Competition Act (R.S.C., 1985, c. C-34)

Marginal note:Intervention by Commissioner

103.2 If a person granted leave under subsection 103.1(7) or (7.1) makes an application under section 75, 76, 77 or 79, the Commissioner may intervene in the proceedings.

Marginal note:Interim order

• 103.3 (1) Subject to subsection (2), the Tribunal may, on ex parte application by the Commissioner in which the Commissioner certifies that an inquiry is being made under paragraph 10(1)(b), issue an interim order

  • (a) to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81, 84 or 90.1; or

  • (b) to prevent the taking of measures under section 82 or 83.

• Marginal note:Limitation

  (2) The Tribunal may make the interim order if it finds that the conduct or measures could be of the type described in paragraph (1)(a) or (b) and that, in the absence of an interim order,

  • (a) injury to competition that cannot adequately be remedied by the Tribunal is likely to occur;

  • (b) a person is likely to be eliminated as a competitor; or

  • (c) a person is likely to suffer a significant loss of market share, a significant loss of revenue or other harm that cannot be adequately remedied by the Tribunal.

• Marginal note:Consultation

  (3) Before making an application for an order to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81, 84 or 90.1 by an entity incorporated under the Bank Act, the Insurance Companies Act, the Trust and Loan Companies Act or the Cooperative Credit Associations Act or a subsidiary of such an entity, the Commissioner must consult with the Minister of Finance respecting the safety and soundness of the entity.

• Marginal note:Duration

  (4) Subject to subsections (5) and (6), an interim order has effect for 10 days, beginning on the day on which it is made.

• Marginal note:Extension or revocation of order

  (5) The Tribunal may, on application by the Commissioner on 48 hours notice to each person against whom the interim order is directed,

  • (a) extend the interim order once or twice for additional periods of 35 days each; or

  • (b) rescind the order.

• Marginal note:Application to Tribunal for extension

  (5.1) The Commissioner may, before the expiry of the second 35-day period referred to in subsection (5) or of the period fixed by the Tribunal under subsection (7), as the case may be, apply to the Tribunal for a further extension of the interim order.

• Marginal note:Notice of application by Commissioner

  (5.2) The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the interim order is made.

• Marginal note:Extension of interim order

  (5.3) The Tribunal may order that the effective period of the interim order be extended if

  • (a) the Commissioner establishes that information requested for the purpose of the inquiry has not yet been provided or that more time is needed in order to review the information;

  • (b) the information was requested during the initial period that the interim order had effect, within the first 35 days after an order extending the interim order under subsection (5) had effect, or within the first 35 days after an order extending the interim order made under subsection (7) had effect, as the case may be, and

    • (i) the provision of such information is the subject of a written undertaking, or

    • (ii) the information was ordered to be provided under section 11; and

  • (c) the information is reasonably required to determine whether grounds exist for the Commissioner to make an application under any section referred to in paragraph (1)(a) or (b).

• Marginal note:Terms

  (5.4) An order extending an interim order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection.

• Marginal note:Effect of application

  (5.5) If an application is made under subsection (5.1), the interim order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3).

• Marginal note:When application made to Tribunal

  (6) If an application is made under subsection (7), an interim order has effect until the Tribunal makes an order under that subsection.

• Marginal note:Confirming or setting aside interim order

  (7) A person against whom the Tribunal has made an interim order may apply to the Tribunal in the first 10 days during which the order has effect to have it varied or set aside and the Tribunal shall

  • (a) if it is satisfied that one or more of the situations set out in paragraphs (2)(a) to (c) existed or are likely to exist, make an order confirming the interim order, with or without variation as the Tribunal considers necessary and sufficient to meet the circumstances, and fix the effective period of that order for a maximum of 70 days, beginning on the day on which the order confirming the interim order is made; and

  • (b) if it is not satisfied that any of the situations set out in paragraphs (2)(a) to (c) existed or is likely to exist, make an order setting aside the interim order.

• Marginal note:Notice

  (8) A person who makes an application under subsection (7) shall give the Commissioner 48 hours written notice of the application.

• Marginal note:Representations

  (9) At the hearing of an application under subsection (7), the Tribunal shall provide the applicant, the Commissioner and any person directly affected by the interim order with a full opportunity to present evidence and make representations before the Tribunal makes an order under that subsection.

• Marginal note:Prohibition of extraordinary relief

  (10) Notwithstanding section 13 of the Competition Tribunal Act, an interim order shall not be appealed or reviewed in any court except as provided for by subsection (7).

• Marginal note:Duty of Commissioner

  (11) When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made.

Marginal note:Interim order

• 104 (1) If an application has been made for an order under this Part, other than an interim order under section 100 or 103.3, the Tribunal, on application by the Commissioner or a person who has made an application under section 75, 76, 77 or 79, may issue any interim order that it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief.

• Marginal note:Terms of interim order

  (2) An interim order issued under subsection (1) shall be on such terms, and shall have effect for such period of time, as the Tribunal considers necessary and sufficient to meet the circumstances of the case.

• Marginal note:Duty of Commissioner

  (3) Where an interim order issued under subsection (1) on application by the Commissioner is in effect, the Commissioner shall proceed as expeditiously as possible to complete proceedings under this Part arising out of the conduct in respect of which the order was issued.

104.1 [Repealed, 2009, c. 2, s. 433]

Marginal note:Consent agreement

• 105 (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part, other than an interim order under section 103.3, may sign a consent agreement.

• Marginal note:Terms of consent agreement

  (2) The consent agreement shall be based on terms that could be the subject of an order of the Tribunal against that person.

• Marginal note:Registration

  (3) The consent agreement may be filed with the Tribunal for immediate registration.

• Marginal note:Effect of registration

  (4) Upon registration of the consent agreement, the proceedings, if any, are terminated, and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.

Marginal note:Rescission or variation of consent agreement or order

• 106 (1) The Tribunal may rescind or vary a consent agreement or an order made under this Part other than an order under section 103.3 or a consent agreement under section 106.1, on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the Tribunal finds that

  • (a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or

  • (b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order.

• Marginal note:Directly affected persons

  (2) A person directly affected by a consent agreement, other than a party to that agreement, may apply to the Tribunal within 60 days after the registration of the agreement to have one or more of its terms rescinded or varied. The Tribunal may grant the application if it finds that the person has established that the terms could not be the subject of an order of the Tribunal.

Marginal note:Consent agreement — parties to a private action

• 106.1 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75, 76, 77 or 79 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration.

• Marginal note:Notice to Commissioner

  (2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay.

• Marginal note:Publication

  (3) The consent agreement shall be published without delay in the Canada Gazette.

• Marginal note:Registration

  (4) The consent agreement shall be registered 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal.

• Marginal note:Effect of registration

  (5) Upon registration, the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.

• Marginal note:Commissioner may intervene

  (6) On application by the Commissioner, the Tribunal may vary or rescind a registered consent agreement if it finds that the agreement has or is likely to have anti-competitive effects.

• Marginal note:Notice

  (7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement.

Marginal note:Evidence

107 In determining whether or not to make an order under this Part, the Tribunal shall not exclude from consideration any evidence by reason only that it might be evidence in respect of an offence under this Act or in respect of which another order could be made by the Tribunal under this Act.

PART IXNotifiable Transactions

Interpretation

Marginal note:Definitions

• 108 (1) In this Part,

  equity interest

  equity interest means

  • (a) in the case of a corporation, a share in the corporation; and

  • (b) in the case of an entity other than a corporation, an interest that entitles the holder of that interest to receive profits of that entity or assets of that entity on its dissolution; (intérêt relatif à des capitaux propres)

  operating business

  operating business means a business undertaking in Canada to which employees employed in connection with the undertaking ordinarily report for work; (entreprise en exploitation)

  person

  person means an entity, an individual, a trustee, an executor, an administrator or a liquidator of the succession, an administrator of the property of others or a representative, but does not include a bare trustee or a trustee responsible exclusively for preserving and transferring the property of a person; (personne)

  prescribed

  prescribed means prescribed by regulations made under section 124; (réglementaire)

  voting share

  voting share means any share that carries voting rights under all circumstances or by reason of an event that has occurred and is continuing. (actions comportant droit de vote)

• Marginal note:Entities controlled by Her Majesty

  (2) For the purposes of this Part, except section 113, one entity is not affiliated with another entity by reason only of the fact that both entities are controlled by Her Majesty in right of Canada or a province, as the case may be.

• Marginal note:Computation of time

  (3) In this Part, a time period is calculated in accordance with sections 26 to 30 of the Interpretation Act except that the following days are also considered to be a holiday as defined in subsection 35(1) of that Act:

  • (a) Saturday;

  • (b) if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday; and

  • (c) if another holiday falls on a Saturday or Sunday, the following Monday.

• Marginal note:Submission after 5:00 p.m.

  (4) For the purposes of this Part, anything submitted to the Commissioner after 5:00 p.m. (Eastern Time) is deemed to be received by the Commissioner on the next day that is not a holiday.