Competition Act

Version of section 2 from 2014-07-01 to 2015-03-08:

Marginal note:Definitions
  •  (1) In this Act,

    article

    article

    article means real and personal property of every description including

    • (a) money,

    • (b) deeds and instruments relating to or evidencing the title or right to property or an interest, immediate, contingent or otherwise, in a corporation or in any assets of a corporation,

    • (c) deeds and instruments giving a right to recover or receive property,

    • (d) tickets or like evidence of right to be in attendance at a particular place at a particular time or times or of a right to transportation, and

    • (e) energy, however generated; (article)

    business

    entreprise

    business includes the business of

    • (a) manufacturing, producing, transporting, acquiring, supplying, storing and otherwise dealing in articles, and

    • (b) acquiring, supplying and otherwise dealing in services.

    It also includes the raising of funds for charitable or other non-profit purposes. (entreprise)

    Commission

    Commission[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

    Commissioner

    commissaire

    Commissioner means the Commissioner of Competition appointed under subsection 7(1); (commissaire)

    computer system

    ordinateur

    computer system has the same meaning as in subsection 342.1(2) of the Criminal Code; (ordinateur)

    data

    données

    data, other than in Part III, means signs, signals, symbols or concepts that are being prepared or have been prepared in a form suitable for use in a computer system; (données)

    Director

    Director[Repealed, 1999, c. 2, s. 1]

    electronic message

    message électronique

    electronic message means a message sent by any means of telecommunication, including a text, sound, voice or image message; (message électronique)

    information

    renseignement

    information includes data; (renseignement)

    locator

    localisateur

    locator means a name or information used to identify a source of data on a computer system, and includes a URL; (localisateur)

    merger

    merger[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

    Minister

    ministre

    Minister means the Minister of Industry; (ministre)

    monopoly

    monopoly[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

    product

    produit

    product includes an article and a service; (produit)

    record

    document

    record means any information that is recorded on any medium and that is capable of being understood by a person or read by a computer system or other device; (document)

    sender information

    renseignements sur l’expéditeur

    sender information means the part of an electronic message — including the data relating to source, routing, addressing or signalling — that identifies or purports to identify the sender or the origin of the message; (renseignements sur l’expéditeur)

    service

    service

    service means a service of any description whether industrial, trade, professional or otherwise; (service)

    subject matter information

    objet

    subject matter information means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them; (objet)

    supply

    fournir ou approvisionner

    supply means,

    • (a) in relation to an article, sell, rent, lease or otherwise dispose of an article or an interest therein or a right thereto, or offer so to dispose of an article or interest therein or a right thereto, and

    • (b) in relation to a service, sell, rent or otherwise provide a service or offer so to provide a service; (fournir ou approvisionner)

    trade, industry or profession

    commerce, industrie ou profession

    trade, industry or profession includes any class, division or branch of a trade, industry or profession; (commerce, industrie ou profession)

    Tribunal

    Tribunal

    Tribunal means the Competition Tribunal established by subsection 3(1) of the Competition Tribunal Act. (Tribunal)

  • Marginal note:Affiliated corporation, partnership or sole proprietorship

    (2) For the purposes of this Act,

    • (a) one corporation is affiliated with another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person;

    • (b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other; and

    • (c) a partnership or sole proprietorship is affiliated with another partnership, sole proprietorship or a company if both are controlled by the same person.

  • Marginal note:Subsidiary corporation

    (3) For the purposes of this Act, a corporation is a subsidiary of another corporation if it is controlled by that other corporation.

  • Marginal note:Control

    (4) For the purposes of this Act,

    • (a) a corporation is controlled by a person other than Her Majesty if

      • (i) securities of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and

      • (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;

    • (b) a corporation is controlled by Her Majesty in right of Canada or a province if

      • (i) the corporation is controlled by Her Majesty in the manner described in paragraph (a), or

      • (ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by

        • (A) the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or

        • (B) a Minister of the government of Canada or the province, as the case may be; and

    • (c) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than fifty per cent of the profits of the partnership or more than fifty per cent of its assets on dissolution.

  • R.S., 1985, c. C-34, s. 2;
  • R.S., 1985, c. 19 (2nd Supp.), s. 20;
  • 1992, c. 1, s. 145(F);
  • 1995, c. 1, s. 62;
  • 1999, c. 2, s. 1, c. 31, s. 44(F);
  • 2010, c. 23, s. 70.
Date modified: