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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Competition Act and the Competition Tribunal Act''.
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This enactment amends the Competition Act and Competition
Tribunal Act. The amendments include the following:
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- amendments to facilitate cooperation with foreign competition
authorities for the enforcement of civil competition and fair trade
practices laws;
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- amendments prohibiting deceptive prize notices;
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- amendments streamlining the Competition Tribunal process by
providing for cost awards, summary dispositions and references;
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- amendments broadening the scope under which the Tribunal may
issue temporary orders; and
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- some housekeeping items.
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Clause 1: The relevant portion of subsection 11(1)
reads as follows:
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11. (1) Where, on the ex parte application of the Commissioner or the
authorized representative of the Commissioner, a judge of a superior or
county court or of the Federal Court is satisfied by information on oath
or solemn affirmation that an inquiry is being made under section 10 and
that any person has or is likely to have information that is relevant to the
inquiry, the judge may order that person to
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(b) produce a record, or any other thing, specified in the order to the
Commissioner or the authorized representative of the Commissioner
within a time and at a place specified in the order; or
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Clause 2: New.
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Clause 3: New.
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Clause 4: Subsection 32(3) reads as follows:
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(3) No order shall be made under this section that is at variance with
any treaty, convention, arrangement or engagement with any other
country respecting patents, trade-marks, copyrights or integrated
circuit topographies to which Canada is a party.
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Clause 5: (1) and (2) The relevant portion of
subsection 33(1) reads as follows:
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33. (1) A court may, on application by or on behalf of the Attorney
General of Canada or the attorney general of a province, issue an interim
injunction forbidding any person named in the application from doing
any act or thing that it appears to the court may constitute or be directed
toward the commission of an offence, pending the commencement or
completion of a proceeding under subsection 34(2) or a prosecution
against the person, where it appears to the court, that the person has
done, is about to do or is likely to do any act or thing constituting or
directed toward the commission of an offence under Part VI or section
66, and that
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(b) in the case of an offence under section 52.1, if the offence is
committed or continued,
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(ii) one or more persons are likely to suffer damage from the
commission of the offence that will be substantially greater than
any damage that persons named in the application are likely to
suffer from an injunction issued under this subsection in the event
that it is subsequently found that an offence under section 52.1
has not been committed, was not about to be committed and was
not likely to be committed.
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(3) The relevant portion of subsection 33(1.1) reads as
follows:
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(1.1) An injunction issued in respect of an offence under section 52.1
may forbid any person from supplying to another person a product that
is or is likely to be used for the commission or continuation of such an
offence, where the person being supplied or, in the case of a corporation,
any of its officers or directors, was previously
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(a) convicted of an offence under section 52.1 or an offence under
section 52 in respect of conduct prohibited by section 52.1; or
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Clause 6: New.
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Clause 7: New.
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Clause 8: Subsection 73(1) reads as follows:
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73. (1) Subject to this section, the Attorney General of Canada may
institute and conduct any prosecution or other proceedings under
section 34, any of sections 45 to 51 and section 61 or, where the
proceedings are on indictment, under section 52, 52.1, 55, 55.1 or 66,
in the Federal Court - Trial Division, and for the purposes of the
prosecution or other proceedings, the Federal Court - Trial Division
has all the powers and jurisdiction of a superior court of criminal
jurisdiction under the Criminal Code and under this Act.
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Clause 9: Subsection 74.07(2) reads as follows:
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(2) Sections 74.01 to 74.06 do not apply in respect of conduct
prohibited by sections 52.1, 55 and 55.1.
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Clause 10: (1) Subsection 74.11(2) reads as follows:
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(2) Subject to subsection (5), an order issued under subsection (1)
shall have effect for such period as is specified in it, not exceeding
fourteen days unless agreed to by the person against whom the order is
sought or unless, on further application, the order is extended for an
additional period not exceeding fourteen days.
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(2) Subsection 74.11(6) is new. Subsection 74.11(5)
reads as follows:
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(5) An order issued ex parte shall have effect for such period as is
specified in it, not exceeding seven days unless, on further application
made on notice as provided in subsection (3), the order is extended for
an additional period not exceeding twenty-one days.
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Clause 11: Sections 74.12 and 74.13 read as follows:
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74.12 (1) Where an application is made to a court for an order under
this Part and the Commissioner and the person against whom the order
is sought agree on the terms of the order, whether or not any of the terms
could have been imposed by the court under this Part, the order agreed
to may be filed with the court for immediate registration.
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(2) On being filed under subsection (1), an order shall be registered
and, when registered, shall have the same force and effect, and all
proceedings may be taken, as if the order had been made by the court.
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74.13 An order made under this Part may be rescinded or varied by
the court that made the order where, on application by the
Commissioner or the person against whom the order was made, the
court finds that the circumstances that led to the making of the order
have changed and that, in the circumstances that exist at the time the
application is made, the order would not have been made or would have
been ineffective in achieving its intended purpose.
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Clause 12: New.
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Clause 13: Subsection 104(1) reads as follows:
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104. (1) Where an application has been made for an order under this
Part, other than an interim order under section 100, the Tribunal, on
application by the Commissioner, may issue such interim order as it
considers appropriate, having regard to the principles ordinarily
considered by superior courts when granting interlocutory or injunctive
relief.
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Clause 14: Sections 105 and 106 read as follows:
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105. Where an application is made to the Tribunal under this Part for
an order and the Commissioner and the person in respect of whom the
order is sought agree on the terms of the order, the Tribunal may make
the order on those terms without hearing such evidence as would
ordinarily be placed before the Tribunal had the application been
contested or further contested.
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106. Where, on application by the Commissioner or a person against
whom an order has been made under this Part, the Tribunal finds that
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(a) the circumstances that led to the making of the order have
changed and, in the circumstances that exist at the time the
application is made under this section, the order would not have been
made or would have been ineffective to achieve its intended purpose,
or
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(b) the Commissioner and the person against whom an order has
been made have consented to an alternative order,
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the Tribunal may rescind or vary the order accordingly.
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Clause 15: Sections 124.1 and 124.2 are new. The
headings before section 125 read as follows:
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Clause 16: The relevant portion of subsection 3(2)
reads as follows:
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(2) The Tribunal shall consist of
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(a) not more than four members to be appointed from among the
judges of the Federal Court - Trial Division by the Governor in
Council on the recommendation of the Minister of Justice; and
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Clause 17: New.
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Clause 18: New.
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Clause 19: Subsection 11(1) reads as follows:
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11. (1) The Chairman of the Tribunal, sitting alone, or a judicial
member designated by the Chairman, sitting alone, may hear and
dispose of applications for interim orders under subsection 100(1) or
104(1), and applications under subsection 4.1(2) or (4) or 104.1(7), of
the Competition Act and any related matters.
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