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Competition Tribunal Act (R.S.C., 1985, c. 19 (2nd Supp.))

Act current to 2020-11-02 and last amended on 2014-11-01. Previous Versions

PART ICompetition Tribunal Act (continued)

Organization of Work

Marginal note:Sittings of Tribunal

  •  (1) Subject to section 11, every application to the Tribunal shall be heard before not less than three or more than five members sitting together, at least one of whom is a judicial member and at least one of whom is a lay member.

  • Marginal note:Judicial member to preside at hearings

    (2) The Chairman shall designate a judicial member to preside at any hearing or, if the Chairman is present at a hearing, may preside himself.

  • Marginal note:Prohibition where financial interest

    (3) No member shall take part in any matter before the Tribunal in which the member has a direct or indirect financial interest.

Marginal note:Hearing of applications

  •  (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 100(1), section 103.1 or 103.3 or subsection 104(1) or 123.1(1) of the Competition Act and any related matters.

  • Marginal note:Administrative remedies

    (2) Applications for orders under Part VII.1 of the Competition Act and any related matters shall be heard and disposed of by the Chairman of the Tribunal, sitting alone, or by a judicial member designated by the Chairman, sitting alone.

  • R.S., 1985, c. 19 (2nd Supp.), s. 11
  • 1999, c. 2, s. 43
  • 2000, c. 15, s. 16
  • 2002, c. 16, s. 19
  • 2009, c. 2, s. 441

Proceedings

Marginal note:Questions of law, fact, mixed law and fact

  •  (1) In any proceedings before the Tribunal,

    • (a) questions of law shall be determined only by the judicial members sitting in those proceedings; and

    • (b) questions of fact or mixed law and fact shall be determined by all the members sitting in those proceedings.

  • Marginal note:Where there are differing opinions

    (2) In any proceedings before the Tribunal,

    • (a) in the event of a difference of opinion among the members determining any question, the opinion of the majority shall prevail; and

    • (b) in the event of an equally divided opinion among the members determining any question, the presiding member may determine the question.

  • Marginal note:Where member unable to take part in judgment

    (3) Where a member of the Tribunal is unable to take part in the giving of judgment in any proceedings or has died, the other members sitting in those proceedings may, whether or not they include a judicial member or a lay member, give judgment and, for that purpose, shall be deemed to constitute the Tribunal.

Appeal

Marginal note:Appeal

  •  (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.

  • Marginal note:Questions of fact

    (2) An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal.

  • R.S., 1985, c. 19 (2nd Supp.), s. 13
  • 2002, c. 8, s. 130

Administration of Tribunal

 [Repealed, 2014, c. 20, s. 447]

Marginal note:Sittings

 The Tribunal may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business.

Rules

Marginal note:Rules

  •  (1) Subject to the approval of the Governor in Council, the Tribunal may make general rules that are not inconsistent with this Part or the Competition Act

    • (a) for regulating the practice and procedure of the Tribunal; and

    • (b) for carrying out the work of the Tribunal and the management of its internal affairs.

  • Marginal note:When effective

    (2) No rule made under this section has effect until it has been published in the Canada Gazette.

  • Marginal note:Tabling of rules

    (3) A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting.

  • Marginal note:Quorum

    (4) Five members of the Tribunal, at least three of whom are judicial members, constitute a quorum of the Tribunal for the purpose of making rules under this section.

  • R.S., 1985, c. 19 (2nd Supp.), s. 16
  • 2014, c. 20, s. 448

Marginal note:Advance publication of rules and amendments

 Where the Tribunal proposes to make any rule under section 16, it

  • (a) shall give notice of the proposal by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations to it in writing with respect thereto within sixty days after the day of the publication; and

  • (b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposal either as originally published or as revised in such manner as the Tribunal deems advisable having regard to any representations so made to it.

PART IICombines Investigation Act

 [Amendments]

PART IIIConsequential Amendments

Access to Information Act

 [Amendments]

Bank Act

 [Amendments]

Energy Supplies Emergency Act

 [Amendment]

Farm Products Marketing Agencies Act

 [Amendment]

National Transportation Act

 [Amendments]

Privacy Act

 [Amendments]

Public Service Staff Relations Act

 [Amendment]

Public Service Superannuation Act

 [Amendments]

Shipping Conferences Exemption Act

 [Amendments]

General

Marginal note:References to s. 114 of Canada Corporations Act

  •  (1) Wherever in any Act of Parliament a reference is made to section 114 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, in respect of a company or corporation, sections 229 to 234, 236 to 240 and 242 of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of that company or corporation.

  • Marginal note:Interpretation

    (2) In construing the sections of the Canada Business Corporations Act made applicable to a company or corporation under this section, in the case of a company, or corporation, incorporated without share capital, security holder, or registered holder or beneficial owner in relation to a security, means a member of the company or corporation.

  • Marginal note:Powers of Directors

    (3) A Director or Deputy Director appointed under section 260 of the Canada Business Corporations Act may, for the purpose of giving effect to this section with respect to the application of sections 229 to 234, 236 to 240 and 242 of that Act, exercise the powers and perform the functions and duties of the Director under those sections.

  • R.S., 1985, c. 19 (2nd Supp.), s. 59
  • 1994, c. 24, s. 34(F)

PART IVTransitional and Coming into Force

  •  (1) [Repealed, SI/91-111]

  • Marginal note:Old law applicable

    (2) For the purposes of any inquiry or other matter or proceeding referred to in subsection (1), the Combines Investigation Act and any other Act of Parliament amended by this Act shall be read as if this Act had not come into force.

  • Marginal note:Members of the Commission may be appointed to Tribunal

    (3) While the members continue in office in accordance with this section, they may, if so appointed, hold office as members of the Competition Tribunal, but any person who, pursuant to this subsection, holds more than one office is entitled to be remunerated only in respect of one of those offices.

  • Marginal note:Termination

    (4) The Governor in Council may, by proclamation, repeal subsection (1) when the Governor in Council is satisfied that the Commission no longer has any inquiry or other matter or proceeding referred to in subsection (1) before it and that the Commission has reported to the Minister of Consumer and Corporate Affairs in respect of all inquiries before it.

  • R.S., 1985, c. 19 (2nd Supp.), s. 60
  • SI/91-111
 
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