Section 74.121 — Competition Act: Failure to comply with consent agreement

If, on application by the Commissioner, the court 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 74.12(3), the court may prohibit the person from doing anything that, in the court’s opinion, may constitute a failure to comply with the agreement; order the person to take any action that is necessary to comply with the agreement; order the person to pay, in any manner that the court 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 court after taking into account any evidence of the following: the person’s financial position, the person’s history of compliance with this Act, the duration of the period of non-compliance, and any other relevant factor; or grant any other relief that the court considers appropriate. 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. 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.