Marginal note:Consent agreement — parties to a private action
106.1 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75 or 77 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration.
Marginal note:Notice to Commissioner
(2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay.
(3) The consent agreement shall be published without delay in the Canada Gazette.
(4) The consent agreement shall be registered 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal.
Marginal note:Effect of registration
(5) Upon registration, the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.
Marginal note:Commissioner may intervene
(6) On application by the Commissioner, the Tribunal may vary or rescind a registered consent agreement if it finds that the agreement has or is likely to have anti-competitive effects.
(7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement.
- 2002, c. 16, s. 14.
107. In determining whether or not to make an order under this Part, the Tribunal 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 Tribunal under this Act.
- R.S., 1985, c. 19 (2nd Supp.), s. 45.
108. (1) In this Part,
« entreprise en exploitation »
“operating business” means a business undertaking in Canada to which employees employed in connection with the undertaking ordinarily report for work;
« personne »
“person” means an individual, body corporate, unincorporated syndicate, unincorporated organization, trustee, executor, administrator or other legal representative, but does not include a bare trustee;
« réglementaire »
“prescribed” means prescribed by regulations made under section 124;
« actions comportant droit de vote »
“voting share” means any share that carries voting rights under all circumstances or by reason of an event that has occurred and is continuing.
Marginal note:Corporations controlled by Her Majesty
(2) For the purposes of this Part, except for the purposes of section 113, one corporation is not affiliated with another corporation by reason only of the fact that both corporations are controlled by Her Majesty in right of Canada or a province, as the case may be.
- R.S., 1985, c. 19 (2nd Supp.), s. 45;
- 1999, c. 2, s. 25.
- Date modified: