Fall Economic Statement Implementation Act, 2023 (S.C. 2024, c. 15)
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Assented to 2024-06-20
PART 5Various Measures (continued)
DIVISION 41997, c. 13; 2018, c. 9, s. 2Tobacco and Vaping Products Act (continued)
218 The Act is amended by adding the following after section 46:
Marginal note:Offences related to fees and charges
46.1 Every manufacturer who contravenes subsection 42.12(1) or (2) or an order made under subsection 42.16(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
DIVISION 5R.S., c. C-21; S.C. 2001, c. 9, s. 218Canadian Payments Act
Amendments to the Act
219 (1) Paragraph (b) of the definition central cooperative credit society and central in subsection 2(1) of the English version of the Canadian Payments Act is replaced by the following:
(b) whose directors are wholly or primarily individuals elected or appointed by local cooperative credit societies; (société coopérative de crédit centrale ou centrale)
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- entity
entity includes a corporation, trust, partnership, fund, agency and unincorporated association or organization; (entité)
- person
person includes an entity; (personne)
220 (1) Paragraph 4(2)(a) of the Act is replaced by the following:
(a) a central, a trust company, a loan company, a local and any other person that accepts deposits transferable by order;
(b) a clearing house, as defined in section 2 of the Payment Clearing and Settlement Act, of a clearing and settlement system designated under subsection 4(1) of that Act;
(2) Subsection 4(2) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) a payment service provider, as defined in section 2 of the Retail Payment Activities Act, that performs retail payment activities, as defined in that section.
221 The portion of subsection 9(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Ineligibility
9 (1) No individual is eligible to be a director if they are
222 (1) Subparagraph 18(1)(k)(ii) of the Act is replaced by the following:
(ii) the remuneration of directors referred to in paragraph 8(1)(d) and of individuals referred to in subsection 21.2(7),
(2) Subparagraph 18(1)(k)(iii) of the English version of the Act is replaced by the following:
(iii) the procedures for the nomination, selection and appointment of individuals to be members of the Stakeholder Advisory Council or the Member Advisory Council.
223 Subsection 20(1) of the French version of the Act is replaced by the following:
Marginal note:Comité de nomination
20 (1) Le conseil constitue un comité de nomination chargé de désigner des candidats compétents et de proposer leur candidature à l’élection d’administrateurs.
224 Section 21 of the Act is replaced by the following:
Marginal note:Other committees
21 The Board may, subject to the regulations, establish other committees consisting of such individuals as the Board considers appropriate.
225 (1) Subsection 21.2(1) of the Act is replaced by the following:
Marginal note:Stakeholder Advisory Council
21.2 (1) There shall be a Stakeholder Advisory Council consisting of individuals who are independent of the Association and of its members and are appointed by the Board in consultation with the Minister.
(2) Subsection 21.2(5) of the Act is replaced by the following:
Marginal note:Representative character
(5) The Council shall be broadly representative of users and payment service providers that are not members of the Association.
(3) The portion of subsection 21.2(7) of the Act before paragraph (a) is replaced by the following:
Marginal note:Remuneration
(7) The Association may pay the remuneration that is fixed by by-law to the following individuals:
(4) Paragraph 21.2(7)(b) of the Act is replaced by the following:
(b) any individual who represents the interests of such a member or who is represented by such a member.
226 Subsection 21.4(1) of the Act is replaced by the following:
Marginal note:Member Advisory Council
21.4 (1) There shall be a Member Advisory Council consisting of individuals appointed by the Board.
227 Paragraph 35(1)(b) of the English version of the Act is replaced by the following:
(b) respecting the election of directors of the Association, including the eligibility of individuals to be elected as directors, and defining independent for the purposes of paragraph 8(1)(d);
228 Paragraph 40(1)(a) of the English version of the Act is replaced by the following:
(a) the conditions an entity must meet to become a participant in the designated payment system;
229 Section 49 of the Act is replaced by the following:
Marginal note:Review
50 On the fourth anniversary of the day on which this section comes into force, the Minister shall cause to be conducted a review of this Act and its operation and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
Coming into Force
Marginal note:Order in council
230 Sections 219 to 228 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 6Measures Related to Competition
R.S., c. C-34; R.S., c. 29 (2nd Supp.), s. 19Competition Act
231 Subsections 19(4) and (5) of the Competition Act are replaced by the following:
Marginal note:Determination of claim to privilege
(4) A judge of a superior or county court in the province in which a record placed in custody under this section was ordered to be produced or in which it was found, or of the Federal Court, sitting in camera, may decide the question of solicitor-client privilege in relation to the record on application made in accordance with the rules of the court by the Commissioner or the owner of the record or the person in whose possession it was found if notice of the application has been given by the applicant to all other persons entitled to make application.
232 Section 45.1 of the Act is replaced by the following:
Marginal note:Application made under section 76, 79, 90.1 or 92
45.1 No proceedings may be commenced under subsection 45(1) or (1.1) 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.
233 Subsection 52(7) of the Act is replaced by the following:
Marginal note:Duplication of proceedings
(7) No proceedings may be commenced under this section against a person against whom an order is, on application by the Commissioner, sought under Part VII.1 on the basis of the same or substantially the same facts as would be alleged in proceedings under this section.
233.1 Subsection 52(1.3) of the Act is replaced by the following:
Marginal note:Drip pricing
(1.3) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsection (1) by or under an Act of Parliament or the legislature of a province.
234 (1) Section 52.01 of the Act is amended by adding the following after subsection (4):
Marginal note:Drip pricing
(4.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Parliament or the legislature of a province.
(2) Subsection 52.01(8) of the Act is replaced by the following:
Marginal note:Application made under Part VII.1
(8) 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, on application by the Commissioner, sought under Part VII.1.
235 Subsection 67(4) of the Act is replaced by the following:
Marginal note:Corporations — trials with or without jury
(4) Despite anything in the Criminal Code or in any other statute or law, the following rules apply to corporations charged with an offence under this Act:
(a) if one or more corporations are charged and no individual is charged in the same indictment, the corporation or corporations are to be tried without a jury;
(b) if one or more corporations and a single individual are charged in the same indictment, then, unless the court is satisfied that the ends of justice require otherwise, the corporation or corporations are to be tried
(i) without a jury if the individual elects or re-elects to be tried without a jury, or
(ii) with a jury if the individual elects or re-elects to be tried with a jury; and
(c) if one or more corporations and two or more individuals are charged in the same indictment, then, unless the court is satisfied that the ends of justice require otherwise, the corporation or corporations are to be tried
(i) without a jury if all the individuals elect or re-elect to be tried without a jury,
(ii) with a jury if all the individuals elect or re-elect to be tried with a jury, or
(iii) either with or without a jury, as determined by the Attorney General of Canada for each corporation, if some but not all of the individuals elect or re-elect to be tried without a jury.
236 (1) Subsection 74.01(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) makes a representation to the public in the form of a statement, warranty or guarantee of a product’s benefits for protecting or restoring the environment or mitigating the environmental, social and ecological causes or effects of climate change that is not based on an adequate and proper test, the proof of which lies on the person making the representation;
(b.2) makes a representation to the public with respect to the benefits of a business or business activity for protecting or restoring the environment or mitigating the environmental and ecological causes or effects of climate change that is not based on adequate and proper substantiation in accordance with internationally recognized methodology, the proof of which lies on the person making the representation; or
(1.1) Subsection 74.01(1.1) of the Act is replaced by the following:
Marginal note:Drip pricing
(1.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsection (1) by or under an Act of Parliament or the legislature of a province.
(2) Subsection 74.01(3) of the Act is replaced by the following:
Marginal note:Ordinary price: supplier’s own
(3) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means, makes a representation to the public as to the price at which a product or like products have been, are or will be ordinarily supplied by the person making the representation unless that person, having regard to the nature of the product and the relevant geographic market, establishes that
(a) they have sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation, as the case may be; or
(b) they have offered the product at that price or a higher price in good faith for a substantial period of time recently before or immediately after the making of the representation, as the case may be.
237 Section 74.011 of the Act is amended by adding the following after subsection (3):
Marginal note:Drip pricing
(3.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Parliament or the legislature of a province.
Marginal note:Proof of deception not required
(3.2) For greater certainty, in determining whether or not the person who made the representation engaged in the reviewable conduct, it is not necessary to establish that any person was deceived or misled.
238 Section 74.09 of the Act is replaced by the following:
Marginal note:Definition of court
74.09 In sections 74.1 to 74.14 and 74.18, court means
(a) in respect of an application by the Commissioner, the Tribunal, the Federal Court or the superior court of a province; and
(b) in respect of an application made by a person granted leave under section 103.1, the Tribunal.
239 (1) The portion of subsection 74.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Determination of reviewable conduct and judicial order
74.1 (1) If, on application by the Commissioner or a person granted leave under section 103.1, a court determines that a person is engaging in or has engaged in reviewable conduct under this Part, the court may order the person
(2) The portion of subsection 74.1(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Meaning of subsequent order
(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), (b.1) or (c), subsection 74.01(2) or (3) or section 74.011, 74.02, 74.04, 74.05 or 74.06 is a subsequent order if
(3) Paragraph 74.1(6)(c) of the Act is replaced by the following:
(c) in the case of an order in respect of conduct reviewable under paragraph 74.01(1)(a) or section 74.011, the person was previously convicted of an offence under section 52, or under paragraph 52(1)(a) as it read immediately before the coming into force of this Part; or
(4) Section 74.1 of the Act is amended by adding the following after subsection (9):
Marginal note:Inferences
(10) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application.
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