Competition Act (R.S.C., 1985, c. C-34)
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Act current to 2024-11-26 and last amended on 2024-06-20. Previous Versions
AMENDMENTS NOT IN FORCE
— 2023, c. 31, s. 8
8 (1) Section 90.1 of the Act is amended by adding the following after subsection (1):
Exception — non competitors
(1.1) If the Tribunal finds that a significant purpose of the agreement or arrangement, or any part of it, is to prevent or lessen competition in any market, it may make an order under subsection (1) even if none of the persons referred to in that subsection are competitors.
(1.1) Subsections 90.1(4) to (6) of the Act are repealed.
(2) Subsection 90.1(11) of the Act is replaced by the following:
Definition of competitor
(11) In subsections (1) and (1.1), competitor includes a person who it is reasonable to believe would be likely to compete with respect to a product in the absence of the agreement or arrangement.
— 2024, c. 15, s. 238
238 Section 74.09 of the Act is replaced by the following:
Definition of court
74.09 In sections 74.1 to 74.14 and 74.18, court means
(a) in respect of an application by the Commissioner, the Tribunal, the Federal Court or the superior court of a province; and
(b) in respect of an application made by a person granted leave under section 103.1, the Tribunal.
— 2024, c. 15, ss. 239(1), (4)
239 (1) The portion of subsection 74.1(1) of the Act before paragraph (a) is replaced by the following:
Determination of reviewable conduct and judicial order
74.1 (1) If, on application by the Commissioner or a person granted leave under section 103.1, a court determines that a person is engaging in or has engaged in reviewable conduct under this Part, the court may order the person
(4) Section 74.1 of the Act is amended by adding the following after subsection (9):
Inferences
(10) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application.
— 2024, c. 15, s. 240
240 Section 74.11 of the Act is replaced by the following:
Temporary order
74.11 (1) On application by the Commissioner or a person granted leave under section 103.1, a court may order a person who it appears to the court is engaging in conduct that is reviewable under this Part not to engage in that conduct or substantially similar reviewable conduct if it appears to the court that
(a) serious harm is likely to ensue unless the order is issued; and
(b) the balance of convenience favours issuing the order.
Temporary order — supply of a product
(1.1) On application by the Commissioner or a person granted leave under section 103.1, a court may order any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to engage in conduct that is reviewable under this Part, or to do any act or thing that it appears to the court could prevent a person from engaging in such conduct, if it appears to the court that
(a) serious harm is likely to ensue unless the order is issued; and
(b) the balance of convenience favours issuing the order.
Duration
(2) Subject to subsection (5), an order made under subsection (1) or (1.1) has effect, or may be extended on application by the Commissioner or a person granted leave under section 103.1, for any period that the court considers sufficient to meet the circumstances of the case.
Notice of application
(3) Subject to subsection (4), at least 48 hours’ notice of an application referred to in subsection (1), (1.1) or (2) must be given by or on behalf of the Commissioner or the person granted leave under section 103.1 to the person in respect of whom the order or extension is sought.
Ex parte application
(4) The court may proceed ex parte with an application made by the Commissioner under subsection (1) or (1.1) if it is satisfied that subsection (3) cannot reasonably be complied with or that the urgency of the situation is such that service of notice in accordance with subsection (3) would not be in the public interest.
Duration of ex parte order
(5) An order issued ex parte as the result of an application made by the Commissioner under subsection (1) or (1.1) has effect for the period that is specified in it, not exceeding seven days unless, on further application made by the Commissioner on notice as provided in subsection (3), the court extends the order for any additional period that it considers necessary and sufficient.
Duty of Commissioner
(6) If an order issued under this section as the result of an application made by the Commissioner under subsection (1) or (1.1) is in effect, the Commissioner must proceed as expeditiously as possible to complete the inquiry under section 10 arising out of the conduct in respect of which the order was issued.
— 2024, c. 15, s. 241
241 (1) Subsections 74.111(1) to (6) of the Act are replaced by the following:
Interim injunction
74.111 (1) If, on application by the Commissioner or a person granted leave under section 103.1, a court finds a strong prima facie case that a person is engaging in or has engaged in conduct that is reviewable under paragraph 74.01(1)(a), and the court is satisfied that the person owns or has possession or control of articles within the jurisdiction of the court and is disposing of or is likely to dispose of them by any means, and that the disposal of the articles will substantially impair the enforceability of an order made under paragraph 74.1(1)(d), the court may issue an interim injunction forbidding the person or any other person from disposing of or otherwise dealing with the articles, other than in the manner and on the terms specified in the injunction.
Statement to be included
(2) Any application for an injunction under subsection (1) must include a statement that the Commissioner or the person granted leave under section 103.1 has applied for an order under paragraph 74.1(1)(d), or that the Commissioner or the person intends to apply for an order under that paragraph if the Commissioner or the person applies for an order under paragraph 74.1(1)(a).
Duration
(3) Subject to subsection (6), the injunction has effect, or may be extended on application by the Commissioner or the person granted leave under section 103.1, for any period that the court considers sufficient to meet the circumstances of the case.
Notice of application
(4) Subject to subsection (5), at least 48 hours’ notice of an application referred to in subsection (1) or (3) must be given by or on behalf of the Commissioner or the person granted leave under section 103.1 to the person in respect of whom the injunction or extension is sought.
Ex parte application
(5) The court may proceed ex parte with an application made by the Commissioner under subsection (1) if it is satisfied that subsection (4) cannot reasonably be complied with or that the urgency of the situation is such that service of the notice in accordance with subsection (4) might defeat the purpose of the injunction or would otherwise not be in the public interest.
Duration of ex parte injunction
(6) An injunction issued ex parte as the result of an application made by the Commissioner under subsection (1) has effect for the period that is specified in it, not exceeding seven days unless, on further application made by the Commissioner on notice as provided in subsection (4), the court extends the injunction for any additional period that it considers sufficient.
(2) Subsection 74.111(8) of the Act is replaced by the following:
Duty of Commissioner
(8) If an injunction issued under this section as the result of an application made by the Commissioner under subsection (1) is in effect, the Commissioner must proceed as expeditiously as possible to complete any inquiry under section 10 arising out of the conduct in respect of which the injunction was issued.
— 2024, c. 15, s. 243
243 The Act is amended by adding the following after section 74.13:
Consent agreement — parties to a private action
74.131 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 74.1 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration.
Notice to Commissioner
(2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay.
Publication
(3) The consent agreement must be published without delay in the Canada Gazette.
Registration
(4) The consent agreement must be registered within 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal.
Effect of registration
(5) On registration, the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.
Commissioner may intervene
(6) On application by the Commissioner, the Tribunal may vary or rescind a registered consent agreement if it finds that the agreement is not in conformity with the purposes of this Part.
Notice
(7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement.
Failure to comply with consent agreement
74.132 (1) If, on application by the Commissioner, the Tribunal determines that a person, without good and sufficient cause, the proof of which lies on the person, has failed to comply or is likely to fail to comply with a consent agreement registered under subsection 74.131(4), the Tribunal may
(a) prohibit the person from doing anything that, in the Tribunal’s opinion, may constitute a failure to comply with the agreement;
(b) order the person to take any action that is necessary to comply with the agreement;
(c) order the person to pay, in any manner that the Tribunal specifies, an administrative monetary penalty in an amount not exceeding $10,000 for each day on which they fail to comply with the agreement, determined by the Tribunal after taking into account any evidence of the following:
(i) the person’s financial position,
(ii) the person’s history of compliance with this Act,
(iii) the duration of the period of non-compliance, and
(iv) any other relevant factor; or
(d) grant any other relief that the Tribunal considers appropriate.
Purpose of order
(2) The terms of an order under paragraph (1)(c) are to be determined with a view to promoting conduct by the person that is in conformity with the purposes of this Act and not with a view to punishment.
Unpaid monetary penalty
(3) The administrative monetary penalty imposed under paragraph (1)(c) is a debt due to His Majesty in right of Canada and may be recovered as such from the person in a court of competent jurisdiction.
Service of agreement on Commissioner
74.133 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 74.1 and the person discontinues the application by reason of having entered into an agreement with any other person, the parties to the agreement must serve a copy of it on the Commissioner within 10 days after the day on which it is entered into.
Commissioner may intervene
(2) On application by the Commissioner, the Tribunal may vary or rescind the agreement if it finds that the agreement is not in conformity with the purposes of this Part.
Notice
(3) The Commissioner must give notice of an application under subsection (2) to the parties to the agreement.
Failure to serve
74.134 (1) If, on application by the Commissioner, the Tribunal determines that a person, without good and sufficient cause, the proof of which lies on the person, has failed to serve a copy of an agreement on the Commissioner in accordance with subsection 74.133(1), the Tribunal may
(a) order the person to serve the Commissioner with a copy of the agreement;
(b) issue an interim order prohibiting any person from doing anything that, in the Tribunal’s opinion, may constitute or be directed toward the implementation of the agreement;
(c) order the person to pay, in any manner that the Tribunal specifies, an administrative monetary penalty in an amount not exceeding $10,000 for each day on which they fail to serve a copy of the agreement on the Commissioner, determined by the Tribunal after taking into account any evidence of the following:
(i) the person’s financial position,
(ii) the person’s history of compliance with this Act,
(iii) the duration of the period of non-compliance, and
(iv) any other relevant factor; or
(d) grant any other relief that the Tribunal considers appropriate.
Purpose of order
(2) The terms of an order under paragraph (1)(c) are to be determined with a view to promoting conduct by the person that is in conformity with the purposes of this Act and not with a view to punishment.
Unpaid monetary penalty
(3) The administrative monetary penalty imposed under paragraph (1)(c) is a debt due to His Majesty in right of Canada and may be recovered as such from the person in a court of competent jurisdiction.
— 2024, c. 15, s. 244(2)
244 (2) Section 75 of the Act is amended by adding the following after subsection (1.1):
Additional order — person granted leave
(1.2) If the Tribunal makes an order under subsection (1) as the result of an application by a person granted leave under section 103.1, it may also order any supplier in respect of whom the order applies to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate.
Implementation of the order
(1.3) The Tribunal may specify in an order made under subsection (1.2) any term that it considers necessary for the order’s implementation, including a term
(a) specifying how the payment is to be administered;
(b) respecting the appointment of an administrator to administer the payment and specifying the terms of administration;
(c) requiring the person against whom the order is made to pay the administrative costs related to the payment as well as the fees to be paid to an administrator;
(d) requiring that potential claimants be notified in the time and manner specified by the Tribunal;
(e) specifying the time and manner for making claims;
(f) specifying the conditions for the eligibility of claimants, including conditions relating to the return of the products to the person against whom the order is made; and
(g) providing for the manner in which, and the terms on which, any amount of the payment that remains unclaimed or undistributed is to be dealt with.
— 2024, c. 15, s. 245(2)
245 (2) Section 76 of the Act is amended by adding the following after subsection (11):
Additional order — person granted leave
(11.1) If the Tribunal makes an order under subsection (2) as the result of an application by a person granted leave under section 103.1, it may also order the person against whom the order is made to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate.
Implementation of the order
(11.2) The Tribunal may specify in an order made under subsection (11.1) any term that it considers necessary for the order’s implementation, including any term referred to in any of paragraphs 75(1.3)(a) to (g).
— 2024, c. 15, s. 246
246 Subsection 77(3.1) of the Act is replaced by the following:
Additional order — person granted leave
(3.1) If the Tribunal makes an order under subsection (2) or (3) as the result of an application by a person granted leave under section 103.1, it may also order any supplier in respect of whom the order applies to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate.
Implementation of the order
(3.2) The Tribunal may specify in an order made under subsection (3.1) any term that it considers necessary for the order’s implementation, including any term referred to in any of paragraphs 75(1.3)(a) to (g).
— 2024, c. 15, ss. 247(1), (2)
247 (1) Subsection 79(3.2) of the Act is amended by adding the following after paragraph (d):
(d.1) the amount that the person against whom the order is made is required to pay under an order made under subsection (4.1);
(2) Section 79 of the Act is amended by adding the following after subsection (4):
Additional order — person granted leave
(4.1) If, as the result of an application by a person granted leave under section 103.1, the Tribunal makes an order under subsection (1) or (2), it may also order the person against whom the order is made to pay an amount, not exceeding the value of the benefit derived from the practice that is the subject of the order, to be distributed among the applicant and any other person affected by the practice, in any manner that the Tribunal considers appropriate.
Implementation of the order
(4.2) The Tribunal may specify in an order made under subsection (4.1) any term that it considers necessary for the order’s implementation, including any term referred to in any of paragraphs 75(1.3)(a) to (g).
— 2024, c. 15, ss. 248(2), (4), (7)
248 (2) The portion of subsection 90.1(1) of the Act before paragraph (a) is replaced by the following:
Order
90.1 (1) If, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that an agreement or arrangement or a proposed agreement or arrangement between persons of whom two or more are competitors prevents or lessens, has prevented or lessened or is likely to prevent or lessen competition substantially in a market, the Tribunal may make an order
(4) Subsection 90.1(1.4) of the Act is amended by adding the following after paragraph (d):
(d.1) any amount that the person against whom the order is made is required to pay under an order made under subsection (10.1);
(7) Section 90.1 of the Act is amended by adding the following after subsection (10):
Additional order — person granted leave
(10.1) If the Tribunal makes an order under subsection (1) as the result of an application by a person granted leave under section 103.1, it may also order the person against whom the order is made to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate.
Implementation of the order
(10.2) The Tribunal may specify in an order made under subsection (10.1) any term that it considers necessary for the order’s implementation, including any term referred to in any of paragraphs 75(1.3)(a) to (g).
Inferences
(10.3) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application.
— 2024, c. 15, s. 254
254 (1) Subsections 103.1(1) and (2) of the Act are replaced by the following:
Leave to make application under section 74.1, 75, 76, 77, 79 or 90.1
103.1 (1) Any person may apply to the Tribunal for leave to make an application under section 74.1, 75, 76, 77, 79 or 90.1. The application for leave must be accompanied by an affidavit setting out the facts in support of the person’s application under that section.
Notice
(2) The applicant must serve a copy of the application for leave on the Commissioner and any person against whom the order is sought under section 74.1, 75, 76, 77, 79 or 90.1, as the case may be.
(2) Paragraph 103.1(3)(b) of the Act is replaced by the following:
(b) was the subject of an inquiry that has been discontinued because of a settlement between the Commissioner and the person against whom the order is sought under section 74.1, 75, 76, 77, 79 or 90.1, as the case may be.
(3) Subsection 103.1(4) of the Act is replaced by the following:
Application discontinued
(4) The Tribunal is not to consider an application for leave respecting a matter described in paragraph (3)(a) or (b) or a matter that is the subject of an application already submitted to the Tribunal by the Commissioner under section 74.1, 75, 76, 77, 79 or 90.1.
(4) Subsection 103.1(7) of the Act is replaced by the following:
Granting leave — section 74.1
(6.1) The Tribunal may grant leave to make an application under section 74.1 if it is satisfied that it is in the public interest to do so.
Granting leave — sections 75, 77, 79 or 90.1
(7) The Tribunal may grant leave to make an application under section 75, 77, 79 or 90.1 if it has reason to believe that the applicant is directly and substantially affected in the whole or part of the applicant’s business by any conduct referred to in one of those sections that could be subject to an order under that section or if it is satisfied that it is in the public interest to do so.
(5) Section 103.1 of the Act is amended by adding the following after subsection (7.1):
Granting leave — section 90.1
(7.2) The Tribunal is not to consider an application for leave in respect of an application under section 90.1 that relates to an agreement or arrangement for which a certificate issued under subsection 124.3(1) is valid and registered.
(6) Subsection 103.1(8) of the English version of the Act is replaced by the following:
Time and conditions for making application
(8) The Tribunal may set the time within which and the conditions subject to which an application under section 74.1, 75, 76, 77, 79 or 90.1 must be made. The application must be made no more than one year after the practice or conduct that is the subject of the application has ceased.
(7) Subsection 103.1(10) of the Act is replaced by the following:
Limitation
(10) The Commissioner may not make an application for an order under section 74.1, 75, 76, 77, 79 or 90.1 on the basis of the same or substantially the same facts as are alleged in a matter for which the Tribunal has granted leave under subsection (6.1), (7) or (7.1), if the person granted leave has already applied to the Tribunal under one of those sections.
— 2024, c. 15, s. 255
255 Section 103.2 of the Act is replaced by the following
Intervention by Commissioner
103.2 If a person granted leave under subsection 103.1(6.1), (7) or (7.1) makes an application under section 74.1, 75, 76, 77, 79 or 90.1, the Commissioner may intervene in the proceedings.
— 2024, c. 15, s. 256(1)
256 (1) Subsection 104(1) of the Act is replaced by the following:
Interim order
104 (1) If an application has been made for an order under this Part, other than an interim order under section 100 or 103.3, the Tribunal, on application by the Commissioner or a person who has made an application under section 75, 76, 77, 79 or 90.1, may issue any interim order that it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief.
— 2024, c. 15, s. 257
257 Subsection 106.1(1) of the Act is replaced by the following:
Consent agreement — parties to a private action
106.1 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75, 76, 77, 79 or 90.1 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration.
— 2024, c. 15, s. 259
259 The Act is amended by adding the following after section 106.2:
Service of agreement on Commissioner
106.3 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75, 76, 77, 79 or 90.1 and the person discontinues the application by reason of having entered into an agreement with any other person, the parties to the agreement must serve a copy of it on the Commissioner within 10 days after the day on which it was entered into.
Commissioner may intervene
(2) On application by the Commissioner, the Tribunal may vary or rescind the agreement if it finds that the agreement has or is likely to have anti-competitive effects.
Notice
(3) The Commissioner must give notice of an application under subsection (2) to the parties to the agreement.
Failure to serve
106.4 (1) If, on application by the Commissioner, the Tribunal determines that a person, without good and sufficient cause, the proof of which lies on the person, has failed to serve a copy of an agreement on the Commissioner in accordance with subsection 106.3(1), the Tribunal may
(a) order the person to serve the Commissioner with a copy of the agreement;
(b) issue an interim order prohibiting any person from doing anything that, in the Tribunal’s opinion, may constitute or be directed toward the implementation of the agreement;
(c) order the person to pay, in any manner that the Tribunal specifies, an administrative monetary penalty in an amount not exceeding $10,000 for each day on which they fail to serve a copy of the agreement on the Commissioner, determined by the Tribunal after taking into account any evidence of the following:
(i) the person’s financial position,
(ii) the person’s history of compliance with this Act,
(iii) the duration of the period of non-compliance, and
(iv) any other relevant factor; or
(d) grant any other relief that the Tribunal considers appropriate.
Purpose of order
(2) The terms of an order under paragraph (1)(c) are to be determined with a view to promoting conduct by the person that is in conformity with the purposes of this Act and not with a view to punishment.
Unpaid monetary penalty
(3) The administrative monetary penalty imposed under paragraph (1)(c) is a debt due to His Majesty in right of Canada and may be recovered as such from the person in a court of competent jurisdiction.
— 2024, c. 15, s. 264
264 Subsection 124.2(3) of the Act is replaced by the following:
Reference by agreement of parties to a private action
(3) A person granted leave under section 103.1 and the person against whom an order is sought under section 74.1, 75, 76, 77, 79 or 90.1 may by agreement refer to the Tribunal for determination any question of law, or mixed law and fact, in relation to the application or interpretation of Part VII.1 or VIII, if the Tribunal grants them leave. They must send a notice of their application for leave to the Commissioner, who may intervene in the proceedings.
— 2024, c. 15, s. 271
Bill C-56
271 If Bill C-56, introduced in the 1st session of the 44th Parliament and entitled the Affordable Housing and Groceries Act (in this section referred to as the “other Act”), receives royal assent, then, on the first day on which both subsection 8(1) of the other Act and subsection 248(3) of this Act are in force,
(a) subsection 90.1(1.1) of the Competition Act, as enacted by subsection 8(1) of the other Act, is renumbered as subsection 90.1(1.01) and is repositioned accordingly if required; and
(b) subsection 90.1(11) of the Competition Act is replaced by the following:
Definition of competitor
(11) In subsections (1) and (1.01), competitor includes a person who it is reasonable to believe would be likely to compete with respect to a product in the absence of the agreement or arrangement.
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