GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 90.1
 Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked. Limitation period (9.1) No application may be made under this section in respect of an agreement or arrangement that has been terminated for more than three years. Unpaid monetary penalty (9.2) The administrative monetary penalty imposed on a person under subsection (1.3) 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. Where proceedings commenced under section 45, 49, 76, 79 or 92 (10) No application may be made 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 (a) proceedings have been commenced against that person under section 45 or 49; or (b) an order against that person has been made under section 76, 79 or 92. Additional order — person granted leave (10.1) If the Tribunal makes an order under subsection (1) as the result of an application by a person granted leave under section 103.1, it may also order the person against whom the order is made to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate. Implementation of the order (10.2) The Tribunal may specify in an order made under subsection (10.1) any term that it considers necessary for the order’s implementation, including any term referred to in any of paragraphs 75(1.3)(a) to (g). Inferences (10.3) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application. Definition of competitor (11) In subsections (1) and (1.01), competitor includes a person who it is reasonable to believe would be likely to compete with respect to a product in the absence of the agreement or arrangement. 2009, c. 2, s. 429; 2018, c. 8, s. 115 2018, c. 10, s. 87 2022, c. 10, s. 263 2023, c. 31, s. 8 2024, c. 15, s. 248 2024, c. 15, s. 271
Competition Act — C-34 91
Definition of merger 91 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 or otherwise, of control over or significant interest in the whole or a part of a business of a competitor, supplier, customer or other person. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 93
Factors to be considered regarding prevention or lessening of competition 93 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 regard to the following factors: (a) the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the merger or proposed merger; (b) whether the business, or a part of the business, of a party to the merger or proposed merger has failed or is likely to fail; (c) the extent to which acceptable substitutes for products supplied by the parties to the merger or proposed merger are or are likely to be available; (d) any barriers to entry into a market, including (i) tariff and non-tariff barriers to international trade, (ii) interprovincial barriers to trade, and (iii) regulatory control over entry, and any effect of the merger or proposed merger on such barriers; (e) the extent to which effective competition remains or would remain in a market that is or would be affected by the merger or proposed merger; (f) any likelihood that the merger or proposed merger will or would result in the removal of a vigorous and effective competitor; (g) the nature and extent of change and innovation in a relevant market; (g.1) network effects within a market; (g.2) whether the merger or proposed merger would contribute to the entrenchment of the market position of leading incumbents; (g.3) any effect of the merger or proposed merger on price or non-price competition, including quality, choice or consumer privacy; (g.4) the change in concentration or market share that the merger or proposed merger has brought about or is likely to bring about; (g.5) any likelihood that the merger or proposed merger will or would result in express or tacit coordination between competitors in a market; and (h) any other factor that is relevant to competition in a market that is or would be affected by the merger or proposed merger. R.S., 1985, c. 19 (2nd Supp.), s. 45 2022, c. 10, s. 264 2024, c. 15, s. 250
Competition Act — C-34 94
Exception 94 The Tribunal shall not make an order under section 92 in respect of (a) a merger substantially completed before the coming into force of this section; (b) a merger or proposed merger under the Bank Act , the Cooperative Credit Associations Act , the Insurance Companies Act or the Trust and Loan Companies Act in respect of which the Minister of Finance has certified to the Commissioner the names of the parties and that the merger is in the public interest — or that it would be in the public interest, taking into account any terms and conditions that may be imposed under those Acts; (c) a merger or proposed merger approved under subsection 53.2(7) of the Canada Transportation Act and in respect of which the Minister of Transport has certified to the Commissioner the names of the parties; or (d) a merger or proposed merger that constitutes an existing or proposed arrangement , as defined in section 53.7 of the Canada Transportation Act , that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1991, c. 45, s. 549, c. 46, ss. 592, 593, c. 47, s. 716; 1999, c. 2, s. 37; 2000, c. 15, s. 14; 2001, c. 9, s. 579; 2007, c. 19, s. 62 2018, c. 10, s. 88
Competition Act — C-34 95
Exception for joint ventures 95 (1) 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 of research and development if (a) a project or program of that nature (i) would not have taken place or be likely to take place in the absence of the combination, or (ii) would not reasonably have taken place or reasonably be likely to take place in the absence of the combination because of the risks involved in relation to the project or program and the business to which it relates; (b) no change in control over any party to the combination resulted or would result from the combination; (c) all the persons who formed the combination are parties to an agreement in writing that imposes on one or more of them an obligation to contribute assets and governs a continuing relationship between those parties; (d) the agreement referred to in paragraph (c) restricts the range of activities that may be carried on pursuant to the combination, and provides that the agreement terminates on the completion of the project or program; and (e) the combination does not prevent or lessen or is not likely to prevent or lessen competition except to the extent reasonably required to undertake and complete the project or program. Limitation (2) For greater certainty, this section does not apply in respect of the acquisition of assets of a combination. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 97
Limitation period 97 No application may be made under section 92, (a) 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 the merger has been substantially completed; or (b) in respect of any other merger, more than three years after the merger has been substantially completed. R.S., 1985, c. 19 (2nd Supp.), s. 45; 2009, c. 2, s. 430 2024, c. 15, s. 251
Competition Act — C-34 98
Where proceedings commenced under section 45, 49, 79 or 90.1 98 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 (a) proceedings have been commenced against that person under section 45 or 49; or (b) an order against that person has been made under section 79 or 90.1. R.S., 1985, c. 19 (2nd Supp.), s. 45; 2009, c. 2, s. 430 2024, c. 15, s. 252
Competition Act — C-34 99
Conditional orders directing dissolution of a merger 99 (1) 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 reasonable period of time specified in the order, (a) there has occurred (i) a reduction, removal or remission, specified in the order, of any relevant customs duties, or (ii) a reduction or removal, specified in the order, of prohibitions, controls or regulations imposed by or pursuant to any Act of Parliament on the importation into Canada of an article specified in the order, or (b) that person or any other person has taken any action specified in the order that will, in the opinion of the Tribunal, prevent the merger from preventing or lessening competition substantially. When conditional order may be rescinded or varied (2) Where, on application by any person against whom an order under section 92 is directed, the Tribunal is satisfied that (a) a reduction, removal or remission specified in the order pursuant to paragraph (1)(a) has occurred, or (b) the action specified in the order pursuant to paragraph (1)(b) has been taken, the Tribunal may rescind or vary the order accordingly. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 101
Right of intervention 101 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. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 102
Advance ruling certificates 102 (1) 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 issue a certificate to the effect that he is so satisfied. Duty of Commissioner (2) The Commissioner shall consider any request for a certificate under this section as expeditiously as possible. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 103
No application under section 92 103 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 certificate is issued, apply to the Tribunal under section 92 in respect of the transaction solely on the basis of information that is the same or substantially the same as the information on the basis of which the certificate was issued. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 103.1
 an application for an order under section 74.1, 75, 76, 77, 79 or 90.1 on the basis of the same or substantially the same facts as are alleged in a matter for which the Tribunal has granted leave under subsection (6.1), (7) or (7.1), if the person granted leave has already applied to the Tribunal under one of those sections. Inferences (11) In considering an application for leave, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by it. Inquiry by Commissioner (12) If the Commissioner has certified under subsection (3) that a matter in respect of which leave was sought by a person is under inquiry and the Commissioner subsequently discontinues the inquiry other than by way of settlement, the Commissioner shall, as soon as practicable, notify that person that the inquiry is discontinued. 2002, c. 16, s. 12; 2009, c. 2, s. 431 2022, c. 10, s. 266 2024, c. 15, s. 254 2026, c. 3, s. 598
Competition Act — C-34 103.2
Intervention by Commissioner 103.2 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. 2002, c. 16, s. 12; 2009, c. 2, s. 432 2022, c. 10, s. 267 2024, c. 15, s. 255
Competition Act — C-34 103.3
an application is made under subsection (7), an interim order has effect until the Tribunal makes an order under that subsection. Confirming or setting aside interim order (7) A person against whom the Tribunal has made an interim order may apply to the Tribunal in the first 10 days during which the order has effect to have it varied or set aside and the Tribunal shall (a) if it is satisfied that one or more of the situations set out in paragraphs (2)(a) to (c) existed or are likely to exist, make an order confirming the interim order, with or without variation as the Tribunal considers necessary and sufficient to meet the circumstances, and fix the effective period of that order for a maximum of 70 days, beginning on the day on which the order confirming the interim order is made; and (b) if it is not satisfied that any of the situations set out in paragraphs (2)(a) to (c) existed or is likely to exist, make an order setting aside the interim order. Notice (8) A person who makes an application under subsection (7) shall give the Commissioner 48 hours written notice of the application. Representations (9) At the hearing of an application under subsection (7), the Tribunal shall provide the applicant, the Commissioner and any person directly affected by the interim order with a full opportunity to present evidence and make representations before the Tribunal makes an order under that subsection. Prohibition of extraordinary relief (10) Notwithstanding section 13 of the Competition Tribunal Act , an interim order shall not be appealed or reviewed in any court except as provided for by subsection (7). Duty of Commissioner (11) When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made. 2002, c. 16, s. 12; 2017, c. 26, s. 13
Competition Act — C-34 104
Interim order 104 (1) 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 application under section 75, 76, 77, 79 or 90.1, may issue any interim order that it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief. Effect of application for interim order (1.1) If an application for an interim order is made under subsection (1) in respect of a proposed merger, the merger shall not be completed until the application has been disposed of by the Tribunal. Terms of interim order (2) An interim order issued under subsection (1) shall be on such terms, and shall have effect for such period of time, as the Tribunal considers necessary and sufficient to meet the circumstances of the case. Duty of Commissioner (3) Where an interim order issued under subsection (1) on application by the Commissioner is in effect, the Commissioner shall proceed as expeditiously as possible to complete proceedings under this Part arising out of the conduct in respect of which the order was issued. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37; 2002, c. 16, s. 13; 2015, c. 3, s. 39 2022, c. 10, s. 268 2024, c. 15, s. 256
Competition Act — C-34 105
Consent agreement 105 (1) 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. Terms of consent agreement (2) The consent agreement shall be based on terms that could be the subject of an order of the Tribunal against that person. Registration (3) The consent agreement may be filed with the Tribunal for immediate registration. Effect of registration (4) Upon registration of the consent agreement, the proceedings, if any, are terminated, and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37; 2002, c. 16, s. 14; 2009, c. 2, s. 434
Competition Act — C-34 106
Rescission or variation of consent agreement or order 106 (1) 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 Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the Tribunal finds that (a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or (b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order. Directly affected persons (2) A person directly affected by a consent agreement, other than a party to that agreement, may apply to the Tribunal within 60 days after the registration of the agreement to have one or more of its terms rescinded or varied. The Tribunal may grant the application if it finds that the person has established that the terms could not be the subject of an order of the Tribunal. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37; 2002, c. 16, s. 14; 2009, c. 2, s. 435
Competition Act — C-34 106.1
Consent agreement — parties to a private action 106.1 (1) 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 of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration. Notice to Commissioner (2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay. Publication (3) The consent agreement shall be published without delay in the Canada Gazette . Registration (4) The consent agreement shall be registered 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal. Effect of registration (5) Upon registration, the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal. Commissioner may intervene (6) On application by the Commissioner, the Tribunal may vary or rescind a registered consent agreement if it finds that the agreement has or is likely to have anti-competitive effects. Notice (7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement. 2002, c. 16, s. 14; 2015, c. 3, s. 40 2022, c. 10, s. 269 2024, c. 15, s. 257
Competition Act — C-34 106.2
Failure to comply with consent agreement 106.2 (1) 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 comply with a consent agreement registered under subsection 105(3) or 106.1(4), the Tribunal may (a) prohibit the person from doing anything that, in the Tribunal’s opinion, may constitute a failure to comply with the agreement; (b) order the person to take any action that is necessary to comply with the agreement; (c) order the person to pay, in any manner that the Tribunal 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 Tribunal after taking into account any evidence of the following: (i) the person’s financial position, (ii) the person’s history of compliance with this Act, (iii) the duration of the period of non-compliance, and (iv) any other relevant factor; or (d) grant any other relief that the Tribunal considers appropriate. Purpose of order (2) 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. Unpaid monetary penalty (3) 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. 2024, c. 15, s. 258
Competition Act — C-34 106.3
Service of agreement on Commissioner 106.3 (1) 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 entered into an agreement with any other person, the parties to the agreement must serve a copy of it on the Commissioner within 10 days after the day on which it was entered into. Commissioner may intervene (2) On application by the Commissioner, the Tribunal may vary or rescind the agreement if it finds that the agreement has or is likely to have anti-competitive effects. Notice (3) The Commissioner must give notice of an application under subsection (2) to the parties to the agreement. 2024, c. 15, s. 259
Competition Act — C-34 106.4
Failure to serve 106.4 (1) 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 the Commissioner in accordance with subsection 106.3(1), the Tribunal may (a) order the person to serve the Commissioner with a copy of the agreement; (b) issue an interim order prohibiting any person from doing anything that, in the Tribunal’s opinion, may constitute or be directed toward the implementation of the agreement; (c) order the person to pay, in any manner that the Tribunal specifies, an administrative monetary penalty in an amount not exceeding $10,000 for each day on which they fail to serve a copy of the agreement on the Commissioner, determined by the Tribunal after taking into account any evidence of the following: (i) the person’s financial position, (ii) the person’s history of compliance with this Act, (iii) the duration of the period of non-compliance, and (iv) any other relevant factor; or (d) grant any other relief that the Tribunal considers appropriate. Purpose of order (2) 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. Unpaid monetary penalty (3) 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. 2024, c. 15, s. 259
Competition Act — C-34 107
Evidence 107 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 this Act or in respect of which another order could be made by the Tribunal under this Act. R.S., 1985, c. 19 (2nd Supp.), s. 45