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

Marginal note:Sale above advertised price

• 74.05 (1) A person engages in reviewable conduct who advertises a product for sale or rent in a market and, during the period and in the market to which the advertisement relates, supplies the product at a price that is higher than the price advertised.

• Marginal note:Saving

  (2) This section does not apply

  • (a) in respect of an advertisement that appears in a catalogue in which it is prominently stated that the prices contained in it are subject to error if the person establishes that the price advertised is in error;

  • (b) in respect of an advertisement that is immediately followed by another advertisement correcting the price mentioned in the first advertisement;

  • (c) in respect of the supply of a security obtained on the open market during a period when the prospectus relating to that security is still current; or

  • (d) in respect of the supply of a product by or on behalf of a person who is not engaged in the business of dealing in that product.

• Marginal note:Application

  (3) For the purpose of this section, the market to which an advertisement relates is the market that the advertisement could reasonably be expected to reach, unless the advertisement defines the market more narrowly by reference to a geographical area, store, department of a store, sale by catalogue or otherwise.