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Bill C-26

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Prohibition of extraordinary relief

(11) Except as provided for by subsection (7),

    (a) a temporary order made by the Commissioner shall not be questioned or reviewed in any court; and

    (b) no order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, mandamus, prohibition, quo warranto, declaratory judgment or otherwise, to question, review, prohibit or restrain the Commissioner in the exercise of the jurisdiction granted by this section.

Powers and duties not affected by order

(12) The making of a temporary order does not in any way limit, restrict or qualify the powers, duties or responsibilities of the Commissioner under this Act, including the Commissioner's power to conduct inquiries and to make applications to the Tribunal in regard to conduct that is the subject of the temporary order.

Registration of orders

(13) The Commissioner shall file each temporary order with the Registry of the Tribunal. Once registered, the order is enforceable in the same manner as an order of the Tribunal.

Duty of Commissioner

(14) When a temporary order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the investigation arising out of the conduct in respect of which the temporary order was made.

Immunity

(15) No action lies against Her Majesty in right of Canada, the Minister, the Commissioner, any Deputy Commissioner, any person employed in the public service of Canada or any person acting under the direction of the Commissioner for anything done or omitted to be done in good faith under this section.

R.S., c. 19 (2nd Supp.), Part I

COMPETITION TRIBUNAL ACT

1999, c. 2, s. 43

16. Subsection 11(1) of the Competition Tribunal Act is replaced by the following:

Interim orders, travel agents and temporary orders

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.

R.S., c. 35 (4th Supp.)

AIR CANADA PUBLIC PARTICIPATION ACT

17. (1) Paragraphs 6(1)(a) to (c) of the Air Canada Public Participation Act are replaced by the following:

    (a) provisions imposing constraints on the issue, transfer and ownership, including joint ownership, of voting shares of the Corporation to prevent any one person, together with the associates of that person, from holding, beneficially owning or controlling, directly or indirectly, otherwise than by way of security only, voting shares to which are attached more than 15 % of the votes that may ordinarily be cast to elect directors of the Corporation, other than votes that may be so cast by or on behalf of the Minister;

    (b) provisions imposing constraints on the issue, transfer and ownership, including joint ownership, of voting shares of the Corporation to prevent non-residents from holding, beneficially owning or controlling, directly or indirectly, otherwise than by way of security only, in the aggregate voting shares to which are attached more than 25%, or any higher percentage that the Governor in Council may by regulation specify , of the votes that may ordinarily be cast to elect directors of the Corporation, other than votes that may be so cast by or on behalf of the Minister;

    (c) provisions respecting the counting or prorating of votes cast at any meeting of shareholders of the Corporation and attached to voting shares of the Corporation that are held, beneficially owned or controlled, directly or indirectly, by non-residents so as to limit the counting of those votes to not more than 25%, or any higher percentage specified for the purposes of paragraph (b) , of the total number of votes cast by shareholders at that meeting;

(2) Section 6 of the Act is amended by adding the following after subsection (6):

Specified percentage

(6.1) The Governor in Council may make regulations specifying a percentage greater than 25% for the purposes of paragraph (1)(b).

18. Section 10 of the Act is renumbered as subsection 10(1) and is amended by adding the following:

Duty re subsidiaries

(2) Subject to subsection (5), if air services, including incidental services, are provided or made available by a subsidiary of the Corporation, the Corporation has the duty to ensure that any of the subsidiary's customers can communicate with the subsidiary in respect of those services, and obtain those services from the subsidiary, in either official language in any case where those services, if provided by the Corporation, would be required under Part IV of the Official Languages Act to be provided in either official language.

Subsidiary body corporate

(3) For the purposes of this section, a body corporate is a subsidiary of the Corporation if

    (a) it is controlled by

      (i) the Corporation,

      (ii) the Corporation and one or more bodies corporate each of which is controlled by the Corporation, or

      (iii) two or more bodies corporate each of which is controlled by the Corporation; or

    (b) it is a subsidiary of a body corporate that is a subsidiary of the Corporation.

Control

(4) For the purposes of subsection (3), a body corporate is controlled by another body corporate if

    (a) securities of the body corporate to which are attached more than 50% of the votes that may be cast to elect directors of the body corporate are held, other than by way of security only, by or for the benefit of the other body corporate; and

    (b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate.

Application of subsection (2)

(5) Subsection (2) applies

    (a) in respect of air services, including incidental services, provided by a subsidiary of the Corporation at a facility or office in Manitoba, British Columbia, Saskatchewan, Alberta, the Yukon Territory, the Northwest Territories or Nunavut or on a route wholly within those provinces, one year after that subsection comes into force if it had been a subsidiary of the Corporation on that coming into force; and

    (b) in respect of a person that becomes a subsidiary of the Corporation only after that subsection comes into force, three years after the person becomes a subsidiary.

Extension

(6) The Governor in Council may, by order made on the recommendation of the Minister of Transport, increase the three years referred to in paragraph (5)(b) to a maximum of four years in respect of a route served, or an office or facility from which service is provided, by a subsidiary.

Duties of replacements

(7) If Canadian Airlines International Ltd., Canadian Regional Airlines Ltd. or a subsidiary of the Corporation replaces the Corporation or one of its subsidiaries in providing an air service, including incidental services, that the Corporation or the subsidiary provided on or after December 21, 1999, the Corporation has the duty to ensure that any of the customers of the person who replaces the Corporation or the subsidiary can communicate with that person in respect of those services, and obtain those services from that person, in either official language in any case where those services, if provided by the Corporation or the subsidiary, would be required under Part IV of the Official Languages Act or under subsection (2) to be provided in either official language.

For greater certainty

(8) For greater certainty, subsections (2) and (7) do not affect any duty that the Corporation may have under section 25 of the Official Languages Act.

Deemed duty

(9) For the purposes of Parts VIII, IX and X of the Official Languages Act, the duties referred to in subsections (2) and (7) are deemed to be duties under Part IV of that Act.

Definitions

(10) The definitions in this subsection apply in this section.

``air service''
« service aérien »

``air service'' has the same meaning as in subsection 55(1) of the Canada Transportation Act.

``customer''
« client »

``customer'' means, in respect of a subsidiary referred to in subsection (2) or (7), a passenger, shipper or consignee using or intending to use an air service, including incidental services, provided or made available by that subsidiary.

``route''
« trajet »

``route'' means, in respect of a subsidiary of the Corporation, a route on which the subsidiary provides a two-way air service between the starting and finishing points of that service by a single conveyance, with or without intermediate stops.

``shipper''
« expéditeur »

``shipper'' has the same meaning as in section 6 of the Canada Transportation Act.

19. The Act is amended by adding the following after section 10:

Deemed approval

10.1 (1) The proposed acquisition described in a letter dated December 21, 1999 from 853350 Alberta Ltd. and Air Canada to the Minister of Transport is deemed to be a transaction that has been approved by the Governor in Council under subsection 56.2(6) of the Canada Transportation Act on the day on which that subsection comes into force.

Deemed terms and conditions

(2) The undertakings provided by 853350 Alberta Ltd. and Air Canada to the Minister of Transport in the letter referred to in subsection (1) are deemed to be terms and conditions of an order made under subsection 56.2(6) of the Canada Transportation Act that relate to national transportation concerns, and the undertakings provided by 853350 Alberta Ltd. and Air Canada to the Commissioner of Competition that are set out in Annex A to a letter from the Commissioner dated December 21, 1999 in respect of the acquisition referred to in that subsection are deemed to be terms and conditions of an order made under subsection 56.2(6) of the Canada Transportation Act that relate to potential prevention or lessening of competition.

Deemed affiliates

(3) For the purposes of sections 45 and 61 of the Competition Act, Canadian Airlines Corporation, Canadian Airlines International Ltd. and Canadian Regional Airlines Ltd. are deemed to be affiliates of Air Canada in respect of any thing they do after December 21, 1999 and before the earlier of the coming into force of this subsection and the day on which the undertakings referred to in subsection (2) cease to have effect.

If undertakings cease to have effect

(4) The Governor in Council may, by order, declare that 853350 Alberta Ltd. and Air Canada are not subject to the terms and conditions referred to in subsection (2) if the undertakings cease to have effect and are not revived in the circumstances described in

    (a) the paragraph entitled ``Effective Date'' in the letter referred to in subsection (1); and

    (b) undertaking #15, set out in Annex A referred to in subsection (2).

Revocation of deemed approval

(5) If the Governor in Council makes an order under subsection (4), the deemed approval under subsection (1) is revoked and any certification under paragraph 94(c) of the Competition Act in respect of the acquisition referred to in that paragraph ceases to have effect.

CONSEQUENTIAL AMENDMENT

R.S., c. A-1

Access to Information Act

R.S., c. 19 (2nd Supp.), s. 46(3)

20. Schedule II to the Access to Information Act is amended by replacing the reference to ``subsection 29(1)'' opposite the reference to ``Competition Act'' with a reference to ``subsections 29(1) and 29.1(5)''.

COMING INTO FORCE

Coming into force

21. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

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