limitation
- Administrative monetary penalty
- Aggravating or mitigating factors
- Purpose of order
- Superior competitive performance
- Exception
- Limitation period
- Where proceedings commenced under section 45, 49, 76, 90.1 or 92
- Unpaid monetary penalty
- Definition of “delivered pricing”
- Definition of “trade terms”
- Delivered pricing
- Exception where significant capital investment needed
- Exception where trade-mark used
- Foreign judgments, etc.
- Foreign laws and directives
- Limitation
- Refusal to supply by foreign supplier
- Specialization Agreements
- Definitions
- Order directing registration
- Factors to be considered
- Redistribution of income does not result in gains in efficiency
- Conditional orders
- Registration of modifications
- Order to remove from register
- Right of intervention
- Register of specialization agreements
- Public access to register
- Non-application of sections 45, 77 and 90.1
- Agreements or Arrangements that Prevent or Lessen Competition Substantially
- Mergers
- Definition of “merger”
- Order
- Evidence
- Factors to be considered regarding prevention or lessening of competition
- Exception
- Exception for joint ventures
- Limitation
- Exception where gains in efficiency
- Factors to be considered
- Restriction
- Limitation period
- Where proceedings commenced under section 45, 49, 79 or 90.1
- Conditional orders directing dissolution of a merger
- When conditional order may be rescinded or varied
- Interim order where no application under section 92
- Notice of application
- Terms of interim order
- Duration of order: inquiry
- Duration of order: failure to comply
- Extension of time
- Completion of inquiry
- Right of intervention
- Advance ruling certificates
- Duty of Commissioner
- No application under section 92
- General
- Leave to make application under section 75, 76 or 77
- Notice
- Certification by Commissioner
- Application discontinued
- Notice by Tribunal
- Representations
- Granting leave to make application under section 75 or 77
- Granting leave to make application under section 76
- Time and conditions for making application
- Decision
- Limitation
- Inferences
- Inquiry by Commissioner
- Intervention by Commissioner
- Interim order
- Limitation
- Consultation
- Duration
- Extension or revocation of order
- Application to Tribunal for extension
- Notice of application by Commissioner
- Extension of interim order
- Terms
- Effect of application
- When application made to Tribunal
- Confirming or setting aside interim order
- Notice
- Representations
- Prohibition of extraordinary relief
- Duty of Commissioner
- Interim order
- Terms of interim order
- Duty of Commissioner
- Consent agreement
- Terms of consent agreement
- Registration
- Effect of registration
- Rescission or variation of consent agreement or order
- Directly affected persons
- Consent agreement — parties to a private action
- Notice to Commissioner
- Publication
- Registration
- Effect of registration
- Commissioner may intervene
- Notice
- Evidence
- Restrictive Trade Practices
- PART IX
- Interpretation
- Application
- Exemptions
- Notice and Information
- Notice of proposed transaction
- Additional information
- Contents of notice
- Corporation whose shares are acquired
- Notice and information
- Prior notice of acquisitions
- Notice of future acquisition
- Exemption for further acquisitions of voting shares
- Limitation
- Where information cannot be supplied
- Where information not relevant
- Where information previously supplied
- Commissioner may require information
- Saving
- Wholly-owned affiliate
- Wholly-owning affiliate
- Information to be certified
- Where transaction not completed
- Completion of Proposed Transactions
- Regulations
- PART X
- RELATED PROVISIONS
- AMENDMENTS NOT IN FORCE
- R.S., c. 19 (2nd Supp.), s. 20(3)
- R.S., c. 19 (2nd Supp.), s. 24
- R.S., c. 19 (2nd Supp.), s. 24
- Copies
- 1999, c. 2, s. 10; 2002, c. 16, s. 5
- Interim injunction
- Injunction — offences involving telecommunication
- Injunction against third parties — offences involving telecommunication
- Notice of application
- Terms of injunction
- Extension or cancellation of injunction
- Duty of applicant
- Punishment for disobedience
- 1999, c. 2, s. 12(1)
- Permitted representations
- 1999, c. 2, s. 12(1)
- False or misleading representation — sender or subject matter information
- False or misleading representation — electronic message
- False or misleading representation — locator
- Proof of deception not required
- General impression to be considered
- Offence and punishment
- Reviewable conduct
- Where application made under Part VII.1
- Interpretation
- Assisting foreign states
- Mutual assistance
- 1999, c. 2, s. 13
- Definition of “telemarketing”
- 1999, c. 2, s. 13
- 1999, c. 2, s. 13
- Time of disclosure
- False or misleading representation — sender or subject matter information
- False or misleading representation — electronic message
- False or misleading representation — locator
- General impression to be considered
- Interpretation
- Assisting foreign states
- Limitation
- Mutual assistance
- 1999, c. 2, s. 22
- Deduction from administrative monetary penalty
- Restitution and interim injunction
- 1999, c. 2, s. 22; 2002, c. 16, s. 10(1)
- Temporary order
- Temporary order — supply of a product
- Duration
- Notice of application
- 1999, c. 2, s. 22
- Where proceedings commenced under section 52 or 52.01
Competition Act (R.S., 1985, c. C-34)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Competition Act
C-34
An Act to provide for the general regulation of trade and commerce in respect of conspiracies, trade practices and mergers affecting competition
SHORT TITLE
Short title
1. This Act may be cited as the Competition Act.
R.S., 1985, c. C-34, s. 1; R.S., 1985, c. 19 (2nd Supp.), s. 19.
PART I
PURPOSE AND INTERPRETATION
PURPOSE
Purpose of Act
1.1 The purpose of this Act is to maintain and encourage competition in Canada in order to promote the efficiency and adaptability of the Canadian economy, in order to expand opportunities for Canadian participation in world markets while at the same time recognizing the role of foreign competition in Canada, in order to ensure that small and medium-sized enterprises have an equitable opportunity to participate in the Canadian economy and in order to provide consumers with competitive prices and product choices.
R.S., 1985, c. 19 (2nd Supp.), s. 19.
INTERPRETATION
Definitions
2. (1) In this Act,
“article” « article »
“article” means real and personal property of every description including
(a) money,
(b) deeds and instruments relating to or evidencing the title or right to property or an interest, immediate, contingent or otherwise, in a corporation or in any assets of a corporation,
(c) deeds and instruments giving a right to recover or receive property,
(d) tickets or like evidence of right to be in attendance at a particular place at a particular time or times or of a right to transportation, and
(e) energy, however generated;
“business” « entreprise »
“business” includes the business of
(a) manufacturing, producing, transporting, acquiring, supplying, storing and otherwise dealing in articles, and
(b) acquiring, supplying and otherwise dealing in services.
It also includes the raising of funds for charitable or other non-profit purposes.
“Commission” [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]
“Commissioner” « commissaire »
“Commissioner” means the Commissioner of Competition appointed under subsection 7(1);
“Director” [Repealed, 1999, c. 2, s. 1]
“merger” [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]
“Minister” « ministre »
“Minister” means the Minister of Industry;
“monopoly” [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]
“product” « produit »
“product” includes an article and a service;
“record” « document »
“record” includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy or portion thereof;
“service” « service »
“service” means a service of any description whether industrial, trade, professional or otherwise;
“supply” « fournir » ou « approvisionner »
“supply” means,
(a) in relation to an article, sell, rent, lease or otherwise dispose of an article or an interest therein or a right thereto, or offer so to dispose of an article or interest therein or a right thereto, and
(b) in relation to a service, sell, rent or otherwise provide a service or offer so to provide a service;
“trade, industry or profession” « commerce, industrie ou profession »
“trade, industry or profession” includes any class, division or branch of a trade, industry or profession;
“Tribunal” « Tribunal »
“Tribunal” means the Competition Tribunal established by subsection 3(1) of the Competition Tribunal Act.
Affiliated corporation, partnership or sole proprietorship
(2) For the purposes of this Act,
(a) one corporation is affiliated with another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person;
(b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other; and
(c) a partnership or sole proprietorship is affiliated with another partnership, sole proprietorship or a company if both are controlled by the same person.
Subsidiary corporation
(3) For the purposes of this Act, a corporation is a subsidiary of another corporation if it is controlled by that other corporation.
Control
(4) For the purposes of this Act,
(a) a corporation is controlled by a person other than Her Majesty if
(i) securities of the corporation to which are attached more than fifty per cent of