PART IPurpose and Interpretation (continued)
Marginal note:Binding on agents of Her Majesty in certain cases
2.1 This Act is binding on and applies to an agent of Her Majesty in right of Canada or a province that is a corporation, in respect of commercial activities engaged in by the corporation in competition, whether actual or potential, with other persons to the extent that it would apply if the agent were not an agent of Her Majesty.
- R.S., 1985, c. 19 (2nd Supp.), s. 21.
Marginal note:Defects of form
3 No proceedings under this Act shall be deemed invalid by reason of any defect of form or any technical irregularity.
- R.S., c. C-23, s. 3.
Marginal note:Collective bargaining activities
(a) combinations or activities of workmen or employees for their own reasonable protection as such workmen or employees;
(b) contracts, agreements or arrangements between or among fishermen or associations of fishermen and persons or associations of persons engaged in the buying or processing of fish relating to the prices, remuneration or other like conditions under which fish will be caught and supplied to those persons by fishermen; or
(c) contracts, agreements or arrangements between or among two or more employers in a trade, industry or profession, whether effected directly between or among the employers or through the instrumentality of a corporation or association of which the employers are members, pertaining to collective bargaining with their employees in respect of salary or wages and terms or conditions of employment.
(2) Nothing in this section exempts from the application of any provision of this Act a contract, agreement or arrangement entered into by an employer to withhold any product from any person, or to refrain from acquiring from any person any product other than the services of workmen or employees.
- R.S., c. C-23, s. 4;
- 1974-75-76, c. 76, s. 2.
4.1 [Repealed, 2009, c. 2, s. 407]
5 (1) Section 45 does not apply in respect of an agreement or arrangement between persons who are members of a class of persons who ordinarily engage in the business of dealing in securities or between such persons and the issuer of a specific security, in the case of a primary distribution, or the vendor of a specific security, in the case of a secondary distribution, if the agreement or arrangement has a reasonable relationship to the underwriting of a specific security.
Definition of underwriting
(2) For the purposes of this section, underwriting of a security means the primary or secondary distribution of the security, in respect of which distribution
(a) a prospectus is required to be filed, accepted or otherwise approved pursuant to a law enacted in Canada or in a jurisdiction outside Canada for the supervision or regulation of trade in securities; or
(b) a prospectus would be required to be filed, accepted or otherwise approved but for an express exemption contained in or given pursuant to a law mentioned in paragraph (a).
- R.S., 1985, c. C-34, s. 5;
- 1999, c. 2, s. 2;
- 2009, c. 2, s. 408.
Marginal note:Amateur sport
Definition of amateur sport
(2) For the purposes of this section, amateur sport means sport in which the participants receive no remuneration for their services as participants.
- 1974-75-76, c. 76, s. 2.
Marginal note:Commissioner of Competition
Marginal note:Oath of office
(2) The Commissioner shall, before taking up the duties of the Commissioner, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form:
I do solemnly swear (or affirm) that I will faithfully, truly and impartially, and to the best of my judgment, skill and ability, execute the powers and trusts reposed in me as Commissioner of Competition. (In the case where an oath is taken add “So help me God”.)
(3) The Commissioner shall be paid such salary as may be from time to time fixed and allowed by the Governor in Council.
- R.S., 1985, c. C-34, s. 7;
- 1999, c. 2, ss. 4, 37;
- 2012, c. 24, s. 79.
Marginal note:Deputy Commissioners
Marginal note:Powers of Deputy
(2) The Governor in Council may authorize a Deputy Commissioner to exercise the powers and perform the duties of the Commissioner whenever the Commissioner is absent or unable to act or whenever there is a vacancy in the office of Commissioner.
Marginal note:Powers of other persons
(3) The Governor in Council may authorize any person to exercise the powers and perform the duties of the Commissioner whenever the Commissioner and the Deputy Commissioners are absent or unable to act or, if one or more of those offices are vacant, whenever the holders of the other of those offices are absent or unable to act.
Marginal note:Inquiry by Deputy
(4) The Commissioner may authorize a Deputy Commissioner to make inquiry regarding any matter into which the Commissioner has power to inquire, and when so authorized a Deputy Commissioner shall perform the duties and may exercise the powers of the Commissioner in respect of that matter.
Marginal note:Powers of Commissioner unaffected
(5) The exercise, pursuant to this Act, of any of the powers or the performance of any of the duties of the Commissioner by a Deputy Commissioner or other person does not in any way limit, restrict or qualify the powers or duties of the Commissioner, either generally or with respect to any particular matter.
- R.S., 1985, c. C-34, s. 8;
- 1999, c. 2, s. 5.
Marginal note:Application for inquiry
(a) a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or VIII,
(b) grounds exist for the making of an order under Part VII.1 or VIII, or
(c) an offence under Part VI or VII has been or is about to be committed,
may apply to the Commissioner for an inquiry into the matter.
Marginal note:Material to be submitted
(2) An application made under subsection (1) shall be accompanied by a statement in the form of a solemn or statutory declaration showing
(a) the names and addresses of the applicants, and at their election the name and address of any one of their number, or of any attorney, solicitor or counsel, whom they may, for the purpose of receiving any communication to be made pursuant to this Act, have authorized to represent them;
(b) the nature of
(i) the alleged contravention,
(ii) the grounds alleged to exist for the making of an order, or
(iii) the alleged offence
and the names of the persons believed to be concerned therein and privy thereto; and
(c) a concise statement of the evidence supporting their opinion.
- R.S., 1985, c. C-34, s. 9;
- R.S., 1985, c. 19 (2nd Supp.), s. 22;
- 1999, c. 2, ss. 6, 37.
Marginal note:Inquiry by Commissioner
(a) on application made under section 9,
(b) whenever the Commissioner has reason to believe that
(c) whenever directed by the Minister to inquire whether any of the circumstances described in subparagraphs (b)(i) to (iii) exists,
cause an inquiry to be made into all such matters as the Commissioner considers necessary to inquire into with the view of determining the facts.
Marginal note:Information on inquiry
(2) The Commissioner shall, on the written request of any person whose conduct is being inquired into under this Act or any person who applies for an inquiry under section 9, inform that person or cause that person to be informed as to the progress of the inquiry.
Marginal note:Inquiries to be in private
(3) All inquiries under this section shall be conducted in private.
- R.S., 1985, c. C-34, s. 10;
- R.S., 1985, c. 19 (2nd Supp.), s. 23;
- 1999, c. 2, ss. 7, 37, c. 31, s. 45.
- Date modified: