Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

Competition Act

R.S.C., 1985, c. C-34

An Act to provide for the general regulation of trade and commerce in respect of conspiracies, trade practices and mergers affecting competition

Short Title

Marginal note:Short title

 This Act may be cited as the Competition Act.

  • R.S., 1985, c. C-34, s. 1
  • R.S., 1985, c. 19 (2nd Supp.), s. 19

PART IPurpose and Interpretation

Purpose

Marginal note:Purpose of Act

 The purpose of this Act is to maintain and encourage competition in Canada in order to promote the efficiency and adaptability of the Canadian economy, in order to expand opportunities for Canadian participation in world markets while at the same time recognizing the role of foreign competition in Canada, in order to ensure that small and medium-sized enterprises have an equitable opportunity to participate in the Canadian economy and in order to provide consumers with competitive prices and product choices.

  • R.S., 1985, c. 19 (2nd Supp.), s. 19

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    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

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    Commission[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]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

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

    computer system

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

    data

    data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; (données)

    Director

    Director[Repealed, 1999, c. 2, s. 1]

    electronic message

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

    entity

    entity means a corporation or a partnership, sole proprietorship, trust or other unincorporated organization capable of conducting business; (entité)

    information

    information includes data; (renseignement)

    locator

    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

    Minister means the Minister of Industry; (ministre)

    monopoly

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

    product

    product includes an article and a service; (produit)

    record

    record means a medium on which information is registered or marked; (document)

    sender information

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

    subject matter information

    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

    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

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

    Tribunal

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

  • Marginal note:Affiliation

    (2) For the purposes of this Act,

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

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

    • (c) an individual is affiliated with an entity if the individual controls the entity.

  • Marginal note:Subsidiary entity

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

  • Marginal note:Control

    (4) For the purposes of this Act,

    • (a) a corporation is controlled by an entity or an individual other than Her Majesty if

      • (i) securities of the corporation to which are attached more than 50% 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 entity or individual, 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) an entity other than a corporation is controlled by an entity or individual if the entity or individual, directly or indirectly, whether through one or more subsidiaries or otherwise, holds an interest in the entity that is not a corporation that entitles them to receive more than 50% of the profits of that entity or more than 50% 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
  • 2014, c. 31, ss. 28, 46
  • 2018, c. 8, s. 109
 
Date modified: