Shipping Conferences Exemption Act, 1987 (R.S.C., 1985, c. 17 (3rd Supp.))

Act current to 2014-11-11 and last amended on 2009-03-12. Previous Versions

INVESTIGATION OF COMPLAINTS

Marginal note:Filing of complaints
  •  (1) Subject to subsection (5), where any person, including the Commissioner, has reason to believe that

    • (a) any conference agreement or interconference agreement, a copy or description of which is required to be filed with the Agency by a member of a conference pursuant to section 6, or

    • (b) any practice of a conference or of any member thereof,

    has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, that person may file a complaint with the Agency and the Agency may make such investigation of the complaint as in its opinion is warranted.

  • Marginal note:Agency may make order

    (2) If, after completing an investigation commenced pursuant to subsection (1), the Agency finds that the conference agreement, interconference agreement or practice has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Agency may make an order requiring the parties to the agreement or the members of the conference engaging in the practice to remove the offending feature of the agreement or to stop the practice or may make any other order as in the circumstances the Agency considers necessary.

  • Marginal note:Agency may consider service contracts

    (3) In conducting an investigation under subsection (1), the Agency may take into consideration the contents of any service contract.

  • Marginal note:Agency may hold public hearings

    (4) In conducting an investigation under subsection (1), the Agency may hold public hearings or may decide the matter on the basis of documents filed with the Agency.

  • (5) [Repealed, 1996, c. 10, s. 271]

  • Marginal note:Operation of Competition Act

    (6) Nothing in this section affects the operation of the Competition Act in respect of its application to

    • (a) any conference agreement or interconference agreement that is not exempt from the application of that Act by virtue of section 4; or

    • (b) any practice of a conference or of any member thereof.

  • R.S., 1985, c. 17 (3rd Supp.), s. 13;
  • 1992, c. 1, ss. 125, 128;
  • 1996, c. 10, s. 271;
  • 1999, c. 2, s. 51.
Marginal note:Agency shall notify Commissioner
  •  (1) The Agency shall give notice to the Commissioner of every complaint filed under subsection 13(1) by any person other than the Commissioner.

  • Marginal note:Commissioner may have access to documents

    (2) Where the Commissioner intends to make representations to or call evidence before the Agency pursuant to section 125 of the Competition Act in respect of a complaint filed under subsection 13(1) by a person other than the Commissioner and gives notice thereof to the Agency, the Agency shall make available to the Commissioner for examination all relevant documents filed with the Agency including copies of any service contracts.

  • R.S., 1985, c. 17 (3rd Supp.), s. 14;
  • 1992, c. 1, s. 128;
  • 1999, c. 2, s. 51.