GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 77
 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 (3.2) The Tribunal may specify in an order made under subsection (3.1) 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). Where no order to be made and limitation on application of order (4) The Tribunal shall not make an order under this section where, in its opinion, (a) exclusive dealing or market restriction is or will be engaged in only for a reasonable period of time to facilitate entry of a new supplier of a product into a market or of a new product into a market, (b) tied selling that is engaged in is reasonable having regard to the technological relationship between or among the products to which it applies, or (c) tied selling that is engaged in by a person in the business of lending money is for the purpose of better securing loans made by that person and is reasonably necessary for that purpose. No order made under this section applies in respect of exclusive dealing, market restriction or tied selling between or among entities that are affiliated. If entity affiliated (5) For the purposes of subsection (4), in addition to the circumstances specified in paragraph 2(2)(a) or (b) under which two entities are affiliated, an entity is affiliated with another entity in respect of any agreement between them in which one of them grants to the other the right to use a trademark or trade name to identify the business of the grantee, if (a) the business is related to the sale or distribution, in accordance with a marketing plan or system prescribed substantially by the grantor, of a multiplicity of products obtained from competing sources of supply and a multiplicity of suppliers; and (b) no one product dominates the business. When persons deemed to be affiliated (6) For the purposes of subsection (4) in its application to market restriction, where there is an agreement whereby one person (the “first” person) supplies or causes to be supplied to another person (the “second” person) an ingredient or ingredients that the second person processes by the addition of labour and material into an article of food or drink that he then sells in association with a trademark that the first person owns or in respect of which the first person is a registered user, the first person and the second person are deemed, in respect of the agreement, to be affiliated. Inferences (7) 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. 77; R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, ss. 23, 37, c. 31, s. 52(F); 2002, c. 16, ss. 11.2, 11.3; 2014, c. 20, s. 366(E); 2018, c. 8, s. 113 2024, c. 15, s. 246
Competition Act — C-34 (a)
exclusive dealing means (a) any practice whereby a supplier of a product, as a condition of supplying the product to a customer, requires that customer to (i) deal only or primarily in products supplied by or designated by the supplier or the supplier’s nominee, or (ii) refrain from dealing in a specified class or kind of product except as supplied by the supplier or the nominee, and (b) any practice whereby a supplier of a product induces a customer to meet a condition set out in subparagraph (a)(i) or (ii) by offering to supply the product to the customer on more favourable terms or conditions if the customer agrees to meet the condition set out in either of those subparagraphs; ( exclusivité )
Competition Act — C-34
market restriction means any practice whereby a supplier of a product, as a condition of supplying the product to a customer, requires that customer to supply any product only in a defined market, or exacts a penalty of any kind from the customer if he supplies any product outside a defined market; ( limitation du marché )
Competition Act — C-34 (a)
tied selling means (a) any practice whereby a supplier of a product, as a condition of supplying the product (the “tying” product) to a customer, requires that customer to (i) acquire any other product from the supplier or the supplier’s nominee, or (ii) refrain from using or distributing, in conjunction with the tying product, another product that is not of a brand or manufacture designated by the supplier or the nominee, and (b) any practice whereby a supplier of a product induces a customer to meet a condition set out in subparagraph (a)(i) or (ii) by offering to supply the tying product to the customer on more favourable terms or conditions if the customer agrees to meet the condition set out in either of those subparagraphs. ( ventes liées )
Competition Act — C-34 78
Definition of anti-competitive act 78 (1) For the purposes of section 79, anti-competitive act means any act intended to have a predatory, exclusionary or disciplinary negative effect on a competitor, or to have an adverse effect on competition, and includes any of the following acts: (a) squeezing, by a vertically integrated supplier, of the margin available to an unintegrated customer who competes with the supplier, for the purpose of impeding or preventing the customer’s entry into, or expansion in, a market; (b) acquisition by a supplier of a customer who would otherwise be available to a competitor of the supplier, or acquisition by a customer of a supplier who would otherwise be available to a competitor of the customer, for the purpose of impeding or preventing the competitor’s entry into, or eliminating the competitor from, a market; (c) freight equalization on the plant of a competitor for the purpose of impeding or preventing the competitor’s entry into, or eliminating the competitor from, a market; (d) use of fighting brands introduced selectively on a temporary basis to discipline or eliminate a competitor; (e) pre-emption of scarce facilities or resources required by a competitor for the operation of a business, with the object of withholding the facilities or resources from a market; (f) buying up of products to prevent the erosion of existing price levels; (g) adoption of product specifications that are incompatible with products produced by any other person and are designed to prevent his entry into, or to eliminate him from, a market; (h) requiring or inducing a supplier to sell only or primarily to certain customers, or to refrain from selling to a competitor, with the object of preventing a competitor’s entry into, or expansion in, a market; (i) selling articles at a price lower than the acquisition cost for the purpose of disciplining or eliminating a competitor; (j) a selective or discriminatory response to an actual or potential competitor for the purpose of impeding or preventing the competitor’s entry into, or expansion in, a market or eliminating the competitor from a market; and (k) directly or indirectly imposing excessive and unfair selling prices. (2) [Repealed, 2009, c. 2, s. 427] R.S., 1985, c. 19 (2nd Supp.), s. 45; 2000, c. 15, s. 13; 2009, c. 2, s. 427 2022, c. 10, s. 261 2023, c. 31, s. 7.1
Competition Act — C-34 79
(a) the effect of the conduct on barriers to entry in the market, including network effects; (b) the effect of the conduct on price or non-price competition, including quality, choice or consumer privacy; (c) the nature and extent of change and innovation in a relevant market; and (d) any other factor that is relevant to competition in the market that is or would be affected by the conduct. Additional order — person granted leave (4.1) If, as the result of an application by a person granted leave under section 103.1, the Tribunal finds that a person has engaged in or is engaging in a practice of anti-competitive acts that amounts to conduct that has had or is having the effect of preventing or lessening competition substantially in a market in which the person has a plausible competitive interest and it makes an order under subsection (1) or (2) against the person, 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 (4.2) The Tribunal may specify in an order made under subsection (4.1) 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). Exception (5) For the purpose of this section, an act engaged in pursuant only to the exercise of any right or enjoyment of any interest derived under the Copyright Act , Industrial Design Act , Integrated Circuit Topography Act , Patent Act , Trademarks Act or any other Act of Parliament pertaining to intellectual or industrial property is not an anti-competitive act. Limitation period (6) No application may be made under this section in respect of a practice of anti-competitive acts or conduct more than three years after the practice or conduct has ceased. Where proceedings commenced under section 45, 49, 76, 90.1 or 92 (7) 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, 90.1 or 92. Inferences (8) 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. 19 (2nd Supp.), s. 45; 1990, c. 37, s. 31; 1999, c. 2, s. 37; 2002, c. 16, s. 11.4; 2009, c. 2, s. 428 2014, c. 20, s. 366(E) 2022, c. 10, s. 262 2023, c. 31, s. 7.2 2023, c. 31, s. 12.1 2024, c. 15, s. 247
Competition Act — C-34 79.1
Unpaid monetary penalty 79.1 The amount of an administrative monetary penalty imposed on a person under subsection 79(3.1) 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. 2002, c. 16, s. 11.5; 2018, c. 8, s. 114(E)
Competition Act — C-34 80
Definition of delivered pricing 80 (1) For the purposes of section 81, delivered pricing means the practice of refusing a customer, or a person seeking to become a customer, delivery of an article at any place in which the supplier engages in a practice of making delivery of the article to any other of the supplier’s customers on the same trade terms that would be available to the first-mentioned customer if his place of business were located in that place. Definition of trade terms (2) For the purposes of subsection (1), the expression trade terms means terms in respect of payment, units of purchase and reasonable technical and servicing requirements. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 81
Delivered pricing 81 (1) Where, on application by the Commissioner, the Tribunal finds that delivered pricing is engaged in by a major supplier of an article in a market or is widespread in a market with the result that a customer, or a person seeking to become a customer, is denied an advantage that would otherwise be available to him in the market, the Tribunal may make an order prohibiting all or any of such suppliers from engaging in delivered pricing. Exception where significant capital investment needed (2) No order shall be made against a supplier under this section where the Tribunal finds that the supplier could not accommodate any additional customers at a locality without making significant capital investment at that locality. Exception where trademark used (3) No order shall be made against a supplier under this section in respect of a practice of refusing a customer delivery of an article that the customer sells in association with a trademark that the supplier owns or in respect of which the supplier is a registered user where the Tribunal finds that the practice is necessary to maintain a standard of quality in respect of the article. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37 2014, c. 20, s. 366(E)
Competition Act — C-34 82
Foreign judgments, etc. 82 Where, on application by the Commissioner, the Tribunal finds that (a) a judgment, decree, order or other process given, made or issued by or out of a court or other body in a country other than Canada can be implemented in whole or in part by persons in Canada, by companies incorporated by or pursuant to an Act of Parliament or of the legislature of a province, or by measures taken in Canada, and (b) the implementation in whole or in part of the judgment, decree, order or other process in Canada, would (i) adversely affect competition in Canada, (ii) adversely affect the efficiency of trade or industry in Canada without bringing about or increasing in Canada competition that would restore or improve that efficiency, (iii) adversely affect the foreign trade of Canada without compensating advantages, or (iv) otherwise restrain or injure trade or commerce in Canada without compensating advantages, the Tribunal may, by order, direct that (c) no measures be taken in Canada to implement the judgment, decree, order or process, or (d) no measures be taken in Canada to implement the judgment, decree, order or process except in such manner as the Tribunal prescribes for the purpose of avoiding an effect referred to in subparagraphs (b)(i) to (iv). R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 83
Foreign laws and directives 83 (1) Where, on application by the Commissioner, the Tribunal finds that a decision has been or is about to be made by a person in Canada or a company incorporated by or pursuant to an Act of Parliament or of the legislature of a province (a) as a result of (i) a law in force in a country other than Canada, or (ii) a directive, instruction, intimation of policy or other communication to that person or company or to any other person from (A) the government of a country other than Canada or of any political subdivision thereof that is in a position to direct or influence the policies of that person or company, or (B) a person in a country other than Canada who is in a position to direct or influence the policies of that person or company, where the communication is for the purpose of giving effect to a law in force in a country other than Canada, and that the decision, if implemented, would have or would be likely to have any of the effects mentioned in subparagraphs 82(b)(i) to (iv), or (b) as a result of a directive, instruction, intimation of policy or other communication to that person or company or to any other person, from a person in a country other than Canada who is in a position to direct or influence the policies of that person or company, where the communication is for the purpose of giving effect to a conspiracy, combination, agreement or arrangement entered into outside Canada that, if entered into in Canada, would have been in contravention of section 45, the Tribunal may, by order, direct that (c) in a case described in paragraph (a) or (b), no measures be taken by the person or company in Canada to implement the law, directive, instruction, intimation of policy or other communication, or (d) in a case described in paragraph (a), no measures be taken by the person or company in Canada to implement the law, directive, instruction, intimation of policy or other communication except in such manner as the Tribunal prescribes for the purpose of avoiding an effect referred to in subparagraphs 82(b)(i) to (iv). Limitation (2) No application may be made by the Commissioner for an order under this section against a particular company where proceedings have been commenced under section 46 against that company based on the same or substantially the same facts as would be alleged in the application. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 84
Refusal to supply by foreign supplier 84 Where, on application by the Commissioner, the Tribunal finds that a supplier outside Canada has refused to supply a product or otherwise discriminated in the supply of a product to a person in Canada (the “first” person) at the instance of and by reason of the exertion of buying power outside Canada by another person, the Tribunal may order any person in Canada (the “second” person) by whom or on whose behalf or for whose benefit the buying power was exerted (a) to sell any such product of the supplier that the second person has obtained or obtains to the first person at the laid-down cost in Canada to the second person of the product and on the same terms and conditions as the second person obtained or obtains from the supplier; or (b) not to deal or to cease to deal, in Canada, in that product of the supplier. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 85
Definitions 85 For the purposes of this section and sections 86 to 90, article includes each separate type, size, weight and quality in which an article, within the meaning assigned by section 2, is produced; ( article ) registered means registered in the register maintained pursuant to section 89; ( inscrit ) specialization agreement means an agreement under which each party thereto agrees to discontinue producing an article or service that he is engaged in producing at the time the agreement is entered into on the condition that each other party to the agreement agrees to discontinue producing an article or service that he is engaged in producing at the time the agreement is entered into, and includes any such agreement under which the parties also agree to buy exclusively from each other the articles or services that are the subject of the agreement. ( accord de spécialisation ) R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34
article includes each separate type, size, weight and quality in which an article, within the meaning assigned by section 2, is produced; ( article )
Competition Act — C-34
registered means registered in the register maintained pursuant to section 89; ( inscrit )
Competition Act — C-34
specialization agreement means an agreement under which each party thereto agrees to discontinue producing an article or service that he is engaged in producing at the time the agreement is entered into on the condition that each other party to the agreement agrees to discontinue producing an article or service that he is engaged in producing at the time the agreement is entered into, and includes any such agreement under which the parties also agree to buy exclusively from each other the articles or services that are the subject of the agreement. ( accord de spécialisation )
Competition Act — C-34 86
Order directing registration 86 (1) Where, on application by any person, and after affording the Commissioner a reasonable opportunity to be heard, the Tribunal finds that an agreement that the person who has made the application has entered into or is about to enter into is a specialization agreement and that (a) the implementation of the agreement is likely to bring about gains in efficiency that will be greater than, and will offset, the effects of any prevention or lessening of competition that will result or is likely to result from the agreement and the gains in efficiency would not likely be attained if the agreement were not implemented, and (b) no attempt has been made by the persons who have entered or are about to enter into the agreement to coerce any person to become a party to the agreement, the Tribunal may, subject to subsection (4), make an order directing that the agreement be registered for a period specified in the order. Factors to be considered (2) In considering whether an agreement is likely to bring about gains in efficiency described in paragraph (1)(a), the Tribunal shall consider whether those gains will result in (a) a significant increase in the real value of exports; or (b) a significant substitution of domestic articles or services for imported articles or services. Redistribution of income does not result in gains in efficiency (3) For the purposes of paragraph (1)(a), the Tribunal shall not find that an agreement is likely to bring about gains in efficiency by reason only of a redistribution of income between two or more persons. Conditional orders (4) Where, on an application under subsection (1), the Tribunal finds that an agreement meets the conditions prescribed by paragraphs (a) and (b) of that subsection but also finds that, as a result of the implementation of the agreement, there is not likely to be substantial competition remaining in the market or markets to which the agreement relates, the Tribunal may provide, in an order made under subsection (1), that the order shall take effect only if, within a reasonable period of time specified in the order, there has occurred any of the following events, specified in the order: (a) the divestiture of particular assets, specified in the order; (b) a wider licensing of patents, certificates of supplementary protection issued under the Patent Act or registered integrated circuit topographies; (c) a reduction in tariffs; (d) the making of an order in council under section 23 of the Financial Administration Act effecting a remission or remissions specified in the order of the Tribunal of any customs duties on an article that is a subject of the agreement; or (e) the removal of import quotas or import licensing requirements. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1990, c. 37, s. 32; 1999, c. 2, s. 37; 2017, c. 6, s. 125
Competition Act — C-34 87
Registration of modifications 87 (1) On application by the parties to a specialization agreement that has been registered, and after affording the Commissioner a reasonable opportunity to be heard, the Tribunal may make an order directing that a modification of the agreement be registered. Order to remove from register (2) Where, on application by the Commissioner, the Tribunal finds that the agreement or a modification thereof that has been registered (a) has ceased to meet the conditions prescribed by paragraph 86(1)(a) or (b), or (b) is not being implemented, the Tribunal may make an order directing that the agreement or modification thereof, and any order relating thereto, be removed from the register. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 88
Right of intervention 88 The attorney general of a province may intervene in any proceedings before the Tribunal under section 86 or 87 for the purpose of making representations on behalf of the province. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 89
Register of specialization agreements 89 (1) The Tribunal shall cause to be maintained a register of specialization agreements, and any modifications of those agreements, that the Tribunal has directed be registered, and any such agreements and modifications shall be included in the register for the periods specified in the orders. Public register (2) The register shall be accessible to the public. R.S., 1985, c. 19 (2nd Supp.), s. 45; 2014, c. 20, s. 389
Competition Act — C-34 90
Non-application of sections 45, 77 and 90.1 90 Section 45, section 77 as it applies to exclusive dealing, and section 90.1 do not apply in respect of a specialization agreement, or any modification of such an agreement, that is registered. R.S., 1985, c. 19 (2nd Supp.), s. 45; 2009, c. 2, s. 429