GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 52.01
False or misleading representation — sender or subject matter information 52.01 (1) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent a false or misleading representation in the sender information or subject matter information of an electronic message. False or misleading representation — electronic message (2) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent in an electronic message a representation that is false or misleading in a material respect. False or misleading representation — locator (3) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly make or cause to be made a false or misleading representation in a locator. Proof of deception not required (4) For greater certainty, in establishing that any of subsections (1) to (3) was contravened, it is not necessary to prove that any person was deceived or misled. Drip pricing (4.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Parliament or the legislature of a province. General impression to be considered (5) In a prosecution for a contravention of any of subsections (1) to (3), the general impression conveyed by a representation as well as its literal meaning are to be taken into account. Offence and punishment (6) Any person who contravenes any of subsections (1) to (3) is guilty of an offence and (a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or (b) liable on summary conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. Reviewable conduct (7) Nothing in Part VII.1 is to be read as excluding the application of this section to the making of a representation that constitutes reviewable conduct within the meaning of that Part. Application made under Part VII.1 (8) No proceedings may be commenced under this section against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is, on application by the Commissioner, sought under Part VII.1. Interpretation (9) For the purposes of this section, (a) an electronic message is considered to have been sent once its transmission has been initiated; and (b) it is immaterial whether the electronic address to which an electronic message is sent exists or whether an electronic message reaches its intended destination. 2010, c. 23, s. 75 2024, c. 15, s. 234
Competition Act — C-34 52.02
Assisting foreign states 52.02 (1) 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 established by the governments of states that address conduct that is substantially similar to conduct prohibited under section 52, 52.01, 52.1, 53, 55 or 55.1, (a) conduct any investigation that the Commissioner considers necessary to collect relevant information, using any powers that the Commissioner may use under this Act or the Criminal Code to investigate an offence under any of those sections; and (b) disclose the information to the government of the foreign state or to the international organization, or to any institution of any such government or organization responsible for conducting investigations or initiating proceedings in respect of the laws in respect of which the assistance is being provided, if the government, organization or institution declares in writing that (i) the use of the information will be restricted to purposes relevant to the investigation or proceeding, and (ii) the information will be treated in a confidential manner and, except for the purposes mentioned in subparagraph (i), will not be further disclosed without the Commissioner’s express consent. Mutual assistance (2) In deciding whether to provide assistance under subsection (1), the Commissioner shall consider whether the government, organization or institution agrees to provide assistance for investigations or proceedings in respect of any of the sections mentioned in subsection (1). 2010, c. 23, s. 75
Competition Act — C-34 52.1
ishment provided for the offence, whether or not the corporation has been prosecuted or convicted, unless the officer or director establishes that the officer or director exercised due diligence to prevent the commission of the offence. Offence and punishment (9) Any person who contravenes subsection (2) or (3) is guilty of an offence and liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. Sentencing (10) In sentencing a person convicted of an offence under this section, the court shall consider, among other factors, the following aggravating factors: (a) the use of lists of persons previously deceived by means of telemarketing; (b) characteristics of the persons to whom the telemarketing was directed, including classes of persons who are especially vulnerable to abusive tactics; (c) the amount of the proceeds realized by the person from the telemarketing; (d) previous convictions of the person under this section or under section 52 in respect of conduct prohibited by this section; and (e) the manner in which information is conveyed, including the use of abusive tactics. 1999, c. 2, s. 13; 2009, c. 2, s. 415; 2010, c. 23, s. 76; 2014, c. 31, s. 34
Competition Act — C-34 54
Double ticketing 54 (1) No person shall supply a product at a price that exceeds the lowest of two or more prices clearly expressed by him or on his behalf, in respect of the product in the quantity in which it is so supplied and at the time at which it is so supplied, (a) on the product, its wrapper or container; (b) on anything attached to, inserted in or accompanying the product, its wrapper or container or anything on which the product is mounted for display or sale; or (c) on an in-store or other point-of-purchase display or advertisement. Offence and punishment (2) Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both. 1974-75-76, c. 76, s. 18
Competition Act — C-34 55
Definition of multi-level marketing plan 55 (1) For the purposes of this section and section 55.1, multi-level marketing plan means a plan for the supply of a product whereby a participant in the plan receives compensation for the supply of the product to another participant in the plan who, in turn, receives compensation for the supply of the same or another product to other participants in the plan. Representations as to compensation (2) No person who operates or participates in a multi-level marketing plan shall make any representations relating to compensation under the plan to a prospective participant in the plan unless the representations constitute or include fair, reasonable and timely disclosure of the information within the knowledge of the person making the representations relating to (a) compensation actually received by typical participants in the plan; or (b) compensation likely to be received by typical participants in the plan, having regard to any relevant considerations, including (i) the nature of the product, including its price and availability, (ii) the nature of the relevant market for the product, (iii) the nature of the plan and similar plans, and (iv) whether the person who operates the plan is a corporation, partnership, sole proprietorship or other form of business organization. Idem (2.1) A person who operates a multi-level marketing plan shall ensure that any representations relating to compensation under the plan that are made to a prospective participant in the plan by a participant in the plan or by a representative of the person who operates the plan constitute or include fair, reasonable and timely disclosure of the information within the knowledge of the person who operates the plan relating to (a) compensation actually received by typical participants in the plan; or (b) compensation likely to be received by typical participants in the plan, having regard to any relevant considerations, including those specified in paragraph (2)(b). Due diligence defence (2.2) A person accused of an offence under subsection (2.1) shall not be convicted of the offence if the accused establishes that he or she took reasonable precautions and exercised due diligence to ensure (a) that no representations relating to compensation under the plan were made by participants in the plan or by representatives of the accused; or (b) that any representations relating to compensation under the plan that were made by participants in the plan or by representatives of the accused constituted or included fair, reasonable and timely disclosure of the information referred to in that subsection. Offence and punishment (3) Any person who contravenes subsection (2) or (2.1) is guilty of an offence and liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. R.S., 1985, c. C-34, s. 55; 1992, c. 14, s. 1; 1999, c. 2, s. 15
Competition Act — C-34 55.1
Definition of scheme of pyramid selling 55.1 (1) For the purposes of this section, scheme of pyramid selling means a multi-level marketing plan whereby (a) a participant in the plan gives consideration for the right to receive compensation by reason of the recruitment into the plan of another participant in the plan who gives consideration for the same right; (b) a participant in the plan gives consideration, as a condition of participating in the plan, for a specified amount of the product, other than a specified amount of the product that is bought at the seller’s cost price for the purpose only of facilitating sales; (c) a person knowingly supplies the product to a participant in the plan in an amount that is commercially unreasonable; or (d) a participant in the plan who is supplied with the product (i) does not have a buy-back guarantee that is exercisable on reasonable commercial terms or a right to return the product in saleable condition on reasonable commercial terms, or (ii) is not informed of the existence of the guarantee or right and the manner in which it can be exercised. Pyramid selling (2) No person shall establish, operate, advertise or promote a scheme of pyramid selling. Offence and punishment (3) Any person who contravenes subsection (2) is guilty of an offence and liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. 1992, c. 14, s. 1; 1999, c. 2, s. 16
Competition Act — C-34 60
Defence 60 Section 54 does not apply to a person who prints or publishes or otherwise distributes a representation or an advertisement on behalf of another person in Canada if he or she establishes that he or she obtained and recorded the name and address of that other person and accepted the representation or advertisement in good faith for printing, publishing or other distribution in the ordinary course of his or her business. R.S., 1985, c. C-34, s. 60; 1999, c. 2, s. 17.1
Competition Act — C-34 62
Civil rights not affected 62 Except as otherwise provided in this Part, nothing in this Part shall be construed as depriving any person of any civil right of action. R.S., c. C-23, s. 39; 1974-75-76, c. 76, s. 18
Competition Act — C-34 63
63 [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 37]
Competition Act — C-34 64
Obstruction 64 (1) No person shall in any manner impede or prevent or attempt to impede or prevent any inquiry or examination under this Act. Offence and punishment (2) Every person who contravenes subsection (1) is guilty of an offence and (a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or (b) liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both. R.S., 1985, c. C-34, s. 64; 2009, c. 2, s. 418
Competition Act — C-34 65
Contravention of Part II provisions 65 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, fails to comply with an order made under section 11 and every person who contravenes subsection 15(5) or 16(2) is guilty of an offence and (a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding two years, or to both; or (b) liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both. Failure to supply information (2) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 114(1) is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $50,000. Destruction or alteration of records or things (3) Every person who destroys or alters, or causes to be destroyed or altered, any record or other thing that is required to be produced under section 11 or in respect of which a warrant is issued under section 15 is guilty of an offence and (a) liable on conviction on indictment to a fine in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or (b) liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both. Liability of directors (4) Where a corporation commits an offence under this section, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. R.S., 1985, c. C-34, s. 65; R.S., 1985, c. 19 (2nd Supp.), s. 38; 1999, c. 2, s. 18; 2009, c. 2, s. 419
Competition Act — C-34 65.1
Contravention of subsection 30.06(5) 65.1 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 30.06(5) is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both. Destruction or alteration of records or things (2) Every person who destroys or alters, or causes to be destroyed or altered, any record or thing in respect of which a search warrant is issued under section 30.06 or that is required to be produced pursuant to an order made under subsection 30.11(1) or 30.16(1) is guilty of an offence and liable (a) on conviction on indictment to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or (b) on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both. 2002, c. 16, s. 7
Competition Act — C-34 65.2
Refusal after objection overruled 65.2 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c) after a judge has ruled against the objection under paragraph 30.11(8)(a), is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both. Refusal where no ruling made on objection (2) Every person is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both, who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c), where no ruling has been made under paragraph 30.11(8)(a), (a) without giving the detailed statement required by subsection 30.11(9); or (b) if the person was previously asked the same question or requested to produce the same record or thing and refused to do so and the reasons on which that person based the previous refusal were determined not to be well-founded by (i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or (ii) a court of the foreign state or by a person designated by the foreign state, if the reasons were based on a law that applies to the foreign state. 2002, c. 16, s. 7
Competition Act — C-34 66
Contravention of order under Part VII.1 or VIII 66 Every person who contravenes an order made under Part VII.1, except paragraphs 74.1(1)(c) and (d), or under Part VIII, except subsection 79(3.1), is guilty of an offence and liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years, or to both; or (b) on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. R.S., 1985, c. C-34, s. 66; R.S., 1985, c. 19 (2nd Supp.), s. 39; 1999, c. 2, s. 19; 2009, c. 2, s. 420
Competition Act — C-34 66.1
Whistleblowing 66.1 (1) 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 request that his or her identity be kept confidential with respect to the notification. Confidentiality (2) The Commissioner shall keep confidential the identity of a person who has notified the Commissioner under subsection (1) and to whom an assurance of confidentiality has been provided by any person who performs duties or functions in the administration or enforcement of this Act. 1999, c. 2, s. 19
Competition Act — C-34 66.2
Prohibition 66.2 (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has committed or intends to commit an offence under this Act; (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that an offence not be committed under this Act; or (d) the employer believes that the employee will do anything referred to in paragraph (a) or (c) or will refuse to do anything referred to in paragraph (b). Saving (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement. Definitions (3) In this section, employee includes an independent contractor and employer has the corresponding meaning. 1999, c. 2, s. 19
Competition Act — C-34 67
Procedure for enforcing punishment 67 (1) 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 by the judge presiding at the court at which the indictment is found, or the judge presiding at any subsequent sittings of that court, or at any court where the indictment comes on for trial. Application of Criminal Code (2) Where an election is made under subsection (1), the proceedings subsequent to the election shall be regulated in so far as may be applicable by the provisions of the Criminal Code relating to the trial of indictable offences by a judge without a jury. Jurisdiction of courts (3) No court other than a superior court of criminal jurisdiction, as defined in the Criminal Code , has power to try any offence under section 45, 46, 47, 48 or 49. Corporations — trials with or without jury (4) Despite anything in the Criminal Code or in any other statute or law, the following rules apply to corporations charged with an offence under this Act: (a) if one or more corporations are charged and no individual is charged in the same indictment, the corporation or corporations are to be tried without a jury; (b) if one or more corporations and a single individual are charged in the same indictment, then, unless the court is satisfied that the ends of justice require otherwise, the corporation or corporations are to be tried (i) without a jury if the individual elects or re-elects to be tried without a jury, or (ii) with a jury if the individual elects or re-elects to be tried with a jury; and (c) if one or more corporations and two or more individuals are charged in the same indictment, then, unless the court is satisfied that the ends of justice require otherwise, the corporation or corporations are to be tried (i) without a jury if all the individuals elect or re-elect to be tried without a jury, (ii) with a jury if all the individuals elect or re-elect to be tried with a jury, or (iii) either with or without a jury, as determined by the Attorney General of Canada for each corporation, if some but not all of the individuals elect or re-elect to be tried without a jury. Option as to procedure under subsection 34(2) (5) In any case where subsection 34(2) is applicable, the Attorney General of Canada or the attorney general of the province may in his discretion institute proceedings either by way of an information under that subsection or by way of prosecution. Limitation period (6) Proceedings in respect of an offence that is declared by this Act to be punishable on summary conviction may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose. R.S., 1985, c. C-34, s. 67 2024, c. 15, s. 235
Competition Act — C-34 68
Venue of prosecutions 68 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 , (a) where the accused is a corporation, in any territorial division in which the corporation has its head office or a branch office, whether or not the branch office is provided for in any Act or instrument relating to the incorporation or organization of the corporation; and (b) where the accused is not a corporation, in any territorial division in which the accused resides or has a place of business. R.S., 1985, c. C-34, s. 68; 1999, c. 2, s. 20