Competition Act

Marginal note:Interim injunction

• 33 (1) A court may, on application by or on behalf of the Attorney General of Canada or the attorney general of a province, issue an interim injunction forbidding any person named in the application from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence, pending the commencement or completion of a proceeding under subsection 34(2) or a prosecution against the person, where it appears to the court, that the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under Part VI or section 66, and that

  • (a) if the offence is committed or continued

    • (i) injury to competition that cannot adequately be remedied under any other provision of this Act will result, or

    • (ii) a person is likely to suffer, from the commission of the offence, damage for which the person cannot adequately be compensated under any other provision of this Act and that will be substantially greater than any damage that a person named in the application is likely to suffer from an injunction issued under this subsection in the event that it is subsequently found that an offence under Part VI or section 66 has not been committed, was not about to be committed and was not likely to be committed; or

  • (b) in the case of an offence under section 52.1 or 53, if the offence is committed or continued,

    • (i) injury to competition will result, or

    • (ii) one or more persons are likely to suffer damage from the commission of the offence that will be substantially greater than any damage that persons named in the application are likely to suffer from an injunction issued under this subsection in the event that it is subsequently found that an offence under section 52.1 or 53 has not been committed, was not about to be committed and was not likely to be committed.

• Marginal note:Deceptive telemarketing or notice

  (1.1) An injunction issued in respect of an offence under section 52.1 or 53 may forbid any person from supplying to another person a product that is or is likely to be used for the commission or continuation of such an offence, where the person being supplied or, in the case of a corporation, any of its officers or directors was previously

  • (a) convicted of an offence under section 52.1 or 53 or an offence under section 52 in respect of conduct prohibited by section 52.1 or 53; or

  • (b) punished for the contravention of an order made under this section or section 34 in respect of the commission, continuation or repetition of an offence referred to in paragraph (a).

• Marginal note:Notice of application

  (2) Subject to subsection (3), at least forty-eight hours notice of an application for an injunction under subsection (1) shall be given by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, to each person against whom the injunction is sought.

• Marginal note:Ex parte application

  (3) Where a court to which an application is made under subsection (1) is satisfied that

  • (a) subsection (2) cannot reasonably be complied with, or

  • (b) the urgency of the situation is such that service of notice in accordance with subsection (2) would not be in the public interest,

  it may proceed with the application ex parte but any injunction issued under subsection (1) by the court on ex parte application shall have effect only for such period, not exceeding ten days, as is specified in the order.

• Marginal note:Terms of injunction

  (4) An injunction issued under subsection (1)

  • (a) shall be in such terms as the court that issues it considers necessary and sufficient to meet the circumstances of the case; and

  • (b) subject to subsection (3), shall have effect for such period of time as is specified therein.

• Marginal note:Extension or cancellation of injunction

  (5) A court that issues an injunction under subsection (1), at any time and from time to time on application by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, or by or on behalf of any person to whom the injunction is directed, notice of which application has been given to all other parties thereto, may by order,

  • (a) notwithstanding subsections (3) and (4), continue the injunction, with or without modification, for such definite period as is stated in the order; or

  • (b) revoke the injunction.

• Marginal note:Duty of applicant

  (6) Where an injunction is issued under subsection (1), the Attorney General of Canada or the attorney general of a province, as the case may be, shall proceed as expeditiously as possible to institute and conclude any prosecution or proceedings arising out of the actions on the basis of which the injunction was issued.

• Marginal note:Punishment for disobedience

  (7) A court may punish any person who contravenes an injunction issued by it under subsection (1) by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.

• Definition of court

  (8) In this section, court means the Federal Court or a superior court of criminal jurisdiction as defined in the Criminal Code.