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

Act current to 2016-11-21 and last amended on 2015-03-09. Previous Versions

Marginal note:Inspection of records and things
  •  (1) All records or other things obtained or received by the Commissioner may be inspected by the Commissioner and also by such persons as he directs.

  • Marginal note:Copies

    (2) Copies of any records referred to in subsection (1), made by any process of reproduction, on proof orally or by affidavit that they are true copies, are admissible in evidence in any proceedings under this Act and have the same probative force as the original.

  • Marginal note:Proof

    (3) Where proof referred to in subsection (2) is offered by affidavit, it is not necessary to prove the signature or official character of the deponent, if that information is set out in the affidavit, or to prove the signature or official character of the person before whom the affidavit was sworn.

  • R.S., 1985, c. C-34, s. 20;
  • R.S., 1985, c. 19 (2nd Supp.), s. 24;
  • 1999, c. 2, s. 37;
  • 2010, c. 23, s. 72.
Marginal note:Counsel

 Whenever in the opinion of the Commissioner the public interest so requires, the Commissioner may apply to the Attorney General of Canada to appoint and instruct counsel to assist in an inquiry under section 10, and on such an application the Attorney General of Canada may appoint and instruct counsel accordingly.

  • R.S., 1985, c. C-34, s. 21;
  • R.S., 1985, c. 19 (2nd Supp.), s. 24;
  • 1999, c. 2, s. 37.
Marginal note:Discontinuance of inquiry
  •  (1) At any stage of an inquiry under section 10, if the Commissioner is of the opinion that the matter being inquired into does not justify further inquiry, the Commissioner may discontinue the inquiry.

  • Marginal note:Report

    (2) The Commissioner shall, on discontinuing an inquiry, make a report in writing to the Minister showing the information obtained and the reason for discontinuing the inquiry.

  • Marginal note:Notice to applicant

    (3) Where an inquiry made on application under section 9 is discontinued, the Commissioner shall inform the applicants of the decision and give the grounds therefor.

  • Marginal note:Review of decision

    (4) The Minister may, on the written request of applicants under section 9 or on the Minister’s own motion, review any decision of the Commissioner to discontinue an inquiry under section 10, and may, if in the Minister’s opinion the circumstances warrant, instruct the Commissioner to make further inquiry.

  • R.S., 1985, c. C-34, s. 22;
  • R.S., 1985, c. 27 (1st Supp.), s. 187, c. 19 (2nd Supp.), s. 24;
  • 1999, c. 2, s. 37, c. 31, s. 47(F).
Marginal note:Reference to Attorney General of Canada
  •  (1) The Commissioner may, at any stage of an inquiry under section 10, in addition to or in lieu of continuing the inquiry, remit any records, returns or evidence to the Attorney General of Canada for consideration as to whether an offence has been or is about to be committed against this Act and for such action as the Attorney General of Canada may wish to take.

  • Marginal note:Prosecution by Attorney General of Canada

    (2) The Attorney General of Canada may institute and conduct any prosecution or other criminal proceedings under this Act, and for those purposes may exercise all the powers and perform all the duties and functions conferred by the Criminal Code on the attorney general of a province.

  • R.S., 1985, c. C-34, s. 23;
  • R.S., 1985, c. 19 (2nd Supp.), s. 24;
  • 1999, c. 2, s. 37.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations regulating the practice and procedure in respect of applications, proceedings and orders under sections 11 to 19.

  • Marginal note:Publication of proposed regulations

    (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

  • Marginal note:Exception

    (3) No proposed regulation need be published under subsection (2) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection.

  • R.S., 1985, c. C-34, s. 24;
  • R.S., 1985, c. 19 (2nd Supp.), s. 24.
Marginal note:Staff

 All officers, clerks and employees required for carrying out this Act shall be appointed in accordance with the Public Service Employment Act, except that the Commissioner may, with the approval of the Governor in Council, employ such temporary, technical and special assistants as may be required to meet the special conditions that may arise in carrying out this Act.

  • R.S., 1985, c. C-34, s. 25;
  • R.S., 1985, c. 19 (2nd Supp.), s. 25;
  • 1999, c. 2, s. 37.
Marginal note:Remuneration of temporary staff
  •  (1) Any temporary, technical and special assistants employed by the Commissioner shall be paid such remuneration, and are entitled to be paid such travel and living expenses incurred in the performance of their duties under this Act, as may be fixed by the Governor in Council.

  • Marginal note:Remuneration and expenses payable out of appropriations

    (2) The remuneration and expenses of the Commissioner and of the temporary, technical and special assistants employed by the Commissioner, and of any counsel instructed under this Act, shall be paid out of money appropriated by Parliament to defray the cost of administering this Act.

  • Marginal note:Public Service Employment Act applies

    (3) Subject to this section and section 7, the Public Service Employment Act and other Acts relating to the public service, in so far as applicable, apply to the Commissioner and to all other persons employed under this Act.

  • R.S., 1985, c. C-34, s. 26;
  • R.S., 1985, c. 19 (2nd Supp.), s. 25;
  • 1999, c. 2, s. 37;
  • 2003, c. 22, s. 225(E).
Marginal note:Authority of technical or special assistants

 Any technical or special assistant or other person employed under this Act, when so authorized or deputed by the Commissioner, has power and authority to exercise any of the powers and perform any of the duties of the Commissioner under this Act with respect to any particular inquiry, as may be directed by the Commissioner.

  • R.S., 1985, c. C-34, s. 27;
  • 1999, c. 2, s. 37.
Marginal note:Minister may require interim report

 The Minister may at any time require the Commissioner to submit an interim report with respect to any inquiry by him under this Act, and it is the duty of the Commissioner whenever thereunto required by the Minister to render an interim report setting out the action taken, the evidence obtained and the Commissioner’s opinion as to the effect of the evidence.

  • R.S., 1985, c. C-34, s. 28;
  • 1999, c. 2, s. 37.
Marginal note:Confidentiality
  •  (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 to a Canadian law enforcement agency or for the purposes of the administration or enforcement of this Act

    • (a) the identity of any person from whom information was obtained pursuant to this Act;

    • (b) any information obtained pursuant to section 11, 15, 16 or 114;

    • (c) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114;

    • (d) any information obtained from a person requesting a certificate under section 102; or

    • (e) any information provided voluntarily pursuant to this Act.

  • 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.

  • R.S., 1985, c. C-34, s. 29;
  • R.S., 1985, c. 19 (2nd Supp.), s. 26;
  • 2002, c. 16, s. 2.1.
Marginal note:Communication to Minister of Transport
  •  (1) Notwithstanding subsection 29(1), the Commissioner may, if requested to do so by the Minister of Transport in accordance with subsection (3), communicate or allow to be communicated to that Minister any information referred to in subsection (2) that is specifically requested by that Minister.

  • Marginal note:Information

    (2) The information that may be communicated under this section is

    • (a) the identity of any person from whom information was obtained under this Act;

    • (b) any information obtained in the course of an inquiry under section 10;

    • (c) any information obtained under section 11, 15, 16 or 114;

    • (d) any information obtained from a person requesting a certificate under section 102;

    • (e) whether notice has been given or information supplied in respect of a particular proposed transaction under section 114; and

    • (f) any information collected, received or generated by or on behalf of the Commissioner, including compilations and analyses.

  • Marginal note:Contents of request

    (3) Requests under this section must be in writing and must

    • (a) specify the information referred to in any of paragraphs (2)(a) to (f) that is required; and

    • (b) state that the Minister of Transport requires the information for the purposes of section 53.1 or 53.2 of the Canada Transportation Act and identify the transaction being considered under that section.

  • Marginal note:Restriction

    (4) The information communicated under subsection (1) may be used only for the purposes of section 53.1 or 53.2, as the case may be, of the Canada Transportation Act.

  • Marginal note:Confidentiality

    (5) No person who performs or has performed duties or functions in the administration or enforcement of the Canada Transportation Act shall communicate or allow to be communicated to any other person any information communicated under subsection (1), except to persons who perform duties or functions under section 53.1 or 53.2 of that Act.

  • 2000, c. 15, s. 12;
  • 2007, c. 19, s. 61.
 
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