PART ICompetition Tribunal Act (continued)
Organization of Work
Marginal note:Sittings of Tribunal
10 (1) Subject to section 11, every application to the Tribunal shall be heard before not less than three or more than five members sitting together, at least one of whom is a judicial member and at least one of whom is a lay member.
Marginal note:Judicial member to preside at hearings
(2) The Chairman shall designate a judicial member to preside at any hearing or, if the Chairman is present at a hearing, may preside himself.
Marginal note:Prohibition where financial interest
(3) No member shall take part in any matter before the Tribunal in which the member has a direct or indirect financial interest.
Marginal note:Hearing of applications
11 (1) The Chairman of the Tribunal, sitting alone, or a judicial member designated by the Chairman, sitting alone, may hear and dispose of applications under subsection 100(1), section 103.1 or 103.3 or subsection 104(1) or 123.1(1) of the Competition Act and any related matters.
Marginal note:Administrative remedies
(2) Applications for orders under Part VII.1 of the Competition Act and any related matters shall be heard and disposed of by the Chairman of the Tribunal, sitting alone, or by a judicial member designated by the Chairman, sitting alone.
- R.S., 1985, c. 19 (2nd Supp.), s. 11
- 1999, c. 2, s. 43
- 2000, c. 15, s. 16
- 2002, c. 16, s. 19
- 2009, c. 2, s. 441
Marginal note:Questions of law, fact, mixed law and fact
Marginal note:Where there are differing opinions
(2) In any proceedings before the Tribunal,
Marginal note:Where member unable to take part in judgment
(3) Where a member of the Tribunal is unable to take part in the giving of judgment in any proceedings or has died, the other members sitting in those proceedings may, whether or not they include a judicial member or a lay member, give judgment and, for that purpose, shall be deemed to constitute the Tribunal.
13 (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.
Marginal note:Questions of fact
(2) An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal.
- R.S., 1985, c. 19 (2nd Supp.), s. 13
- 2002, c. 8, s. 130
Administration of Tribunal
14 [Repealed, 2014, c. 20, s. 447]
15 The Tribunal may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business.
Marginal note:When effective
Marginal note:Tabling of rules
(3) A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting.
(4) Five members of the Tribunal, at least three of whom are judicial members, constitute a quorum of the Tribunal for the purpose of making rules under this section.
- R.S., 1985, c. 19 (2nd Supp.), s. 16
- 2014, c. 20, s. 448
Marginal note:Advance publication of rules and amendments
17 Where the Tribunal proposes to make any rule under section 16, it
(a) shall give notice of the proposal by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations to it in writing with respect thereto within sixty days after the day of the publication; and
(b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposal either as originally published or as revised in such manner as the Tribunal deems advisable having regard to any representations so made to it.
PART IICombines Investigation Act
18 to 45 [Amendments]
PART IIIConsequential Amendments
Access to Information Act
47 and 48 [Amendments]
Energy Supplies Emergency Act
Farm Products Marketing Agencies Act
National Transportation Act
Public Service Staff Relations Act
Public Service Superannuation Act
Shipping Conferences Exemption Act
55 to 58 [Amendments]
Marginal note:References to s. 114 of Canada Corporations Act
59 (1) Wherever in any Act of Parliament a reference is made to section 114 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, in respect of a company or corporation, sections 229 to 234, 236 to 240 and 242 of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of that company or corporation.
(2) In construing the sections of the Canada Business Corporations Act made applicable to a company or corporation under this section, in the case of a company, or corporation, incorporated without share capital, security holder, or registered holder or beneficial owner in relation to a security, means a member of the company or corporation.
Marginal note:Powers of Directors
(3) A Director or Deputy Director appointed under section 260 of the Canada Business Corporations Act may, for the purpose of giving effect to this section with respect to the application of sections 229 to 234, 236 to 240 and 242 of that Act, exercise the powers and perform the functions and duties of the Director under those sections.
- R.S., 1985, c. 19 (2nd Supp.), s. 59
- 1994, c. 24, s. 34(F)
PART IVTransitional and Coming into Force
Marginal note:Old law applicable
(2) For the purposes of any inquiry or other matter or proceeding referred to in subsection (1), the Combines Investigation Act and any other Act of Parliament amended by this Act shall be read as if this Act had not come into force.
Marginal note:Members of the Commission may be appointed to Tribunal
(3) While the members continue in office in accordance with this section, they may, if so appointed, hold office as members of the Competition Tribunal, but any person who, pursuant to this subsection, holds more than one office is entitled to be remunerated only in respect of one of those offices.
(4) The Governor in Council may, by proclamation, repeal subsection (1) when the Governor in Council is satisfied that the Commission no longer has any inquiry or other matter or proceeding referred to in subsection (1) before it and that the Commission has reported to the Minister of Consumer and Corporate Affairs in respect of all inquiries before it.
- R.S., 1985, c. 19 (2nd Supp.), s. 60
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