Competition Act
Sections and provisions with full text and the judgments that cite each one.
Section 66.1 — Whistleblowing
Any person who has reasonable grounds to believe that a person has committed or intends to commit an offence under the Act, may notify the Commissioner of the particulars of the matter and may…
Section 66.2 — Prohibition
No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that the employee, acting in good faith…
Section 67 — Procedure for enforcing punishment
Where an indictment is found against an accused, other than a corporation, for any offence against this Act, the accused may elect to be tried without a jury and where he so elects, he shall be tried…
Section 68 — Venue of prosecutions
Notwithstanding any other Act, a prosecution for an offence under Part VI or section 66 may be brought, in addition to any place in which the prosecution may be brought by virtue of the Criminal Code…
Section 69 — Definitions
In this section, agent of a participant means a person who by a record admitted in evidence under this section appears to be or is otherwise proven to be an officer, agent, servant, employee or…
Section 70 — Admissibility of statistics
A collection, compilation, analysis, abstract or other record or report of statistical information prepared or published under the authority of the Statistics Act , or any other enactment of…
Section 71 — Statistics collected by sampling methods
A collection, compilation, analysis, abstract or other record or report of statistics collected by sampling methods by or on behalf of the Commissioner or any other party to proceedings before the…
Section 72 — Notice
No record, report or statement of statistical information or statistics referred to in section 70 or 71 shall be received in evidence before the Tribunal or court unless the person intending to…
Section 73 — Jurisdiction of Federal Court
Subject to this section, the Attorney General of Canada may institute and conduct any prosecution or other proceedings under section 34, any of sections 45 to 49 or, if the proceedings are on…
Section 74
[Repealed, 1999, c. 2, s. 22]
Section 74.01 — Misrepresentations to public
A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business…
Section 74.011 — False or misleading representation — sender or subject matter information
A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, sends or causes to be sent a false or…
Section 74.012 — Assisting foreign states
The Commissioner may, for the purpose of assisting an investigation or proceeding in respect of the laws of a foreign state, an international organization of states or an international organization…
Section 74.02 — Representation as to reasonable test and publication of testimonials
A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of any product, or for the purpose of promoting, directly or indirectly, any…
Section 74.03 — Representations accompanying products
For the purposes of sections 74.01 and 74.02, a representation that is expressed on an article offered or displayed for sale or its wrapper or container, expressed on anything attached to, inserted…
Section 74.04 — Definition of bargain price
For the purposes of this section, bargain price means a price that is represented in an advertisement to be a bargain price by reference to an ordinary price or otherwise; or a price that a person…
Section 74.05 — Sale above advertised price
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…
Section 74.06 — Promotional contests
A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product, or for the purpose of promoting, directly or indirectly, any business…
Section 74.07 — Saving
Sections 74.01 to 74.06 do not apply to a person who prints or publishes or otherwise disseminates a representation, including an advertisement, on behalf of another person in Canada, where the…
Section 74.08 — Civil rights not affected
Except as otherwise provided in this Part, nothing in this Part shall be construed as depriving any person of a civil right of action.
Section 74.09 — Definition of court
In sections 74.1 to 74.14 and 74.18, court means in respect of an application by the Commissioner, the Tribunal, the Federal Court or the superior court of a province; and in respect of an…
Section 74.1 — Determination of reviewable conduct and judicial order
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…
Section 74.101 — Deduction from administrative monetary penalty
If a court determines that a person is engaging in or has engaged in conduct that is reviewable under section 74.011 and orders the person to pay an administrative monetary penalty under paragraph…
Section 74.11 — Temporary order
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…
Section 74.111 — Interim injunction
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…
Section 74.12 — Consent agreement
The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part may sign a consent agreement. The consent agreement shall be based on terms…
Section 74.121 — 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…
Section 74.13 — Rescission or variation of consent agreement or order
The court may rescind or vary a consent agreement that it has registered or an order that it has made under this Part, on application by the Commissioner or the person who consented to the agreement,…
Section 74.131 — Consent agreement — parties to a private action
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…
Section 74.132 — Failure to comply with consent agreement
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…
Section 74.133 — Service of agreement on Commissioner
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…
Section 74.134 — Failure to serve
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…
Section 74.14 — Evidence
In determining whether or not to make an order under this Part, the court shall not exclude from consideration any evidence by reason only that it might be evidence in respect of an offence under…
Section 74.15 — Unpaid monetary penalty
The amount of an administrative monetary penalty imposed on a person under paragraph 74.1(1)(c) is a debt due to Her Majesty in right of Canada and may be recovered as such from that person in a…
Section 74.16 — Where proceedings commenced under section 52 or 52.01
No application may be made under this Part against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which proceedings have been commenced…
Section 74.17 — Power of courts
The rules committee of the Federal Court, or a superior court of a province, may make rules respecting the procedure for the disposition of applications by that court under this Part.
Section 74.18 — Appeal to Federal Court of Appeal
An appeal may be brought in the Federal Court of Appeal from any decision or order made under this Part, or from a refusal to make an order, by the Tribunal or the Federal Court. An appeal may be…
Section 74.19 — Appeal on question of fact
An appeal on a question of fact from a decision or order made under this Part may be brought only with the leave of the Federal Court of Appeal or the court of appeal of the province, as the case may…
Section 75 — Jurisdiction of Tribunal — cases of refusal to deal
The Tribunal may, on application by the Commissioner or a person granted leave under section 103.1, order one or more suppliers of a product, including a means of diagnosis or repair, in a market to…
Section 76 — Price maintenance
On application by the Commissioner or a person granted leave under section 103.1, the Tribunal may make an order under subsection (2) if the Tribunal finds that a person referred to in subsection (3)…
Section 77 — Definitions
For the purposes of this section, exclusive dealing means any practice whereby a supplier of a product, as a condition of supplying the product to a customer, requires that customer to deal only or…
Section 78 — Definition of anti-competitive act
For the purposes of section 79, anti-competitive act means any act intended to have a predatory, exclusionary or disciplinary negative effect on a competitor, or to have an adverse effect on…
Section 79 — Prohibition if abuse of dominant position
On application by the Commissioner or a person granted leave under section 103.1, if the Tribunal finds that one or more persons substantially or completely control a class or species of business…
Section 79.1 — Unpaid monetary penalty
The amount of an administrative monetary penalty imposed on a person under subsection 79(3.1) is a debt due to Her Majesty in right of Canada and may be recovered as such from that person in a court…
Section 80 — Definition of delivered pricing
For the purposes of section 81, delivered pricing means the practice of refusing a customer, or a person seeking to become a customer, delivery of an article at any place in which the supplier…
Section 81 — Delivered pricing
Where, on application by the Commissioner, the Tribunal finds that delivered pricing is engaged in by a major supplier of an article in a market or is widespread in a market with the result that a…
Section 82 — Foreign judgments, etc.
Where, on application by the Commissioner, the Tribunal finds that a judgment, decree, order or other process given, made or issued by or out of a court or other body in a country other than Canada…
Section 83 — Foreign laws and directives
Where, on application by the Commissioner, the Tribunal finds that a decision has been or is about to be made by a person in Canada or a company incorporated by or pursuant to an Act of Parliament or…
Section 84 — Refusal to supply by foreign supplier
Where, on application by the Commissioner, the Tribunal finds that a supplier outside Canada has refused to supply a product or otherwise discriminated in the supply of a product to a person in…
Section 85 — Definitions
For the purposes of this section and sections 86 to 90, article includes each separate type, size, weight and quality in which an article, within the meaning assigned by section 2, is produced; (…