An Act to amend the Competition Act and the Competition Tribunal Act (S.C. 2002, c. 16)
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Assented to 2002-06-04
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19COMPETITION ACT
Marginal note:1990, c. 37, s. 29
4. Subsection 32(3) of the French version of the Act is replaced by the following:
Marginal note:Traités
(3) Ces ordonnances ne peuvent être rendues que si elles sont compatibles avec les traités, conventions, arrangements ou engagements concernant des brevets d’invention, des marques de commerce, des droits d’auteur ou des topographies de circuits intégrés conclus avec tout pays étranger et auxquels le Canada est partie.
Marginal note:1999, c. 2, s. 10(1)
5. (1) The portion of paragraph 33(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) in the case of an offence under section 52.1 or 53, if the offence is committed or continued,
Marginal note:1999, c. 2, s. 10(1)
(2) Subparagraph 33(1)(b)(ii) of the Act is replaced by the following:
(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 or 53 has not been committed, was not about to be committed and was not likely to be committed.
Marginal note:1999, c. 2, s. 10(1)
(3) The portion of subsection 33(1.1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Deceptive telemarketing or notice
(1.1) An injunction issued in respect of an offence under section 52.1 or 53 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
(a) convicted of an offence under section 52.1 or 53 or an offence under section 52 in respect of conduct prohibited by section 52.1 or 53; or
6. The Act is amended by adding the following after section 52.1:
Marginal note:Deceptive notice of winning a prize
53. (1) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, send or cause to be sent by electronic or regular mail or by any other means a document or notice in any form, if the document or notice gives the general impression that the recipient has won, will win, or will on doing a particular act win, a prize or other benefit, and if the recipient is asked or given the option to pay money, incur a cost or do anything that will incur a cost.
Marginal note:Non-application
(2) Subsection (1) does not apply if the recipient actually wins the prize or other benefit and the person who sends or causes the notice or document to be sent
(a) makes adequate and fair disclosure of the number and approximate value of the prizes or benefits, of the area or areas to which they have been allocated and of any fact within the person’s knowledge that materially affects the chances of winning;
(b) distributes the prizes or benefits without unreasonable delay; and
(c) selects participants or distributes the prizes or benefits randomly, or on the basis of the participants’ skill, in any area to which the prizes or benefits have been allocated.
Marginal note:Due diligence
(3) No person shall be convicted of an offence under this section who establishes that the person exercised due diligence to prevent the commission of the offence.
Marginal note:Offences by employees or agents
(4) In the prosecution of a corporation for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the corporation, whether or not the employee or agent is identified, unless the corporation establishes that the corporation exercised due diligence to prevent the commission of the offence.
Marginal note:Liability of officers and directors
(5) Where a corporation commits an offence under this section, any officer or director of the corporation who is in a position to direct or influence the policies of the corporation in respect of conduct prohibited by this section is a party to and guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted, unless the officer or director establishes that the officer or director exercised due diligence to prevent the commission of the offence.
Marginal note:Offence and punishment
(6) Any person who contravenes this section is guilty of an offence and liable
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years, or to both; or
(b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.
Marginal note:Sentencing
(7) In sentencing a person convicted of an offence under this section, the court shall consider, among other factors, the following aggravating factors:
(a) the use of lists of persons previously deceived by the commission of an offence under section 52.1 or this section;
(b) the particular vulnerability of recipients of the notices or documents referred to in subsection (1) to abusive tactics;
(c) the amount of the proceeds realized by the person from the commission of an offence under this section;
(d) previous convictions of the person under section 52 or 52.1 or this section; and
(e) the manner in which information is conveyed, including the use of abusive tactics.
7. The Act is amended by adding the following after section 65:
Marginal note:Contravention of subsection 30.06(5)
65.1 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 30.06(5) is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Destruction or alteration of records or things
(2) Every person who destroys or alters, or causes to be destroyed or altered, any record or thing in respect of which a search warrant is issued under section 30.06 or that is required to be produced pursuant to an order made under subsection 30.11(1) or 30.16(1) is guilty of an offence and liable
(a) on conviction on indictment to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or
(b) on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Refusal after objection overruled
65.2 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c) after a judge has ruled against the objection under paragraph 30.11(8)(a), is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Refusal where no ruling made on objection
(2) Every person is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both, who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c), where no ruling has been made under paragraph 30.11(8)(a),
(a) without giving the detailed statement required by subsection 30.11(9); or
(b) if the person was previously asked the same question or requested to produce the same record or thing and refused to do so and the reasons on which that person based the previous refusal were determined not to be well-founded by
(i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or
(ii) a court of the foreign state or by a person designated by the foreign state, if the reasons were based on a law that applies to the foreign state.
Marginal note:1999, c. 2, s. 21
8. Subsection 73(1) of the Act is replaced by the following:
Marginal note:Jurisdiction of Federal Court
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, 53, 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.
Marginal note:1999, c. 2, s. 22
9. Subsection 74.07(2) of the Act is replaced by the following:
Marginal note:Non-application
(2) Sections 74.01 to 74.06 do not apply in respect of conduct prohibited by sections 52.1, 53, 55 and 55.1.
Marginal note:1999, c. 2, s. 22
10. (1) Subsection 74.11(2) of the Act is replaced by the following:
Marginal note:Duration
(2) Subject to subsection (5), the order has effect, or may be extended on application by the Commissioner, for such period as the court considers necessary and sufficient to meet the circumstances of the case.
Marginal note:1999, c. 2, s. 22
(2) Subsection 74.11(5) of the Act is replaced by the following:
Marginal note:Duration of ex parte order
(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 court extends the order for such additional period as it considers necessary and sufficient.
Marginal note:Duty of Commissioner
(6) Where an order issued under this section is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry under section 10 arising out of the conduct in respect of which the order was issued.
- Date modified: