GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 2
 is a subsidiary of another entity if it is controlled by that other entity. Control (4) For the purposes of this Act, (a) a corporation is controlled by an entity or an individual other than Her Majesty if (i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that entity or individual, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation; (b) a corporation is controlled by Her Majesty in right of Canada or a province if (i) the corporation is controlled by Her Majesty in the manner described in paragraph (a), or (ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by (A) the Governor in Council or the Lieutenant Governor in Council of the province, as the case may be, or (B) a Minister of the government of Canada or the province, as the case may be; and (c) an entity other than a corporation is controlled by an entity or individual if the entity or individual, directly or indirectly, whether through one or more subsidiaries or otherwise, holds an interest in the entity that is not a corporation that entitles them to receive more than 50% of the profits of that entity or more than 50% of its assets on dissolution. R.S., 1985, c. C-34, s. 2; R.S., 1985, c. 19 (2nd Supp.), s. 20; 1992, c. 1, s. 145(F); 1995, c. 1, s. 62; 1999, c. 2, s. 1, c. 31, s. 44(F); 2010, c. 23, s. 70; 2014, c. 31, ss. 28, 46; 2018, c. 8, s. 109
Competition Act — C-34 (a)
article means real and personal property of every description including (a) money, (b) deeds and instruments relating to or evidencing the title or right to property or an interest, immediate, contingent or otherwise, in a corporation or in any assets of a corporation, (c) deeds and instruments giving a right to recover or receive property, (d) tickets or like evidence of right to be in attendance at a particular place at a particular time or times or of a right to transportation, and (e) energy, however generated; ( article )
Competition Act — C-34 (a)
business includes the business of (a) manufacturing, producing, transporting, acquiring, supplying, storing and otherwise dealing in articles, and (b) acquiring, supplying and otherwise dealing in services. It also includes the raising of funds for charitable or other non-profit purposes. ( entreprise )
Competition Act — C-34
Commission [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]
Competition Act — C-34
Commissioner means the Commissioner of Competition appointed under subsection 7(1); ( commissaire )
Competition Act — C-34
computer system has the same meaning as in subsection 342.1(2) of the Criminal Code ; ( ordinateur )
Competition Act — C-34
data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; ( données )
Competition Act — C-34
electronic message means a message sent by any means of telecommunication, including a text, sound, voice or image message; ( message électronique )
Competition Act — C-34
entity means a corporation or a partnership, sole proprietorship, trust or other unincorporated organization capable of conducting business; ( entité )
Competition Act — C-34
information includes data; ( renseignement )
Competition Act — C-34
locator means a name or information used to identify a source of data on a computer system, and includes a URL; ( localisateur )
Competition Act — C-34
merger [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]
Competition Act — C-34
Minister means the Minister of Industry; ( ministre )
Competition Act — C-34
monopoly [Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]
Competition Act — C-34
product includes an article and a service; ( produit )
Competition Act — C-34
record means a medium on which information is registered or marked; ( document )
Competition Act — C-34
sender information means the part of an electronic message — including the data relating to source, routing, addressing or signalling — that identifies or purports to identify the sender or the origin of the message; ( renseignements sur l’expéditeur )
Competition Act — C-34
service means a service of any description whether industrial, trade, professional or otherwise; ( service )
Competition Act — C-34
subject matter information means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them; ( objet )
Competition Act — C-34 (a)
supply means, (a) in relation to an article, sell, rent, lease or otherwise dispose of an article or an interest therein or a right thereto, or offer so to dispose of an article or interest therein or a right thereto, and (b) in relation to a service, sell, rent or otherwise provide a service or offer so to provide a service; ( fournir ou approvisionner )
Competition Act — C-34
trade, industry or profession includes any class, division or branch of a trade, industry or profession; ( commerce, industrie ou profession )
Competition Act — C-34
Tribunal means the Competition Tribunal established by subsection 3(1) of the Competition Tribunal Act . ( Tribunal )
Competition Act — C-34 2.1
Binding on agents of Her Majesty in certain cases 2.1 This Act is binding on and applies to an agent of Her Majesty in right of Canada or a province that is a corporation, in respect of commercial activities engaged in by the corporation in competition, whether actual or potential, with other persons to the extent that it would apply if the agent were not an agent of Her Majesty. R.S., 1985, c. 19 (2nd Supp.), s. 21
Competition Act — C-34 3
Defects of form 3 No proceedings under this Act shall be deemed invalid by reason of any defect of form or any technical irregularity. R.S., c. C-23, s. 3
Competition Act — C-34 4
Collective bargaining activities 4 (1) Nothing in this Act applies in respect of (a) combinations or activities of workmen or employees for their own reasonable protection as such workmen or employees; (b) contracts, agreements or arrangements between or among fishermen or associations of fishermen and persons or associations of persons engaged in the buying or processing of fish relating to the prices, remuneration or other like conditions under which fish will be caught and supplied to those persons by fishermen; or (c) contracts, agreements or arrangements between or among two or more employers in a trade, industry or profession, whether effected directly between or among the employers or through the instrumentality of a corporation or association of which the employers are members, pertaining to collective bargaining with their employees in respect of salary or wages and terms or conditions of employment. Limitation (2) Nothing in this section exempts from the application of any provision of this Act a contract, agreement or arrangement entered into by an employer to withhold any product from any person, or to refrain from acquiring from any person any product other than the services of workmen or employees. R.S., c. C-23, s. 4; 1974-75-76, c. 76, s. 2
Competition Act — C-34 5
Underwriters 5 (1) Section 45 does not apply in respect of an agreement or arrangement between persons who are members of a class of persons who ordinarily engage in the business of dealing in securities or between such persons and the issuer of a specific security, in the case of a primary distribution, or the vendor of a specific security, in the case of a secondary distribution, if the agreement or arrangement has a reasonable relationship to the underwriting of a specific security. Definition of underwriting (2) For the purposes of this section, underwriting of a security means the primary or secondary distribution of the security, in respect of which distribution (a) a prospectus is required to be filed, accepted or otherwise approved pursuant to a law enacted in Canada or in a jurisdiction outside Canada for the supervision or regulation of trade in securities; or (b) a prospectus would be required to be filed, accepted or otherwise approved but for an express exemption contained in or given pursuant to a law mentioned in paragraph (a). R.S., 1985, c. C-34, s. 5; 1999, c. 2, s. 2; 2009, c. 2, s. 408
Competition Act — C-34 6
Amateur sport 6 (1) This Act does not apply in respect of agreements or arrangements between or among teams, clubs and leagues pertaining to participation in amateur sport. Definition of amateur sport (2) For the purposes of this section, amateur sport means sport in which the participants receive no remuneration for their services as participants. 1974-75-76, c. 76, s. 2
Competition Act — C-34 7
Commissioner of Competition 7 (1) The Governor in Council may appoint an officer to be known as the Commissioner of Competition, who shall be responsible for (a) the administration and enforcement of this Act; and (b) the administration and enforcement of the Consumer Packaging and Labelling Act , the Precious Metals Marking Act and the Textile Labelling Act . (c) [Repealed, 2012, c. 24, s. 79] (d) [Repealed, 2012, c. 24, s. 79] Oath of office (2) The Commissioner shall, before taking up the duties of the Commissioner, take and subscribe, before the Clerk of the Privy Council, an oath or solemn affirmation, which shall be filed in the office of the Clerk, in the following form: I do solemnly swear (or affirm) that I will faithfully, truly and impartially, and to the best of my judgment, skill and ability, execute the powers and trusts reposed in me as Commissioner of Competition. ( In the case where an oath is taken add “So help me God”.) Salary (3) The Commissioner shall be paid such salary as may be from time to time fixed and allowed by the Governor in Council. R.S., 1985, c. C-34, s. 7; 1999, c. 2, ss. 4, 37 2012, c. 24, s. 79
Competition Act — C-34 8
Deputy Commissioners 8 (1) One or more persons may be appointed Deputy Commissioners of Competition in the manner authorized by law. Powers of Deputy (2) The Governor in Council may authorize a Deputy Commissioner to exercise the powers and perform the duties of the Commissioner whenever the Commissioner is absent or unable to act or whenever there is a vacancy in the office of Commissioner. Powers of other persons (3) The Governor in Council may authorize any person to exercise the powers and perform the duties of the Commissioner whenever the Commissioner and the Deputy Commissioners are absent or unable to act or, if one or more of those offices are vacant, whenever the holders of the other of those offices are absent or unable to act. Inquiry by Deputy (4) The Commissioner may authorize a Deputy Commissioner to make inquiry regarding any matter into which the Commissioner has power to inquire, and when so authorized a Deputy Commissioner shall perform the duties and may exercise the powers of the Commissioner in respect of that matter. Powers of Commissioner unaffected (5) The exercise, pursuant to this Act, of any of the powers or the performance of any of the duties of the Commissioner by a Deputy Commissioner or other person does not in any way limit, restrict or qualify the powers or duties of the Commissioner, either generally or with respect to any particular matter. R.S., 1985, c. C-34, s. 8; 1999, c. 2, s. 5
Competition Act — C-34 9
Application for inquiry 9 (1) Any six persons resident in Canada who are not less than eighteen years of age and who are of the opinion that (a) a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or VIII, (b) grounds exist for the making of an order under Part VII.1 or VIII, or (c) an offence under Part VI or VII has been or is about to be committed, may apply to the Commissioner for an inquiry into the matter. Material to be submitted (2) An application made under subsection (1) shall be accompanied by a statement in the form of a solemn or statutory declaration showing (a) the names and addresses of the applicants, and at their election the name and address of any one of their number, or of any attorney, solicitor or counsel, whom they may, for the purpose of receiving any communication to be made pursuant to this Act, have authorized to represent them; (b) the nature of (i) the alleged contravention, (ii) the grounds alleged to exist for the making of an order, or (iii) the alleged offence and the names of the persons believed to be concerned therein and privy thereto; and (c) a concise statement of the evidence supporting their opinion. R.S., 1985, c. C-34, s. 9; R.S., 1985, c. 19 (2nd Supp.), s. 22; 1999, c. 2, ss. 6, 37
Competition Act — C-34 10
Inquiry by Commissioner 10 (1) The Commissioner shall (a) on application made under section 9, (b) whenever the Commissioner has reason to believe that (i) a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or Part VIII, (ii) grounds exist for the making of an order under Part VII.1 or Part VIII, or (iii) an offence under Part VI or VII has been or is about to be committed, or (c) whenever directed by the Minister to inquire whether any of the circumstances described in subparagraphs (b)(i) to (iii) exists, cause an inquiry to be made into all such matters as the Commissioner considers necessary to inquire into with the view of determining the facts. Information on inquiry (2) The Commissioner shall, on the written request of any person whose conduct is being inquired into under this Act or any person who applies for an inquiry under section 9, inform that person or cause that person to be informed as to the progress of the inquiry. Inquiries to be in private (3) All inquiries under this section shall be conducted in private. R.S., 1985, c. C-34, s. 10; R.S., 1985, c. 19 (2nd Supp.), s. 23; 1999, c. 2, ss. 7, 37, c. 31, s. 45
Competition Act — C-34 10.1
Market or industry inquiry 10.1 (1) The Commissioner may, after consulting the Minister, conduct an inquiry into the state of competition in a market or industry if the Commissioner is of the opinion that it is in the public interest to do so. Direction to conduct inquiry (2) The Minister may direct the Commissioner to conduct an inquiry into the state of competition in a market or industry if the Minister is of the opinion that it is in the public interest that such an inquiry be conducted. Before making the direction, the Minister must consult the Commissioner to determine whether the inquiry would be feasible, including with regard to its cost. Proposed terms of reference (3) If, after the consultation referred to in subsection (1) or (2), it is decided to proceed with the inquiry, the Commissioner must prepare proposed terms of reference for the inquiry and publish them on a publicly available website and invite the public to provide comments during a period of not less than 15 days. Final terms of reference (4) After having taken into account any comments received from the public, the Commissioner must submit to the Minister for approval the Commissioner’s final terms of reference and, if they are approved, the Commissioner must publish them on a publicly available website. Duration of inquiry (5) The inquiry commences on the day on which the final terms of reference are published and the Commissioner must complete the inquiry and publish a report of the Commissioner’s findings on a publicly available website before the expiry of the period specified by the Minister, which period, subject to subsection (6), is not to exceed 18 months. Extension (6) The Minister may extend the specified period for periods of up to three months. Sending draft to certain persons (7) Before the report is published, the Commissioner must send to every person who was required to do anything under an order made under subsection 11(1) a complete or partial draft of the report and inform the person that they may, within three working days after the day on which it was sent, provide the Commissioner with the person’s concerns regarding factual inaccuracies or confidential information that should not be disclosed in the final report. 2023, c. 31, s. 3
Competition Act — C-34 11
Order for oral examination, production or written return 11 (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation that an inquiry is being made under section 10 or 10.1 and that a person has or is likely to have information that is relevant to the inquiry, the judge may order the person to (a) attend as specified in the order and be examined on oath or solemn affirmation by the Commissioner or the authorized representative of the Commissioner on any matter that is relevant to the inquiry before a person, in this section and sections 12 to 14 referred to as a “presiding officer”, designated in the order; (b) produce to the Commissioner or the authorized representative of the Commissioner within a time and at a place specified in the order, a record, a copy of a record certified by affidavit to be a true copy, or any other thing, specified in the order; or (c) make and deliver to the Commissioner or the authorized representative of the Commissioner, within a time specified in the order, a written return under oath or solemn affirmation showing in detail such information as is by the order required. Records or information in possession of affiliate (2) If the person against whom an order is sought under paragraph (1)(b) or (c) in relation to an inquiry is a corporation and the judge to whom the application is made under subsection (1) is satisfied by information on oath or solemn affirmation that an affiliate of the corporation, whether the affiliate is located in Canada or outside Canada, has or is likely to have records or information relevant to the inquiry, the judge may order the corporation to (a) produce the records; or (b) make and deliver a written return of the information. No person excused from complying with order (3) No person shall be excused from complying with an order under subsection (1) or (2) on the ground that the testimony, record or other thing or return required of the person may tend to criminate the person or subject him to any proceeding or penalty, but no testimony given by an individual pursuant to an order made under paragraph (1)(a), or return made by an individual pursuant to an order made under paragraph (1)(c), shall be used or received against that individual in any criminal proceedings thereafter instituted against him, other than a prosecution under section 132 or 136 of the Criminal Code . Effect of order (4) An order made under this section has effect anywhere in Canada. Person outside Canada (5) An order may be made under subsection (1) against a person outside Canada who carries on business in Canada or sells products into Canada. R.S., 1985, c. C-34, s. 11; R.S., 1985, c. 19 (2nd Supp.), s. 24; 1999, c. 2, s. 37; 2002, c. 8, s. 126, c. 16, s. 1 2022, c. 10, s. 256 2023, c. 31, s. 4
Competition Act — C-34 12
Witness competent and compellable 12 (1) Any person summoned to attend pursuant to paragraph 11(1)(a) is competent and may be compelled to give evidence. Fees (2) Every person summoned to attend pursuant to paragraph 11(1)(a) is entitled to the like fees and allowances for so doing as if summoned to attend before a superior court of the province in which the person is summoned to attend. Representation by counsel (3) A presiding officer shall permit a person who is being examined pursuant to an order under paragraph 11(1)(a) and any person whose conduct is being inquired into to be represented by counsel. Attendance of person whose conduct is being inquired into (4) Any person whose conduct is being inquired into at an examination pursuant to an order under paragraph 11(1)(a) and that person’s counsel are entitled to attend the examination unless the Commissioner or the authorized representative of the Commissioner, or the person being examined or his employer, establishes to the satisfaction of the presiding officer that the presence of the person whose conduct is being inquired into would (a) be prejudicial to the effective conduct of the examination or the inquiry; or (b) result in the disclosure of confidential commercial information that relates to the business of the person being examined or his employer. R.S., 1985, c. C-34, s. 12; R.S., 1985, c. 19 (2nd Supp.), s. 24; 1999, c. 2, s. 37
Competition Act — C-34 13
Presiding officer 13 (1) Any person may be designated as a presiding officer who is a barrister or advocate of at least ten years standing at the bar of a province or who has been a barrister or advocate at the bar of a province for at least ten years. Remuneration and expenses (2) A presiding officer shall be paid such remuneration, and is entitled to be paid such travel and living expenses, and such other expenses, incurred in the performance of his duties under this Act, as may be fixed by the Governor in Council. R.S., 1985, c. C-34, s. 13; R.S., 1985, c. 19 (2nd Supp.), s. 24
Competition Act — C-34 14
Administration of oaths 14 (1) The presiding officer may administer oaths and take and receive solemn affirmations for the purposes of examinations pursuant to paragraph 11(1)(a). Orders of presiding officer (2) A presiding officer may make such orders as he considers to be proper for the conduct of an examination pursuant to paragraph 11(1)(a). Application to court (3) A judge of a superior or county court may, on application by a presiding officer, order any person to comply with an order made by the presiding officer under subsection (2). Notice (4) No order may be made under subsection (3) unless the presiding officer has given to the person in respect of whom the order is sought and the Commissioner twenty-four hours notice of the hearing of the application for the order or such shorter notice as the judge to whom the application is made considers reasonable. R.S., 1985, c. C-34, s. 14; R.S., 1985, c. 19 (2nd Supp.), s. 24; 1999, c. 2, s. 37; 2002, c. 8, s. 127
Competition Act — C-34 14.1
Application of Criminal Code — preservation demand and orders for preservation or production of data 14.1 (1) Sections 487.012 , 487.013 , 487.015 , 487.016 and 487.018 of the Criminal Code , which apply to the investigation of offences under any Act of Parliament, also apply, with any modifications that the circumstances require, (a) to an investigation in relation to a contravention of an order made under section 32, 33 or 34 or Part VII.1 or VIII; or (b) to an investigation in relation to whether grounds exist for the making of an order under Part VII.1 or VIII. Clarification (2) The provisions of the Criminal Code referred to in subsection (1) apply whether or not an inquiry has been commenced under section 10. 2014, c. 31, s. 29