Competition Act

Marginal note:Definitions

• 2 (1) In this Act,

  article

  article

  article means real and personal property of every description including

  • (a) money,

  • (b) deeds and instruments relating to or evidencing the title or right to property or an interest, immediate, contingent or otherwise, in a corporation or in any assets of a corporation,

  • (c) deeds and instruments giving a right to recover or receive property,

  • (d) tickets or like evidence of right to be in attendance at a particular place at a particular time or times or of a right to transportation, and

  • (e) energy, however generated; (article)

  business

  entreprise

  business includes the business of

  • (a) manufacturing, producing, transporting, acquiring, supplying, storing and otherwise dealing in articles, and

  • (b) acquiring, supplying and otherwise dealing in services.

  It also includes the raising of funds for charitable or other non-profit purposes. (entreprise)

  Commission

  Commission[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

  Commissioner

  commissaire

  Commissioner means the Commissioner of Competition appointed under subsection 7(1); (commissaire)

  computer system

  ordinateur

  computer system has the same meaning as in subsection 342.1(2) of the Criminal Code; (ordinateur)

  data

  données

  data, other than in Part III, means signs, signals, symbols or concepts that are being prepared or have been prepared in a form suitable for use in a computer system; (données)

  Director

  Director[Repealed, 1999, c. 2, s. 1]

  electronic message

  message électronique

  electronic message means a message sent by any means of telecommunication, including a text, sound, voice or image message; (message électronique)

  information

  renseignement

  information includes data; (renseignement)

  locator

  localisateur

  locator means a name or information used to identify a source of data on a computer system, and includes a URL; (localisateur)

  merger

  merger[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

  Minister

  ministre

  Minister means the Minister of Industry; (ministre)

  monopoly

  monopoly[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

  product

  produit

  product includes an article and a service; (produit)

  record

  document

  record means any information that is recorded on any medium and that is capable of being understood by a person or read by a computer system or other device; (document)

  sender information

  renseignements sur l’expéditeur

  sender information means the part of an electronic message — including the data relating to source, routing, addressing or signalling — that identifies or purports to identify the sender or the origin of the message; (renseignements sur l’expéditeur)

  service

  service

  service means a service of any description whether industrial, trade, professional or otherwise; (service)

  subject matter information

  objet

  subject matter information means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them; (objet)

  supply

  fournir ou approvisionner

  supply means,

  • (a) in relation to an article, sell, rent, lease or otherwise dispose of an article or an interest therein or a right thereto, or offer so to dispose of an article or interest therein or a right thereto, and

  • (b) in relation to a service, sell, rent or otherwise provide a service or offer so to provide a service; (fournir ou approvisionner)

  trade, industry or profession

  commerce, industrie ou profession

  trade, industry or profession includes any class, division or branch of a trade, industry or profession; (commerce, industrie ou profession)

  Tribunal

  Tribunal

  Tribunal means the Competition Tribunal established by subsection 3(1) of the Competition Tribunal Act. (Tribunal)

• Marginal note:Affiliated corporation, partnership or sole proprietorship

  (2) For the purposes of this Act,

  • (a) one corporation is affiliated with another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person;

  • (b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other; and

  • (c) a partnership or sole proprietorship is affiliated with another partnership, sole proprietorship or a company if both are controlled by the same person.

• Marginal note:Subsidiary corporation

  (3) For the purposes of this Act, a corporation is a subsidiary of another corporation if it is controlled by that other corporation.

• Marginal note:Control

  (4) For the purposes of this Act,

  • (a) a corporation is controlled by a person other than Her Majesty if

    • (i) securities of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and

    • (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;

  • (b) a corporation is controlled by Her Majesty in right of Canada or a province if

    • (i) the corporation is controlled by Her Majesty in the manner described in paragraph (a), or

    • (ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by

      • (A) the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or

      • (B) a Minister of the government of Canada or the province, as the case may be; and

  • (c) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than fifty per cent of the profits of the partnership or more than fifty per cent of its assets on dissolution.