GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 69
Definitions 69 (1) 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to be an officer, agent, servant, employee or representative of a participant; ( agent d’un participant ) document [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 40] participant means any person against whom proceedings have been instituted under this Act and in the case of a prosecution means any accused and any person who, although not accused, is alleged in the charge or indictment to have been a co-conspirator or otherwise party or privy to the offence charged. ( participant ) Evidence against a participant (2) In any proceedings before the Tribunal or in any prosecution or proceedings before a court under or pursuant to this Act, (a) anything done, said or agreed on by an agent of a participant shall, in the absence of evidence to the contrary, be deemed to have been done, said or agreed on, as the case may be, with the authority of that participant; (b) a record written or received by an agent of a participant shall, in the absence of evidence to the contrary, be deemed to have been written or received, as the case may be, with the authority of that participant; and (c) a record proved to have been in the possession of a participant or on premises used or occupied by a participant or in the possession of an agent of a participant shall be admitted in evidence without further proof thereof and is prima facie proof (i) that the participant had knowledge of the record and its contents, (ii) that anything recorded in or by the record as having been done, said or agreed on by any participant or by an agent of a participant was done, said or agreed on as recorded and, where anything is recorded in or by the record as having been done, said or agreed on by an agent of a participant, that it was done, said or agreed on with the authority of that participant, and (iii) that the record, where it appears to have been written by any participant or by an agent of a participant, was so written and, where it appears to have been written by an agent of a participant, that it was written with the authority of that participant. R.S., 1985, c. C-34, s. 69; R.S., 1985, c. 19 (2nd Supp.), s. 40
Competition Act — C-34
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 representative of a participant; ( agent d’un participant )
Competition Act — C-34
document [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 40]
Competition Act — C-34
participant means any person against whom proceedings have been instituted under this Act and in the case of a prosecution means any accused and any person who, although not accused, is alleged in the charge or indictment to have been a co-conspirator or otherwise party or privy to the offence charged. ( participant )
Competition Act — C-34 70
Admissibility of statistics 70 (1) A collection, compilation, analysis, abstract or other record or report of statistical information prepared or published under the authority of (a) the Statistics Act , or (b) any other enactment of Parliament or of the legislature of a province, is admissible in evidence in any proceedings before the Tribunal or in any prosecution or proceedings before a court under or pursuant to this Act. Idem (2) On request from the Minister or the Commissioner (a) the Chief Statistician of Canada or an officer of any department or agency of the Government of Canada the functions of which include the gathering of statistics shall, and (b) an officer of any department or agency of the government of a province the functions of which include the gathering of statistics may, compile from his or its records a statement of statistics relating to any industry or sector thereof, in accordance with the terms of the request, and any such statement is admissible in evidence in any proceedings before the Tribunal or in any prosecution or proceedings before a court under or pursuant to this Act. Privileged information not affected (3) Nothing in this section compels or authorizes the Chief Statistician of Canada or any officer of a department or agency of the Government of Canada to disclose any particulars relating to an individual or business in a manner that is prohibited by any provision of an enactment of Parliament or of a provincial legislature designed for the protection of those particulars. Certificate (4) In any proceedings before the Tribunal, or in any prosecution or proceedings before a court under or pursuant to this Act, a certificate purporting to be signed by the Chief Statistician of Canada or the officer of the department or agency of the Government of Canada or of a province under whose supervision a record, report or statement of statistics referred to in this section was prepared, setting out that the record, report or statement of statistics attached thereto was prepared under his supervision, is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed. R.S., 1985, c. C-34, s. 70; R.S., 1985, c. 19 (2nd Supp.), s. 41; 1999, c. 2, s. 37
Competition Act — C-34 71
Statistics collected by sampling methods 71 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 Tribunal, or to a prosecution or proceedings before a court under or pursuant to this Act, is admissible in evidence in that prosecution or those proceedings. R.S., 1985, c. C-34, s. 71; R.S., 1985, c. 19 (2nd Supp.), s. 42; 1999, c. 2, s. 37
Competition Act — C-34 72
Notice 72 (1) 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 produce the record, report or statement in evidence has given to the person against whom it is intended to be produced reasonable notice together with a copy of the record, report or statement and, in the case of a record or report of statistics referred to in section 71, together with the names and qualifications of those persons who participated in the preparation thereof. Attendance of statistician (2) Any person against whom a record or report of statistics referred to in section 70 is produced may require, for the purposes of cross-examination, the attendance of any person under whose supervision the record or report was prepared. Idem (3) Any person against whom a record or report of statistics referred to in section 71 is produced may require, for the purposes of cross-examination, the attendance of any person who participated in the preparation of the record or report. R.S., 1985, c. C-34, s. 72; R.S., 1985, c. 19 (2nd Supp.), s. 43
Competition Act — C-34 73
Jurisdiction of Federal Court 73 (1) 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 indictment, under section 52, 52.1, 53, 55, 55.1 or 66, in the Federal Court, and for the purposes of the prosecution or other proceedings, the Federal Court has all the powers and jurisdiction of a superior court of criminal jurisdiction under the Criminal Code and under this Act. No jury (2) The trial of an offence under Part VI or section 66 in the Federal Court shall be without a jury. Appeal (3) An appeal lies from the Federal Court to the Federal Court of Appeal and from the Federal Court of Appeal to the Supreme Court of Canada in any prosecution or proceedings under Part VI or section 66 of this Act as provided in Part XXI of the Criminal Code for appeals from a trial court and from a court of appeal. Proceedings optional (4) Proceedings under subsection 34(2) may in the discretion of the Attorney General of Canada be instituted in either the Federal Court or a superior court of criminal jurisdiction in the province but no prosecution shall be instituted against an individual in the Federal Court in respect of an offence under Part VI or section 66 without the consent of the individual. R.S., 1985, c. C-34, s. 73; 1999, c. 2, s. 21; 2002, c. 8, ss. 183, 198, c. 16, s. 8; 2009, c. 2, s. 421
Competition Act — C-34 74.01
d the relevant geographic market, establishes that (a) they have sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation, as the case may be; or (b) they have offered the product at that price or a higher price in good faith for a substantial period of time recently before or immediately after the making of the representation, as the case may be. References to time in subsections (2) and (3) (4) For greater certainty, whether the period of time to be considered in paragraphs (2)(a) and (b) and (3)(a) and (b) is before or after the making of the representation depends on whether the representation relates to (a) the price at which products have been or are supplied; or (b) the price at which products will be supplied. Saving (5) Subsections (2) and (3) do not apply to a person who establishes that, in the circumstances, a representation as to price is not false or misleading in a material respect. (6) [Repealed, 2009, c. 2, s. 422] 1999, c. 2, s. 22; 2009, c. 2, s. 422 2022, c. 10, s. 259 2024, c. 15, s. 236 2026, c. 3, s. 597
Competition Act — C-34 74.011
False or misleading representation — sender or subject matter information 74.011 (1) 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 misleading representation in the sender information or subject matter information of an electronic message. False or misleading representation — electronic message (2) 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 in an electronic message a representation that is false or misleading in a material respect. False or misleading representation — locator (3) 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, makes or causes to be made a false or misleading representation in a locator. Drip pricing (3.1) 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. Proof of deception not required (3.2) For greater certainty, in determining whether or not the person who made the representation engaged in the reviewable conduct, it is not necessary to establish that any person was deceived or misled. General impression to be considered (4) In proceedings under this section, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the person who made the representation engaged in the reviewable conduct. Interpretation (5) 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. 77 2024, c. 15, s. 237
Competition Act — C-34 74.012
Assisting foreign states 74.012 (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 that is reviewable under section 74.01, 74.011, 74.02, 74.04, 74.05 or 74.06, (a) conduct any investigation that the Commissioner considers necessary to collect relevant information, using any powers that the Commissioner may use under this Act to investigate conduct that is reviewable 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. Limitation (2) Subsection (1) does not apply if the contravention of the laws of the foreign state has consequences that would be considered penal under Canadian law. Mutual assistance (3) 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. 77
Competition Act — C-34 74.02
Representation as to reasonable test and publication of testimonials 74.02 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 business interest, makes a representation to the public that a test has been made as to the performance, efficacy or length of life of a product by any person, or publishes a testimonial with respect to a product, unless the person making the representation or publishing the testimonial can establish that (a) such a representation or testimonial was previously made or published by the person by whom the test was made or the testimonial was given, or (b) such a representation or testimonial was, before being made or published, approved and permission to make or publish it was given in writing by the person by whom the test was made or the testimonial was given, and the representation or testimonial accords with the representation or testimonial previously made, published or approved. 1999, c. 2, s. 22
Competition Act — C-34 74.03
Representations accompanying products 74.03 (1) For the purposes of sections 74.01 and 74.02, a representation that is (a) expressed on an article offered or displayed for sale or its wrapper or container, (b) expressed on anything attached to, inserted in or accompanying an article offered or displayed for sale, its wrapper or container, or anything on which the article is mounted for display or sale, (c) expressed on an in-store or other point-of-purchase display, (d) made in the course of in-store or door-to-door selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or (e) contained in or on anything that is sold, sent, delivered, transmitted or made available in any other manner to a member of the public, is deemed to be made to the public by and only by the person who causes the representation to be so expressed, made or contained, subject to subsection (2). Representations from outside Canada (2) Where a person referred to in subsection (1) is outside Canada, a representation described in paragraph (1)(a), (b), (c) or (e) is, for the purposes of sections 74.01 and 74.02, deemed to be made to the public by the person who imports into Canada the article, thing or display referred to in that paragraph. Deemed representation to public (3) Subject to subsection (1), a person who, for the purpose of promoting, directly or indirectly, the supply or use of a product or any business interest, supplies to a wholesaler, retailer or other distributor of a product any material or thing that contains a representation of a nature referred to in section 74.01 is deemed to make that representation to the public. Certain matters need not be established (4) For greater certainty, in proceedings under sections 74.01 and 74.02, it is not necessary to establish that (a) any person was deceived or misled; (b) any member of the public to whom the representation was made was within Canada; or (c) the representation was made in a place to which the public had access. General impression to be considered (5) In proceedings under sections 74.01 and 74.02, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the person who made the representation engaged in the reviewable conduct. 1999, c. 2, s. 22; 2009, c. 2, s. 423; 2010, c. 23, s. 78; 2014, c. 31, s. 35
Competition Act — C-34 74.04
Definition of bargain price 74.04 (1) For the purposes of this section, bargain price means (a) a price that is represented in an advertisement to be a bargain price by reference to an ordinary price or otherwise; or (b) a price that a person who reads, hears or sees the advertisement would reasonably understand to be a bargain price by reason of the prices at which the product advertised or like products are ordinarily supplied. Bait and switch selling (2) A person engages in reviewable conduct who advertises at a bargain price a product that the person does not supply in reasonable quantities having regard to the nature of the market in which the person carries on business, the nature and size of the person’s business and the nature of the advertisement. Saving (3) Subsection (2) does not apply to a person who establishes that (a) the person took reasonable steps to obtain in adequate time a quantity of the product that would have been reasonable having regard to the nature of the advertisement, but was unable to obtain such a quantity by reason of events beyond the person’s control that could not reasonably have been anticipated; (b) the person obtained a quantity of the product that was reasonable having regard to the nature of the advertisement, but was unable to meet the demand therefor because that demand surpassed the person’s reasonable expectations; or (c) after becoming unable to supply the product in accordance with the advertisement, the person undertook to supply the same product or an equivalent product of equal or better quality at the bargain price and within a reasonable time to all persons who requested the product and who were not supplied with it during the time when the bargain price applied, and the person fulfilled the undertaking. 1999, c. 2, s. 22
Competition Act — C-34 74.05
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. 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. 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. 1999, c. 2, s. 22
Competition Act — C-34 74.06
Promotional contests 74.06 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 interest, conducts any contest, lottery, game of chance or skill, or mixed chance and skill, or otherwise disposes of any product or other benefit by any mode of chance, skill or mixed chance and skill whatever, where (a) adequate and fair disclosure is not made of the number and approximate value of the prizes, of the area or areas to which they relate and of any fact within the knowledge of the person that affects materially the chances of winning; (b) distribution of the prizes is unduly delayed; or (c) selection of participants or distribution of prizes is not made on the basis of skill or on a random basis in any area to which prizes have been allocated. 1999, c. 2, s. 22
Competition Act — C-34 74.07
Saving 74.07 (1) 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 person establishes that the person obtained and recorded the name and address of that other person and accepted the representation in good faith for printing, publishing or other dissemination in the ordinary course of that person’s business. Non-application (2) Sections 74.01 to 74.06 do not apply in respect of conduct prohibited by sections 52.1, 53, 55 and 55.1. 1999, c. 2, s. 22; 2002, c. 16, s. 9
Competition Act — C-34 74.08
Civil rights not affected 74.08 Except as otherwise provided in this Part, nothing in this Part shall be construed as depriving any person of a civil right of action. 1999, c. 2, s. 22
Competition Act — C-34 74.09
Definition of court 74.09 In sections 74.1 to 74.14 and 74.18, court means (a) in respect of an application by the Commissioner, the Tribunal, the Federal Court or the superior court of a province; and (b) in respect of an application made by a person granted leave under section 103.1, the Tribunal. 1999, c. 2, s. 22; 2002, c. 8, s. 183 2024, c. 15, s. 238