An Act to amend the Competition Act and the Competition Tribunal Act (S.C. 2002, c. 16)
Full Document:
Assented to 2002-06-04
Marginal note:R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(z.12)
13. (1) Subsection 104(1) of the Act is replaced by the following:
Marginal note:Interim order
104. (1) Where an application has been made for an order under this Part, other than an interim order under section 100 or 103.3, the Tribunal, on application by the Commissioner or a person who has made an application under section 75 or 77, 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.
Marginal note:R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37 (z.12)
(2) Subsection 104(3) of the Act is replaced by the following:
Marginal note:Duty of Commissioner
(3) Where an interim order issued under subsection (1) on application by the Commissioner is in effect, the Commissioner shall proceed as expeditiously as possible to complete proceedings under this Part arising out of the conduct in respect of which the order was issued.
13.1 Section 104.1 of the Act is amended by adding the following after subsection (5):
Marginal note:Application to Tribunal for extension
(5.1) The Commissioner may, before the expiry of the second 30-day period referred to in subsection (5) or of the period fixed by the Tribunal under subsection (7), as the case may be, apply to the Tribunal for a further extension of the temporary order.
Marginal note:Notice of application by Commissioner
(5.2) The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the temporary order is made.
Marginal note:Extension of temporary order
(5.3) The Tribunal may order that the effective period of the temporary order be extended if
(a) the Commissioner establishes that information requested for the purpose of the inquiry has not yet been provided or that more time is needed in order to review the information;
(b) the information was requested within the initial period that the temporary order had effect, within the first 30 days after an order extending the temporary order under subsection (5) had effect, or within the first 30 days after an order extending the temporary order made under subsection (7) had effect, as the case may be, and
(i) the provision of such information is the subject of a written undertaking, or
(ii) the information was ordered to be provided under section 11; and
(c) the information is reasonably required to determine whether grounds exist for the Commissioner to make an application under section 79.
Marginal note:Terms
(5.4) An order extending a temporary order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection.
Marginal note:Effect of application
(5.5) If an application is made under subsection (5.1), the temporary order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3).
Marginal note:R.S., c. 19, (2nd Supp.), s. 45; 1999, c. 2, par. 37(z.13)
14. Sections 105 and 106 of the Act are replaced by the following:
Marginal note:Consent agreement
105. (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part, other than an interim order under section 103.3 or a temporary order under section 104.1, may sign a consent agreement.
Marginal note:Terms of consent agreement
(2) The consent agreement shall be based on terms that could be the subject of an order of the Tribunal against that person.
Marginal note:Registration
(3) The consent agreement may be filed with the Tribunal for immediate registration.
Marginal note:Effect of registration
(4) Upon registration of the consent agreement, the proceedings, if any, are terminated, and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.
Marginal note:Rescission or variation of consent agreement or order
106. (1) The Tribunal may rescind or vary a consent agreement or an order made under this Part other than an order under section 103.3 or 104.1 or a consent agreement under section 106.1, on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the Tribunal finds that
(a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or
(b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order.
Marginal note:Directly affected persons
(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.
Marginal note:Consent agreement — parties to a private action
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.
Marginal note:Notice to Commissioner
(2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay.
Marginal note:Publication
(3) The consent agreement shall be published without delay in the Canada Gazette.
Marginal note:Registration
(4) The consent agreement shall be registered 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.
Marginal note:Effect of registration
(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.
Marginal note:Commissioner may intervene
(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.
Marginal note:Notice
(7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement.
Marginal note:R.S., c. 19 (2nd Supp.), s. 45
15. The headings before section 125 of the Act are replaced by the following:
PART XGENERAL
Commissioner’s Opinions
Marginal note:Application for written opinion
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.
Marginal note:Opinion binding
(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.
References to Tribunal
Marginal note:Reference if parties agree
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.
Marginal note:Reference by Commissioner
(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.
Marginal note:Reference by agreement of parties to a private action
(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.
Marginal note:Reference procedure
(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.
Representations to Boards, Commissions or Other Tribunals
R.S., c. 19, (2nd Supp.), Part ICOMPETITION TRIBUNAL ACT
16. Paragraph 3(2)(a) of the Competition Tribunal Act is replaced by the following:
(a) not more than six 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
Marginal note:1999, c. 2, s. 41
16.1 Subsection 8(1) of the Act is replaced by the following:
Marginal note:Jurisdiction
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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