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

Act current to 2017-10-13 and last amended on 2017-09-21. Previous Versions

Marginal note:Where application made under section 76, 79, 90.1 or 92

 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.

  • R.S., 1985, c. 19 (2nd Supp.), s. 31;
  • 2009, c. 2, s. 410.
Marginal note:Foreign directives
  •  (1) Any corporation, wherever incorporated, that carries on business in Canada and that implements, in whole or in part in Canada, a directive, instruction, intimation of policy or other communication to the corporation or any person from a person in a country other than Canada who is in a position to direct or influence the policies of the corporation, which communication is for the purpose of giving effect to a conspiracy, combination, agreement or arrangement entered into outside Canada that, if entered into in Canada, would have been in contravention of section 45, is, whether or not any director or officer of the corporation in Canada has knowledge of the conspiracy, combination, agreement or arrangement, guilty of an indictable offence and liable on conviction to a fine in the discretion of the court.

  • Marginal note:Limitation

    (2) No proceedings may be commenced under this section against a particular company where an application has been made by the Commissioner under section 83 for an order against that company or any other person based on the same or substantially the same facts as would be alleged in proceedings under this section.

  • R.S., 1985, c. C-34, s. 46;
  • R.S., 1985, c. 19 (2nd Supp.), s. 32;
  • 1999, c. 2, s. 37.

Definition of bid-rigging

  •  (1) In this section, bid-rigging means

    • (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

    • (b) the submission, in response to a call or request for bids or tenders, of bids or tenders that are arrived at by agreement or arrangement between or among two or more bidders or tenderers,

    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.

  • 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.

  • Marginal note:Exception

    (3) This section does not apply in respect of an agreement or arrangement that is entered into or a submission that is arrived at only by companies each of which is, in respect of every one of the others, an affiliate.

  • R.S., 1985, c. C-34, s. 47;
  • R.S., 1985, c. 19 (2nd Supp.), s. 33;
  • 2009, c. 2, s. 411.
Marginal note:Conspiracy relating to professional sport
  •  (1) Every one who conspires, combines, agrees or arranges with another person

    • (a) to limit unreasonably the opportunities for any other person to participate, as a player or competitor, in professional sport or to impose unreasonable terms or conditions on those persons who so participate, or

    • (b) to limit unreasonably the opportunity for any other person to negotiate with and, if agreement is reached, to play for the team or club of his choice in a professional league

    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 five years or to both.

  • Marginal note:Matters to be considered

    (2) In determining whether or not an agreement or arrangement contravenes subsection (1), the court before which the contravention is alleged shall have regard to

    • (a) whether the sport in relation to which the contravention is alleged is organized on an international basis and, if so, whether any limitations, terms or conditions alleged should, for that reason, be accepted in Canada; and

    • (b) the desirability of maintaining a reasonable balance among the teams or clubs participating in the same league.

  • Marginal note:Application

    (3) This section applies, and section 45 does not apply, to agreements and arrangements and to provisions of agreements and arrangements between or among teams and clubs engaged in professional sport as members of the same league and between or among directors, officers or employees of those teams and clubs where the agreements, arrangements and provisions relate exclusively to matters described in subsection (1) or to the granting and operation of franchises in the league, and section 45 applies and this section does not apply to all other agreements, arrangements and provisions thereof between or among those teams, clubs and persons.

  • 1974-75-76, c. 76, s. 15.
Marginal note:Agreements or arrangements of federal financial institutions
  •  (1) Subject to subsection (2), every federal financial institution that makes an agreement or arrangement with another federal financial institution with respect to

    • (a) the rate of interest on a deposit,

    • (b) the rate of interest or the charges on a loan,

    • (c) the amount or kind of any charge for a service provided to a customer,

    • (d) the amount or kind of a loan to a customer,

    • (e) the kind of service to be provided to a customer, or

    • (f) the person or classes of persons to whom a loan or other service will be made or provided or from whom a loan or other service will be withheld,

    and every director, officer or employee of the federal financial institution who knowingly makes such an agreement or arrangement on behalf of the federal financial institution is guilty of an indictable offence and liable to a fine not exceeding ten million dollars or to imprisonment for a term not exceeding five years or to both.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply in respect of an agreement or arrangement

    • (a) with respect to a deposit or loan made or payable outside Canada;

    • (b) applicable only in respect of the dealings of or the services rendered between federal financial institutions or by two or more federal financial institutions as regards a customer of each of those federal financial institutions where the customer has knowledge of the agreement or by a federal financial institution as regards a customer thereof, on behalf of that customer’s customers;

    • (c) with respect to a bid for or purchase, sale or underwriting of securities by federal financial institutions or a group including federal financial institutions;

    • (d) with respect to the exchange of statistics and credit information, the development and utilization of systems, forms, methods, procedures and standards, the utilization of common facilities and joint research and development in connection therewith, and the restriction of advertising;

    • (e) with respect to reasonable terms and conditions of participation in guaranteed or insured loan programs authorized pursuant to an Act of Parliament or of the legislature of a province;

    • (f) with respect to the amount of any charge for a service or with respect to the kind of service provided to a customer outside Canada, payable or performed outside Canada, or payable or performed in Canada on behalf of a person who is outside Canada;

    • (g) with respect to the persons or classes of persons to whom a loan or other service will be made or provided outside Canada;

    • (h) in respect of which the Minister of Finance has certified to the Commissioner that Minister’s request for or approval of the agreement or arrangement for the purposes of financial policy and has certified the names of the parties to the agreement or arrangement; or

    • (i) that is entered into only by financial institutions each of which is an affiliate of each of the others.

  • Definition of federal financial institution

    (3) In this section and section 45, federal financial institution means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act, a company to which the Trust and Loan Companies Act applies or a company or society to which the Insurance Companies Act applies.

  • 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.

  • R.S., 1985, c. C-34, s. 49;
  • R.S., 1985, c. 19 (2nd Supp.), s. 34;
  • 1991, c. 45, s. 548, c. 46, ss. 591, 593, c. 47, s. 715;
  • 1993, c. 34, s. 51;
  • 1999, c. 2, s. 37, c. 28, s. 153, c. 31, s. 49(F);
  • 2009, c. 2, s. 412.
 
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