Competition Act (R.S.C., 1985, c. C-34)

Act current to 2016-05-12 and last amended on 2015-03-09. Previous Versions

Marginal note:Status of certificate

 An affidavit, certificate or other statement mentioned in section 30.26 or 30.27 is, in the absence of evidence to the contrary, proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • 2002, c. 16, s. 3.

General

Marginal note:Confidentiality of foreign requests and evidence
  •  (1) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person, except for the purposes of the administration or enforcement of this Act,

    • (a) the contents of a request made to Canada from a foreign state or the fact of the request having been made; or

    • (b) the contents of any record or thing obtained from a foreign state pursuant to a Canadian request.

  • Marginal note:Confidentiality of Canadian evidence

    (2) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person, except to a Canadian law enforcement agency or for the purposes of the administration or enforcement of this Act, any information obtained under section 30.06 or 30.11.

  • Marginal note:Exception

    (3) This section does not apply in respect of any information that has been made public.

  • 2002, c. 16, s. 3.
Marginal note:Records or other things already in Commissioner’s possession
  •  (1) For greater certainty, any evidence requested by a foreign state under an agreement may be obtained for the purposes of giving effect to the request only in accordance with the agreement and the procedure set out in this Part, even in the case of records or other things already in the possession of the Commissioner.

  • Marginal note:Exception

    (2) This section does not apply in respect of any information that has been made public or any information the communication of which was authorized by the person who provided the information.

  • 2002, c. 16, s. 3.
Marginal note:Preservation of informal arrangements

 Nothing in this Part shall be construed so as to abrogate or derogate from any arrangement or agreement, other than an agreement under this Part, in respect of cooperation between the Commissioner and a foreign authority.

  • 2002, c. 16, s. 3.

PART IVSpecial Remedies

Marginal note:Reduction or removal of customs duties

 Whenever, as a result of an inquiry under this Act, a judgment of a court or a decision of the Tribunal, it appears to the satisfaction of the Governor in Council that

  • (a) competition in respect of any article has been prevented or lessened substantially, and

  • (b) the prevention or lessening of competition is facilitated by customs duties imposed on the article, or on any like article, or can be reduced by a removal or reduction of customs duties so imposed,

the Governor in Council may, by order, remove or reduce any such customs duties.

  • R.S., 1985, c. C-34, s. 31;
  • R.S., 1985, c. 19 (2nd Supp.), s. 27;
  • 1999, c. 31, s. 48(F).
Marginal note:Powers of Federal Court where certain rights used to restrain trade
  •  (1) In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more trade-marks, by a copyright or by a registered integrated circuit topography, so as to

    • (a) limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article or commodity that may be a subject of trade or commerce,

    • (b) restrain or injure, unduly, trade or commerce in relation to any such article or commodity,

    • (c) prevent, limit or lessen, unduly, the manufacture or production of any such article or commodity or unreasonably enhance the price thereof, or

    • (d) prevent or lessen, unduly, competition in the production, manufacture, purchase, barter, sale, transportation or supply of any such article or commodity,

    the Federal Court may make one or more of the orders referred to in subsection (2) in the circumstances described in that subsection.

  • Marginal note:Orders

    (2) The Federal Court, on an information exhibited by the Attorney General of Canada, may, for the purpose of preventing any use in the manner defined in subsection (1) of the exclusive rights and privileges conferred by any patents for invention, trade-marks, copyrights or registered integrated circuit topographies relating to or affecting the manufacture, use or sale of any article or commodity that may be a subject of trade or commerce, make one or more of the following orders:

    • (a) declaring void, in whole or in part, any agreement, arrangement or licence relating to that use;

    • (b) restraining any person from carrying out or exercising any or all of the terms or provisions of the agreement, arrangement or licence;

    • (c) directing the grant of licences under any such patent, copyright or registered integrated circuit topography to such persons and on such terms and conditions as the court may deem proper or, if the grant and other remedies under this section would appear insufficient to prevent that use, revoking the patent;

    • (d) directing that the registration of a trade-mark in the register of trade-marks or the registration of an integrated circuit topography in the register of topographies be expunged or amended; and

    • (e) directing that such other acts be done or omitted as the Court may deem necessary to prevent any such use.

  • Marginal note:Treaties, etc.

    (3) No order shall be made under this section that is at variance with any treaty, convention, arrangement or engagement with any other country respecting patents, trade-marks, copyrights or integrated circuit topographies to which Canada is a party.

  • R.S., 1985, c. C-34, s. 32;
  • R.S., 1985, c. 10 (4th Supp.), s. 18;
  • 1990, c. 37, s. 29;
  • 2002, c. 16, s. 4(F).
Marginal note:Interim injunction
  •  (1) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an interim injunction forbidding any person named in the application from doing any act or thing that it appears to the court could constitute or be directed toward the commission of an offence under Part VI — other than an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53 — or under section 66, pending the commencement or completion of a proceeding under subsection 34(2) or a prosecution against the person, if it appears to the court that

    • (a) the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence; and

    • (b) if the offence is committed or continued,

      • (i) injury to competition that cannot adequately be remedied under any other provision of this Act will result, or

      • (ii) serious harm is likely to ensue unless the injunction is issued and the balance of convenience favours issuing the injunction.

  • Marginal note:Injunction — offences involving telecommunication

    (1.1) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction forbidding any person named in the application from doing any act or thing that it appears to the court could constitute or be directed toward the commission of an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53, if it appears to the court that

    • (a) the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence;

    • (b) if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and

    • (c) the balance of convenience favours issuing the injunction.

  • Marginal note:Injunction against third parties — offences involving telecommunication

    (1.2) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction ordering any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to commit or continue an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53, or to do any act or thing that it appears to the court could prevent the commission or continuation of such an offence, if it appears to the court that

    • (a) a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence;

    • (b) if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and

    • (c) the balance of convenience favours issuing the injunction.

  • Marginal note:Notice of application

    (2) Subject to subsection (3), at least 48 hours’ notice of an application for an injunction under subsection (1), (1.1) or (1.2) shall be given by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, to each person against whom the injunction is sought.

  • Marginal note:Ex parte application

    (3) If a court to which an application is made under subsection (1), (1.1) or (1.2) is satisfied that subsection (2) cannot reasonably be complied with, or that the urgency of the situation is such that service of notice in accordance with subsection (2) would not be in the public interest, it may proceed with the application ex parte but any injunction issued under subsection (1), (1.1) or (1.2) by the court on ex parte application has effect only for the period, not exceeding 10 days, that is specified in the order.

  • Marginal note:Terms of injunction

    (4) An injunction issued under subsection (1), (1.1) or (1.2)

    • (a) shall be in the terms that the court that issues it considers necessary and sufficient to meet the circumstances of the case; and

    • (b) subject to subsection (3), has effect for the period that is specified in the order.

  • Marginal note:Extension or cancellation of injunction

    (5) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, or by or on behalf of any person to whom the injunction is directed, on at least 48 hours’ notice of the application to all other parties to the injunction, a court that issues an injunction under subsection (1), (1.1) or (1.2) may, by order,

    • (a) despite subsections (3) and (4), continue the injunction, with or without modification, for any definite period that is specified in the order; or

    • (b) revoke the injunction.

  • Marginal note:Duty of applicant

    (6) If an injunction is issued under subsection (1), (1.1) or (1.2), the Attorney General of Canada or the attorney general of a province, as the case may be, shall proceed as expeditiously as possible to institute and conclude any prosecution or proceedings arising out of the acts or things on the basis of which the injunction was issued.

  • Marginal note:Punishment for disobedience

    (7) A court may punish any person who contravenes an injunction issued by it under subsection (1), (1.1) or (1.2) by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.

  • Definition of court

    (8) In this section, court means the Federal Court or a superior court of criminal jurisdiction as defined in the Criminal Code.

  • R.S., 1985, c. C-34, s. 33;
  • 1993, c. 34, s. 50;
  • 1999, c. 2, s. 10;
  • 2002, c. 16, s. 5;
  • 2010, c. 23, s. 73.
 
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