GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 74.1
t order (6) For the purposes of paragraph (1)(c), an order made against a person in respect of conduct that is reviewable under paragraph 74.01(1)(a), (b), (b.1) or (c), subsection 74.01(2) or (3) or section 74.011, 74.02, 74.04, 74.05 or 74.06 is a subsequent order if (a) an order was previously made against the person under this section in respect of conduct reviewable under the same provision; (b) the person was previously convicted of an offence under the provision of Part VI, as that Part read immediately before the coming into force of this Part, that corresponded to the provision of this Part; (c) in the case of an order in respect of conduct reviewable under paragraph 74.01(1)(a) or section 74.011, the person was previously convicted of an offence under section 52, or under paragraph 52(1)(a) as it read immediately before the coming into force of this Part; or (d) in the case of an order in respect of conduct reviewable under subsection 74.01(2) or (3), the person was previously convicted of an offence under paragraph 52(1)(d) as it read immediately before the coming into force of this Part. Amounts already paid (7) In determining an amount to be paid under paragraph (1)(d), the court shall take into account any other amounts paid or ordered to be paid by the person against whom the order is made as a refund or as restitution or other compensation in respect of the products. Implementation of the order (8) The court may specify in an order made under paragraph (1)(d) any terms that it considers necessary for the order’s implementation, including terms (a) specifying how the payment is to be administered; (b) respecting the appointment of an administrator to administer the payment and specifying the terms of administration; (c) requiring the person against whom the order is made to pay the administrative costs related to the payment as well as the fees to be paid to an administrator; (d) requiring that potential claimants be notified in the time and manner specified by the court; (e) specifying the time and manner for making claims; (f) specifying the conditions for the eligibility of claimants, including conditions relating to the return of the products to the person against whom the order is made; and (g) providing for the manner in which, and the terms on which, any amount of the payment that remains unclaimed or undistributed is to be dealt with. Variation of terms (9) On application by the Commissioner or the person against whom the order is made, the court may vary any term that is specified under subsection (8). Inferences (10) 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. 1999, c. 2, s. 22; 2009, c. 2, s. 424 2022, c. 10, s. 260 2024, c. 15, s. 239
Competition Act — C-34 74.101
Deduction from administrative monetary penalty 74.101 (1) 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 74.1(1)(c), then the court shall deduct from the amount of the penalty that it determines any amount that the person (a) has been ordered to pay under paragraph 51 (1)(b) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act in respect of the same conduct; or (b) has agreed in a settlement agreement to pay on account of amounts referred to in paragraph 51 (1)(b) of that Act in respect of the same conduct. Restitution and interim injunction (2) If a court determines that a person is engaging in or has engaged in conduct that is reviewable under subsection 74.011(2), it may order the person to pay an amount under paragraph 74.1(1)(d), and may issue an interim injunction under section 74.111, as if the conduct were conduct that is reviewable under paragraph 74.01(1)(a). 2010, c. 23, s. 79
Competition Act — C-34 74.11
Temporary order 74.11 (1) 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 to engage in that conduct or substantially similar reviewable conduct if it appears to the court that (a) serious harm is likely to ensue unless the order is issued; and (b) the balance of convenience favours issuing the order. Temporary order — supply of a product (1.1) On application by the Commissioner or a person granted leave under section 103.1, a court may order any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to engage in conduct that is reviewable under this Part, or to do any act or thing that it appears to the court could prevent a person from engaging in such conduct, if it appears to the court that (a) serious harm is likely to ensue unless the order is issued; and (b) the balance of convenience favours issuing the order. Duration (2) Subject to subsection (5), an order made under subsection (1) or (1.1) has effect, or may be extended on application by the Commissioner or a person granted leave under section 103.1, for any period that the court considers sufficient to meet the circumstances of the case. Notice of application (3) Subject to subsection (4), at least 48 hours’ notice of an application referred to in subsection (1), (1.1) or (2) must be given by or on behalf of the Commissioner or the person granted leave under section 103.1 to the person in respect of whom the order or extension is sought. Ex parte application (4) The court may proceed ex parte with an application made by the Commissioner under subsection (1) or (1.1) if it is satisfied that subsection (3) cannot reasonably be complied with or that the urgency of the situation is such that service of notice in accordance with subsection (3) would not be in the public interest. Duration of ex parte order (5) An order issued ex parte as the result of an application made by the Commissioner under subsection (1) or (1.1) has effect for the period that is specified in it, not exceeding seven days unless, on further application made by the Commissioner on notice as provided in subsection (3), the court extends the order for any additional period that it considers necessary and sufficient. Duty of Commissioner (6) If an order issued under this section as the result of an application made by the Commissioner under subsection (1) or (1.1) is in effect, the Commissioner must proceed as expeditiously as possible to complete the inquiry under section 10 arising out of the conduct in respect of which the order was issued. 1999, c. 2, s. 22; 2002, c. 16, s. 10; 2010, c. 23, s. 80 2024, c. 15, s. 240
Competition Act — C-34
dispose , in relation to an article, includes removing it from the jurisdiction of the court, depleting its value, leasing it to another person or creating any security interest in it. ( disposer )
Competition Act — C-34
security interest means any interest or right in property that secures payment or performance of an obligation and includes an interest or right created by or arising out of a debenture, mortgage, hypothec, lien, pledge, charge, security, deemed or actual trust, assignment or encumbrance of any kind whatever, however or whenever arising, created, deemed to arise or otherwise provided for. ( garantie )
Competition Act — C-34 74.12
Consent agreement 74.12 (1) 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. Terms of consent agreement (2) The consent agreement shall be based on terms that could be the subject of an order of a court against that person, and may include other terms, whether or not they could be imposed by the court. Registration (3) The consent agreement may be filed with the court 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 court. 1999, c. 2, s. 22; 2002, c. 16, s. 11
Competition Act — C-34 74.121
Failure to comply with consent agreement 74.121 (1) 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 comply with a consent agreement registered under subsection 74.12(3), the court may (a) prohibit the person from doing anything that, in the court’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 court 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 court 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 court 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. 242
Competition Act — C-34 74.13
Rescission or variation of consent agreement or order 74.13 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, or the person against whom the order was made, if the court 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. 1999, c. 2, s. 22; 2002, c. 16, s. 11
Competition Act — C-34 74.131
Consent agreement — parties to a private action 74.131 (1) 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 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 must be published without delay in the Canada Gazette . Registration (4) The consent agreement must be registered within 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) On 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 is not in conformity with the purposes of this Part. Notice (7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement. 2024, c. 15, s. 243
Competition Act — C-34 74.132
Failure to comply with consent agreement 74.132 (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 74.131(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. 243
Competition Act — C-34 74.133
Service of agreement on Commissioner 74.133 (1) 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 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 is 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 is not in conformity with the purposes of this Part. Notice (3) The Commissioner must give notice of an application under subsection (2) to the parties to the agreement. 2024, c. 15, s. 243
Competition Act — C-34 74.134
Failure to serve 74.134 (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 74.133(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. 243
Competition Act — C-34 74.14
Evidence 74.14 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 this Act or in respect of which another order could be made by the court under this Act. 1999, c. 2, s. 22
Competition Act — C-34 74.15
Unpaid monetary penalty 74.15 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 court of competent jurisdiction. 1999, c. 2, s. 22
Competition Act — C-34 74.16
Where proceedings commenced under section 52 or 52.01 74.16 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 against that person under section 52 or 52.01. 1999, c. 2, s. 22; 2010, c. 23, s. 81
Competition Act — C-34 74.17
Power of courts 74.17 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. 1999, c. 2, s. 22
Competition Act — C-34 74.18
Appeal to Federal Court of Appeal 74.18 (1) 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. Appeal to provincial court of appeal (2) An appeal may be brought in the court of appeal of a province from any decision or order made under this Part, or from a refusal to make an order, by a superior court of the province. Disposition of appeal (3) Where the Federal Court of Appeal or the court of appeal of the province allows an appeal under this section, it may quash the decision or order appealed from, refer the matter back to the court appealed from or make any decision or order that, in its opinion, that court should have made. 1999, c. 2, s. 22; 2002, c. 8, s. 183
Competition Act — C-34 74.19
Appeal on question of fact 74.19 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 be. 1999, c. 2, s. 22
Competition Act — C-34 75
e, repair and calibration information, technical updates, diagnostic software or tools and any related documentation and service parts. ( moyen de diagnostic ou de réparation ) trade terms means terms in respect of payment, units of purchase and reasonable technical and servicing requirements. ( conditions de commerce ) Inferences (4) 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. R.S., 1985, c. C-34, s. 75; R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37; 2002, c. 16, s. 11.1 2014, c. 20, s. 366(E) 2024, c. 15, s. 244
Competition Act — C-34
means of diagnosis or repair includes diagnostic, maintenance, repair and calibration information, technical updates, diagnostic software or tools and any related documentation and service parts. ( moyen de diagnostic ou de réparation )
Competition Act — C-34
trade terms means terms in respect of payment, units of purchase and reasonable technical and servicing requirements. ( conditions de commerce )
Competition Act — C-34 76
ng or is likely to have an adverse effect on competition in a market, the Tribunal may make an order prohibiting the person from continuing to engage in the conduct or requiring the person to do business with the supplier on usual trade terms. Where no order may be made (9) No order may be made under subsection (2) in respect of conduct referred to in subparagraph (1)(a)(ii) if the Tribunal is satisfied that the person or class of persons referred to in that subparagraph, in respect of products supplied by the person referred to in subsection (3), (a) was making a practice of using the products as loss leaders, that is to say, not for the purpose of making a profit on those products but for purposes of advertising; (b) was making a practice of using the products not for the purpose of selling them at a profit but for the purpose of attracting customers in the hope of selling them other products; (c) was making a practice of engaging in misleading advertising; or (d) made a practice of not providing the level of servicing that purchasers of the products might reasonably expect. Inferences (10) 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. Where proceedings commenced under section 45, 49, 79 or 90.1 (11) 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 79 or 90.1. Additional order — person granted leave (11.1) If the Tribunal makes an order under subsection (2) 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 (11.2) The Tribunal may specify in an order made under subsection (11.1) 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). Definition of trade terms (12) For the purposes of this section, trade terms means terms in respect of payment, units of purchase and reasonable technical and servicing requirements. R.S., 1985, c. C-34, s. 76; R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37; 2009, c. 2, s. 426; 2014, c. 20, s. 366(E); 2017, c. 6, s. 124; 2018, c. 8, s. 112 2024, c. 15, s. 245