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An Act to amend the Competition Act and the Competition Tribunal Act (S.C. 2002, c. 16)

Assented to 2002-06-04

R.S., c. 19, (2nd Supp.), Part ICOMPETITION TRIBUNAL ACT

 The Act is amended by adding the following after section 8:

Marginal note:Costs
  • 8.1 (1) The Tribunal may award costs of proceedings before it in respect of reviewable matters under Parts VII.1 and VIII of the Competition Act on a final or interim basis, in accordance with the provisions governing costs in the Federal Court Rules, 1998.

  • Marginal note:Payment

    (2) The Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

  • Marginal note:Award against the Crown

    (3) The Tribunal may award costs against Her Majesty in right of Canada.

  • Marginal note:Costs adjudged to Her Majesty in right of Canada

    (4) Costs adjudged to Her Majesty in right of Canada shall not be disallowed or reduced on taxation by reason only that counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of Her Majesty in right of Canada performing those services in the discharge of that counsel’s duty and remunerated for those services by salary, or for that or any other reason was not entitled to recover any costs from Her Majesty in right of Canada in respect of the services so rendered.

  • Marginal note:Amounts to Receiver General

    (5) Any money or costs awarded to Her Majesty in right of Canada in a proceeding in respect of which this section applies shall be paid to the Receiver General.

 Section 9 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Summary dispositions

    (4) On a motion from a party to an application made under Part VII.1 or VIII of the Competition Act, a judicial member may hear and determine the application in a summary way, in accordance with any rules on summary dispositions.

  • Marginal note:Decision

    (5) The judicial member may dismiss the application in whole or in part if the member finds that there is no genuine basis for it. The member may allow the application in whole or in part if satisfied that there is no genuine basis for the response to it.

Marginal note:2000, c. 15. s. 16

 Subsection 11(1) of the Act is replaced by the following:

Marginal note:Hearing of applications
  • 11. (1) The Chairman of the Tribunal, sitting alone, or a judicial member designated by the Chairman, sitting alone, may hear and dispose of applications under subsection 4.1(2) or (4) or 100(1), section 103.1 or 103.3 or subsection 104(1) or 104.1(7) of the Competition Act and any related matters.

COMING INTO FORCE

Marginal note:Coming into force

 The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

 

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