Bill C-276
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-276 |
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An Act to amend the Competition Act
(negative option marketing)
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R.S., c. C-34;
R.S., c. 27 (1st
Supp.), c. 19
(2nd Supp.),
c. 34 (3rd
Supp.), cc. 1,
10 (4th
Supp.); 1990,
c. 37; 1991,
cc. 45, 46, 47;
1992, cc. 1,
14; 1993, c.
34; 1995, c. 1
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1. The Competition Act is amended by
adding the following after section 74.05 :
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Definitions
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74.051 (1) The definition in this subsection
apply in this section.
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``client'' « client »
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``client'' means a person who receives a
regular service from an enterprise in return
for which the person pays the enterprise a
fee periodically or according to the
frequency with which the person uses the
service.
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``enterprise'' « entreprise »
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``enterprise'' means
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``service'' « service »
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``service'' excludes services prescribed by the
Governor in Council under section 128.
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Negative
option
marketing
without notice
and express
consent
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(2) An enterprise engages in reviewable
conduct if it charges or receives from a client
any payment for the provision or sale of a new
service, unless
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Exception
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(3) Subsection (2) does not apply
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Exception
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(4) Paragraph (2)(a) does not apply where
the client has provided to the enterprise, by
any means of communication, including
electronic or digital means of communication,
an express consent for the purchase or
reception of the new service from the
enterprise.
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2. The portion of subsection 74.1(6) of the
Act before paragraph (a) is replaced by the
following:
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Meaning of
subsequent
order
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(6) For the purposes of paragraph (1)(c), an
order made against a person in respect of
conduct that is reviewable under paragraph
74.01(1)(a), (b) or (c), subsection 74.01(2) or
(3) or section 74.02, 74.04, 74.05, 74.051 or
74.06 is a subsequent order if
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3. Section 127 of the Act is replaced by the
following:
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Annual report
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127. (1) The Commissioner shall report
annually to the Minister on
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Tabling of
report
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(2) The Minister shall cause a copy of the
report to be laid before each House of
Parliament on any of the first fifteen days on
which that House is sitting after the report is
received by the Minister.
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4. Subsections 128(1) and (2) of the Act
are replaced by the following:
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Regulations
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128. (1) Subject to subsections (1.1) and
(1.2) , the Governor in Council may make such
regulations as are necessary for carrying out
this Act and for the efficient administration
thereof.
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Regulations
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(1.1) The Governor in Council may, by
regulation, exempt from the definition of
``service'' in section 74.051 any service, other
than a licensed broadcasting services, that, in
the opinion of the Governor in Council, should
be exempted in order to allow enterprises to
which this section applies to remain
competitive in their sector of activity,
provided that the exemption does not deprive
consumers of their right to competitive prices
and product choices.
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Regulations
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(1.2) The Governor in Council may, by
regulation, on the recommendation of the
Minister of Canadian Heritage, exempt from
the definition of ``service'' in section 74.051
any licensed service distributed on a
broadcasting undertaking that, in the opinion
of the Governor in Council, should be
exempted in order to achieve the objectives
set out in subsection 3(1) of the Broadcasting
Act.
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Consultation
with CRTC
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(1.3) The Minister of Canadian Heritage
shall consult with the Canadian
Radio-television and Telecommunications
Commission before recommending a
regulation to the Governor in Council under
subsection (1.2).
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Prior notice
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(2) Subject to subsection (3), a copy of each
regulation that the Governor in Council
proposes to make under subsection (1), (1.1)
or (1.2) shall be published in the Canada
Gazette at least sixty days before the proposed
effective date thereof and a reasonable
opportunity shall be given for interested
persons to make representations with respect
thereto.
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Coming into
force
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5. This Act comes into force three months
after the day on which it is assented to.
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