Bill C-23
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| Directly
affected
persons
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(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to have one or more of its terms rescinded or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.
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| Consent
agreement -
parties to a
private action
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106.1 (1) If a person granted leave under
section 103.1 makes an application to the
Tribunal for an order under section 75 or 77
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.
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| Notice to
Commissioner
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(2) On filing the consent agreement with the
Tribunal for registration, the parties shall
serve a copy of it on the Commissioner
without delay.
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| Publication
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(3) The consent agreement shall be
published without delay in the Canada
Gazette.
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| Registration
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(4) The consent agreement shall be
registered within 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.
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| Effect of
registration
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(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.
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| Commissioner
may intervene
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(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.
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| Notice
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(7) The Commissioner must give notice of
an application under subsection (6) to the
parties to the consent agreement.
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| R.S., c. 19
(2nd Supp.),
s. 45
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15. The headings before section 125 of the
Act are replaced by the following:
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PART X |
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GENERAL |
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Commissioner's Opinions |
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| Application
for written
opinion
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124.1 (1) Any person may apply to the
Commissioner, with supporting information,
for an opinion on the applicability of any
provision of this Act or the regulations to
conduct or a practice that the applicant
proposes to engage in, and the Commissioner
may provide a written opinion for the
applicant's guidance.
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| Opinion
binding
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(2) If all the material facts have been
submitted by or on behalf of an applicant for
an opinion and they are accurate, a written
opinion provided under this section is binding
on the Commissioner. It remains binding for
so long as the material facts on which the
opinion was based remain substantially
unchanged and the conduct or practice is
carried out substantially as proposed.
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References to Tribunal |
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| Reference if
parties agree
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124.2 (1) The Commissioner and a person
who is the subject of an inquiry under section
10 may by agreement refer to the Tribunal for
determination any question of law, mixed law
and fact, jurisdiction, practice or procedure, in
relation to the application or interpretation of
Part VII.1 or VIII, whether or not an
application has been made under Part VII.1 or
VIII.
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| Reference by
Commissioner
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(2) The Commissioner may, at any time,
refer to the Tribunal for determination a
question of law, jurisdiction, practice or
procedure, in relation to the application or
interpretation of Parts VII.1 to IX.
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| Reference by
agreement of
parties to a
private action
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(3) A person granted leave under section
103.1 and the person against whom an order is
sought under section 75 or 77 may by
agreement refer to the Tribunal for
determination any question of law, or mixed
law and fact, in relation to the application or
interpretation of Part VIII, if the Tribunal
grants them leave. They must send a notice of
their application for leave to the
Commissioner, who may intervene in the
proceedings.
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| Reference
procedure
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(4) The Tribunal shall decide the questions
referred to it informally and expeditiously, in
accordance with any rules on references made
under section 16 of the Competition Tribunal
Act.
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Representations to Boards, Commissions or Other Tribunals |
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| R.S., c. 19,
(2nd Supp.),
Part I
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COMPETITION TRIBUNAL ACT |
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16. Paragraph 3(2)(a) of the Competition
Tribunal Act is replaced by the following:
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| 1999, c. 2,
s. 41
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16.1 Subsection 8(1) of the Act is replaced
by the following:
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| Jurisdiction
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8. (1) The Tribunal has jurisdiction to hear
and dispose of all applications made under
Part VII.1 or VIII of the Competition Act and
any related matters, as well as any matter
under Part IX of that Act that is the subject of
a reference under subsection 124.2(2) of that
Act.
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17. The Act is amended by adding the
following after section 8:
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| Costs
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8.1 (1) The Tribunal may award costs of
proceedings before it in respect of reviewable
matters under Parts VII.1 and VIII of the
Competition Act on a final or interim basis, in
accordance with the provisions governing
costs in the Federal Court Rules, 1998.
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| Payment
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(2) The Tribunal may direct by whom and
to whom any costs are to be paid and by whom
they are to be taxed and allowed.
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| Award against
the Crown
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(3) The Tribunal may award costs against
Her Majesty in right of Canada.
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| Costs
adjudged to
Her Majesty
in right of
Canada
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(4) Costs adjudged to Her Majesty in right
of Canada shall not be disallowed or reduced
on taxation by reason only that counsel who
earned the costs, or in respect of whose
services the costs are charged, was a salaried
officer of Her Majesty in right of Canada
performing those services in the discharge of
that counsel's duty and remunerated for those
services by salary, or for that or any other
reason was not entitled to recover any costs
from Her Majesty in right of Canada in respect
of the services so rendered.
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| Amounts to
Receiver
General
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(5) Any money or costs awarded to Her
Majesty in right of Canada in a proceeding in
respect of which this section applies shall be
paid to the Receiver General.
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18. Section 9 of the Act is amended by
adding the following after subsection (3):
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| Summary
dispositions
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(4) On a motion from a party to an
application made under Part VII.1 or VIII of
the Competition Act, a judicial member may
hear and determine the application in a
summary way, in accordance with any rules on
summary dispositions.
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| Decision
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(5) The judicial member may dismiss the
application in whole or in part if the member
finds that there is no genuine basis for it. The
member may allow the application in whole or
in part if satisfied that there is no genuine basis
for the response to it.
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| 2000, c. 15.
s. 16
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19. Subsection 11(1) of the Act is replaced
by the following:
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| Hearing of
applications
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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 under subsection
4.1(2) or (4) or 100(1), section 103.1, 103.3 or
subsection 104(1) or 104.1(7) of the
Competition Act and any related matters.
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COMING INTO FORCE |
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| Coming into
force
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20. The provisions of this Act, and the
provisions of any Act as enacted by this Act,
come into force on a day or days to be fixed
by order of the Governor in Council.
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