Competition Act
Sections and provisions with full text and the judgments that cite each one.
Section 86 — Order directing registration
Where, on application by any person, and after affording the Commissioner a reasonable opportunity to be heard, the Tribunal finds that an agreement that the person who has made the application has…
Section 87 — Registration of modifications
On application by the parties to a specialization agreement that has been registered, and after affording the Commissioner a reasonable opportunity to be heard, the Tribunal may make an order…
Section 88 — Right of intervention
The attorney general of a province may intervene in any proceedings before the Tribunal under section 86 or 87 for the purpose of making representations on behalf of the province.
Section 89 — Register of specialization agreements
The Tribunal shall cause to be maintained a register of specialization agreements, and any modifications of those agreements, that the Tribunal has directed be registered, and any such agreements and…
Section 90 — Non-application of sections 45, 77 and 90.1
Section 45, section 77 as it applies to exclusive dealing, and section 90.1 do not apply in respect of a specialization agreement, or any modification of such an agreement, that is registered.
Section 90.1 — Order
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…
Section 91 — Definition of merger
In sections 92 to 100, merger means the acquisition or establishment, direct or indirect, by one or more persons, whether by purchase or lease of shares or assets, by amalgamation or by combination…
Section 92 — Order
Where, on application by the Commissioner, the Tribunal finds that a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially in a trade, industry…
Section 93 — Factors to be considered regarding prevention or lessening of competition
In determining, for the purpose of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may have…
Section 94 — Exception
The Tribunal shall not make an order under section 92 in respect of a merger substantially completed before the coming into force of this section; a merger or proposed merger under the Bank Act , the…
Section 95 — Exception for joint ventures
The Tribunal shall not make an order under section 92 in respect of a combination formed or proposed to be formed, otherwise than through a corporation, to undertake a specific project or a program…
Section 96
[Repealed, 2023, c. 31, s. 10]
Section 97 — Limitation period
No application may be made under section 92, in respect of a merger that was the subject of a request for a certificate under section 102 or a notification under section 114, more than one year after…
Section 98 — Where proceedings commenced under section 45, 49, 79 or 90.1
No application may be made under section 92 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 99 — Conditional orders directing dissolution of a merger
The Tribunal may provide, in an order made under section 92 directing a person to dissolve a merger or to dispose of assets or shares, that the order may be rescinded or varied if, within a…
Section 100 — Interim order where no application under section 92
The Tribunal may issue an interim order forbidding any person named in the application from doing any act or thing that it appears to the Tribunal may constitute or be directed toward the completion…
Section 101 — Right of intervention
The attorney general of a province may intervene in any proceedings before the Tribunal under section 92 for the purpose of making representations on behalf of the province.
Section 102 — Advance ruling certificates
Where the Commissioner is satisfied by a party or parties to a proposed transaction that he would not have sufficient grounds on which to apply to the Tribunal under section 92, the Commissioner may…
Section 103 — No application under section 92
Where the Commissioner issues a certificate under section 102, the Commissioner shall not, if the transaction to which the certificate relates is substantially completed within one year after the…
Section 103.1 — Leave to make application under section 74.1, 75, 76, 77, 79 or 90.1
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…
Section 103.2 — Intervention by Commissioner
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.
Section 103.3 — Interim order
Subject to subsection (2), the Tribunal may, on ex parte application by the Commissioner in which the Commissioner certifies that an inquiry is being made under paragraph 10(1)(b), issue an interim…
Section 104 — Interim order
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…
Section 104.1
[Repealed, 2009, c. 2, s. 433]
Section 105 — Consent agreement
The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part, other than an interim order under section 103.3, may sign a consent agreement.…
Section 106 — Rescission or variation of consent agreement or order
The Tribunal may rescind or vary a consent agreement or an order made under this Part other than an order under section 103.3 or a consent agreement under section 106.1, on application by the…
Section 106.1 — 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 75, 76, 77, 79 or 90.1 and the terms of the order are agreed to by the person in respect…
Section 106.2 — 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 106.3 — 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 75, 76, 77, 79 or 90.1 and the person discontinues the application by reason of having…
Section 106.4 — 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 107 — Evidence
In determining whether or not to make an order under this Part, the Tribunal shall not exclude from consideration any evidence by reason only that it might be evidence in respect of an offence under…
Section 107.1 — Definitions
The following definitions apply in this Part: court means the Federal Court or the superior court of a province. ( tribunal ) reprisal action means an action taken by a person to penalize, punish,…
Section 107.2 — Prohibition orders
If, following an application by the Commissioner or a person directly and substantially affected by an alleged reprisal action, a court concludes that a person is engaging, has engaged or is likely…
Section 107.3 — Administrative Monetary Penalties
If the court makes an order against a person under section 107.2 on the basis that the person is engaging in or has engaged in a reprisal action, it may also order them to pay an administrative…
Section 107.4 — Purpose of order
The terms of an order made against a person under section 107.3 are to be determined with a view to promoting conduct by that person that is in conformity with the purposes of this Act and not with a…
Section 107.5 — Aggravating or mitigating factors
Any evidence of the following shall be taken into account in determining the amount of an administrative monetary penalty under section 107.3: the frequency and duration of the conduct; the…
Section 107.6 — Unpaid monetary penalty
The administrative monetary penalty imposed under section 107.3 is a debt due to His Majesty in right of Canada and may be recovered as such from that person in a court of competent jurisdiction.
Section 108 — Definitions
In this Part, equity interest means in the case of a corporation, a share in the corporation; and in the case of an entity other than a corporation, an interest that entitles the holder of that…
Section 109 — General limit relating to parties
This Part does not apply in respect of a proposed transaction unless the parties thereto, together with their affiliates, have assets in Canada that exceed four hundred million dollars in aggregate…
Section 110 — Application of Part
This Part applies only in respect of proposed transactions described in this section. Subject to sections 111 and 113, this Part applies in respect of a proposed acquisition of any of the assets in…
Section 111 — Acquisitions
The following classes of transactions are exempt from the application of this Part: an acquisition of real property or goods in the ordinary course of business if the person or persons who propose to…
Section 112 — Combinations that are joint ventures
A combination is exempt from the application of this Part if all the persons who propose to form the combination are parties to an agreement in writing or intended to be put in writing that imposes…
Section 113 — General exemptions
The following classes of transactions are exempt from the application of this Part: a transaction all the parties to which are affiliates of each other; a transaction in respect of which the Minister…
Section 113.1 — Application of sections 114 to 123.1
If a transaction or proposed transaction is designed to avoid the application of this Part, sections 114 to 123.1 apply to the substance of the transaction or proposed transaction.
Section 114 — Notice of proposed transaction
Subject to this Part, the parties to a proposed transaction shall, before the transaction is completed, notify the Commissioner that the transaction is proposed and supply the Commissioner with the…
Section 115 — Prior notice of acquisitions
It is not necessary to comply with section 114 in respect of a proposed acquisition of voting shares or of an interest in a combination where a limit set out in subsection 110(3) or (6) would be…
Section 116 — If information cannot be supplied
If any of the information required under section 114 is not known or reasonably obtainable, or cannot be supplied because of the privilege that exists in respect of lawyers and notaries and their…
Section 117 — Saving
Nothing in section 114 requires any individual who is a director of a corporation to supply information that is known to that individual by virtue only of their position as a director of an affiliate…
Section 118 — Information to be certified
The information supplied to the Commissioner under section 114 shall be certified on oath or solemn affirmation as having been examined by one of the following individuals and as being, to the best…
Section 119 — Where transaction not completed
Where notice is given and information supplied in respect of a proposed transaction under section 114 but the transaction is not completed within one year thereafter or such longer period as the…