Budget Implementation Act, 2009 (S.C. 2009, c. 2)
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Assented to 2009-03-12
PART 12R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19COMPETITION ACT
Amendments to the Act
Marginal note:1999, c. 2, s. 11(4)
409. Subsection 34(6) of the Act is replaced by the following:
Marginal note:Punishment for disobedience
(6) A court may punish any person who contravenes an order made under this section by a fine in the discretion of the court or by imprisonment for a term not exceeding five years.
Marginal note:R.S., c. 19 (2nd Supp.), ss. 30 and 31; 1991, c. 47, s. 714
410. Sections 45 and 45.1 of the Act are replaced by the following:
Marginal note:Conspiracies, agreements or arrangements between competitors
45. (1) Every person commits an offence who, with a competitor of that person with respect to a product, conspires, agrees or arranges
(a) to fix, maintain, increase or control the price for the supply of the product;
(b) to allocate sales, territories, customers or markets for the production or supply of the product; or
(c) to fix, maintain, control, prevent, lessen or eliminate the production or supply of the product.
Marginal note:Penalty
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable on conviction to imprisonment for a term not exceeding 14 years or to a fine not exceeding $25 million, or to both.
Marginal note:Evidence of conspiracy, agreement or arrangement
(3) In a prosecution under subsection (1), the court may infer the existence of a conspiracy, agreement or arrangement from circumstantial evidence, with or without direct evidence of communication between or among the alleged parties to it, but, for greater certainty, the conspiracy, agreement or arrangement must be proved beyond a reasonable doubt.
Marginal note:Defence
(4) No person shall be convicted of an offence under subsection (1) in respect of a conspiracy, agreement or arrangement that would otherwise contravene that subsection if
(a) that person establishes, on a balance of probabilities, that
(i) it is ancillary to a broader or separate agreement or arrangement that includes the same parties, and
(ii) it is directly related to, and reasonably necessary for giving effect to, the objective of that broader or separate agreement or arrangement; and
(b) the broader or separate agreement or arrangement, considered alone, does not contravene that subsection.
Marginal note:Defence
(5) No person shall be convicted of an offence under subsection (1) in respect of a conspiracy, agreement or arrangement that relates only to the export of products from Canada, unless the conspiracy, agreement or arrangement
(a) has resulted in or is likely to result in a reduction or limitation of the real value of exports of a product;
(b) has restricted or is likely to restrict any person from entering into or expanding the business of exporting products from Canada; or
(c) is in respect only of the supply of services that facilitate the export of products from Canada.
Marginal note:Exception
(6) Subsection (1) does not apply if the conspiracy, agreement or arrangement
(a) is entered into only by companies each of which is, in respect of every one of the others, an affiliate; or
(b) is between federal financial institutions and is described in subsection 49(1).
Marginal note:Common law principles — regulated conduct
(7) The rules and principles of the common law that render a requirement or authorization by or under another Act of Parliament or the legislature of a province a defence to a prosecution under subsection 45(1) of this Act, as it read immediately before the coming into force of this section, continue in force and apply in respect of a prosecution under subsection (1).
Marginal note:Definitions
(8) The following definitions apply in this section.
“competitor”
« concurrent »
“competitor” includes a person who it is reasonable to believe would be likely to compete with respect to a product in the absence of a conspiracy, agreement or arrangement to do anything referred to in paragraphs (1)(a) to (c).
“price”
« prix »
“price” includes any discount, rebate, allowance, price concession or other advantage in relation to the supply of a product.
Marginal note:Where application made under section 76, 79, 90.1 or 92
45.1 No proceedings may be commenced under subsection 45(1) against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is sought by the Commissioner under section 76, 79, 90.1 or 92.
411. (1) Paragraph 47(1)(a) of the Act is replaced by the following:
(a) an agreement or arrangement between or among two or more persons whereby one or more of those persons agrees or undertakes not to submit a bid or tender in response to a call or request for bids or tenders, or agrees or undertakes to withdraw a bid or tender submitted in response to such a call or request, or
(2) The portion of subsection 47(1) of the Act after paragraph (b) is replaced by the following:
where the agreement or arrangement is not made known to the person calling for or requesting the bids or tenders at or before the time when any bid or tender is submitted or withdrawn, as the case may be, by any person who is a party to the agreement or arrangement.
(3) Subsection 47(2) of the Act is replaced by the following:
Marginal note:Bid-rigging
(2) Every person who is a party to bid-rigging is guilty of an indictable offence and liable on conviction to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both.
412. Section 49 of the Act is amended by adding the following after subsection (3):
Marginal note:Where proceedings commenced under section 76, 79, 90.1 or 92
(4) No proceedings may be commenced under this section against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is sought by the Commissioner under section 76, 79, 90.1 or 92.
Marginal note:1999, c. 31, s. 50(F)
413. Sections 50 and 51 of the Act are repealed.
Marginal note:1999, c. 2, s. 12(1)
414. (1) Subsection 52(1.1) of the Act is replaced by the following:
Marginal note:Proof of certain matters not required
(1.1) For greater certainty, in establishing that subsection (1) was contravened, it is not necessary to prove that
(a) any person was deceived or misled;
(b) any member of the public to whom the representation was made was within Canada; or
(c) the representation was made in a place to which the public had access.
(2) Paragraph 52(5)(a) of the Act is replaced by the following:
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or
Marginal note:1999, c. 2, s. 13
415. Paragraph 52.1(9)(a) of the Act is replaced by the following:
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or
Marginal note:2002, c. 16, s. 6
416. Paragraph 53(6)(a) of the Act is replaced by the following:
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or
Marginal note:R.S., c. 19 (2nd Supp.), s. 36; 1990, c. 37, s. 30; 1999, c. 31, s. 51(F)
417. Section 61 of the Act is repealed.
418. Subsection 64(2) of the Act is replaced by the following:
Marginal note:Offence and punishment
(2) Every person who contravenes subsection (1) is guilty of an offence and
(a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or
(b) liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:R.S., c. 19 (2nd Supp.), s. 38; 1999, c. 2, s. 18
419. Subsections 65(1) to (3) of the Act are replaced by the following:
Marginal note:Contravention of Part II provisions
65. (1) Every person who, without good and sufficient cause, the proof of which lies on that person, fails to comply with an order made under section 11 and every person who contravenes subsection 15(5) or 16(2) is guilty of an offence and
(a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding two years, or to both; or
(b) liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Failure to supply information
(2) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 114(1) is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $50,000.
Marginal note:Destruction or alteration of records or things
(3) Every person who destroys or alters, or causes to be destroyed or altered, any record or other thing that is required to be produced under section 11 or in respect of which a warrant is issued under section 15 is guilty of an offence and
(a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or
(b) liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.
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