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

Act current to 2015-02-04 and last amended on 2014-11-01. Previous Versions

Marginal note:Consent agreement
  •  (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part may sign a consent agreement.

  • Marginal note:Terms of consent agreement

    (2) The consent agreement shall be based on terms that could be the subject of an order of a court against that person, and may include other terms, whether or not they could be imposed by the court.

  • Marginal note:Registration

    (3) The consent agreement may be filed with the court for immediate registration.

  • Marginal note:Effect of registration

    (4) Upon registration of the consent agreement, the proceedings, if any, are terminated and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the court.

  • 1999, c. 2, s. 22;
  • 2002, c. 16, s. 11.
Marginal note:Rescission or variation of consent agreement or order

 The court may rescind or vary a consent agreement that it has registered or an order that it has made under this Part, on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the court finds that

  • (a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or

  • (b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order.

  • 1999, c. 2, s. 22;
  • 2002, c. 16, s. 11.
Marginal note:Evidence

 In determining whether or not to make an order under this Part, the court shall not exclude from consideration any evidence by reason only that it might be evidence in respect of an offence under this Act or in respect of which another order could be made by the court under this Act.

  • 1999, c. 2, s. 22.
Marginal note:Unpaid monetary penalty

 The amount of an administrative monetary penalty imposed on a person under paragraph 74.1(1)(c) is a debt due to Her Majesty in right of Canada and may be recovered as such from that person in a court of competent jurisdiction.

  • 1999, c. 2, s. 22.
Marginal note:Where proceedings commenced under section 52 or 52.01

 No application may be made under this Part against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which proceedings have been commenced against that person under section 52 or 52.01.

  • 1999, c. 2, s. 22;
  • 2010, c. 23, s. 81.