Competition Act (R.S.C., 1985, c. C-34)

Act current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

Marginal note:Admissibility of statistics
  •  (1) A collection, compilation, analysis, abstract or other record or report of statistical information prepared or published under the authority of

    • (a) the Statistics Act, or

    • (b) any other enactment of Parliament or of the legislature of a province,

    is admissible in evidence in any proceedings before the Tribunal or in any prosecution or proceedings before a court under or pursuant to this Act.

  • Marginal note:Idem

    (2) On request from the Minister or the Commissioner

    • (a) the Chief Statistician of Canada or an officer of any department or agency of the Government of Canada the functions of which include the gathering of statistics shall, and

    • (b) an officer of any department or agency of the government of a province the functions of which include the gathering of statistics may,

    compile from his or its records a statement of statistics relating to any industry or sector thereof, in accordance with the terms of the request, and any such statement is admissible in evidence in any proceedings before the Tribunal or in any prosecution or proceedings before a court under or pursuant to this Act.

  • Marginal note:Privileged information not affected

    (3) Nothing in this section compels or authorizes the Chief Statistician of Canada or any officer of a department or agency of the Government of Canada to disclose any particulars relating to an individual or business in a manner that is prohibited by any provision of an enactment of Parliament or of a provincial legislature designed for the protection of those particulars.

  • Marginal note:Certificate

    (4) In any proceedings before the Tribunal, or in any prosecution or proceedings before a court under or pursuant to this Act, a certificate purporting to be signed by the Chief Statistician of Canada or the officer of the department or agency of the Government of Canada or of a province under whose supervision a record, report or statement of statistics referred to in this section was prepared, setting out that the record, report or statement of statistics attached thereto was prepared under his supervision, is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.

  • R.S., 1985, c. C-34, s. 70;
  • R.S., 1985, c. 19 (2nd Supp.), s. 41;
  • 1999, c. 2, s. 37.
Marginal note:Statistics collected by sampling methods

 A collection, compilation, analysis, abstract or other record or report of statistics collected by sampling methods by or on behalf of the Commissioner or any other party to proceedings before the Tribunal, or to a prosecution or proceedings before a court under or pursuant to this Act, is admissible in evidence in that prosecution or those proceedings.

  • R.S., 1985, c. C-34, s. 71;
  • R.S., 1985, c. 19 (2nd Supp.), s. 42;
  • 1999, c. 2, s. 37.
Marginal note:Notice
  •  (1) No record, report or statement of statistical information or statistics referred to in section 70 or 71 shall be received in evidence before the Tribunal or court unless the person intending to produce the record, report or statement in evidence has given to the person against whom it is intended to be produced reasonable notice together with a copy of the record, report or statement and, in the case of a record or report of statistics referred to in section 71, together with the names and qualifications of those persons who participated in the preparation thereof.

  • Marginal note:Attendance of statistician

    (2) Any person against whom a record or report of statistics referred to in section 70 is produced may require, for the purposes of cross-examination, the attendance of any person under whose supervision the record or report was prepared.

  • Marginal note:Idem

    (3) Any person against whom a record or report of statistics referred to in section 71 is produced may require, for the purposes of cross-examination, the attendance of any person who participated in the preparation of the record or report.

  • R.S., 1985, c. C-34, s. 72;
  • R.S., 1985, c. 19 (2nd Supp.), s. 43.
Marginal note:Jurisdiction of Federal Court
  •  (1) Subject to this section, the Attorney General of Canada may institute and conduct any prosecution or other proceedings under section 34, any of sections 45 to 49 or, if the proceedings are on indictment, under section 52, 52.1, 53, 55, 55.1 or 66, in the Federal Court, and for the purposes of the prosecution or other proceedings, the Federal Court has all the powers and jurisdiction of a superior court of criminal jurisdiction under the Criminal Code and under this Act.

  • Marginal note:No jury

    (2) The trial of an offence under Part VI or section 66 in the Federal Court shall be without a jury.

  • Marginal note:Appeal

    (3) An appeal lies from the Federal Court to the Federal Court of Appeal and from the Federal Court of Appeal to the Supreme Court of Canada in any prosecution or proceedings under Part VI or section 66 of this Act as provided in Part XXI of the Criminal Code for appeals from a trial court and from a court of appeal.

  • Marginal note:Proceedings optional

    (4) Proceedings under subsection 34(2) may in the discretion of the Attorney General of Canada be instituted in either the Federal Court or a superior court of criminal jurisdiction in the province but no prosecution shall be instituted against an individual in the Federal Court in respect of an offence under Part VI or section 66 without the consent of the individual.

  • R.S., 1985, c. C-34, s. 73;
  • 1999, c. 2, s. 21;
  • 2002, c. 8, ss. 183, 198, c. 16, s. 8;
  • 2009, c. 2, s. 421.

 [Repealed, 1999, c. 2, s. 22]

PART VII.1Deceptive Marketing Practices

Reviewable Matters

Marginal note:Misrepresentations to public
  •  (1) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever,

    • (a) makes a representation to the public that is false or misleading in a material respect;

    • (b) makes a representation to the public in the form of a statement, warranty or guarantee of the performance, efficacy or length of life of a product that is not based on an adequate and proper test thereof, the proof of which lies on the person making the representation; or

    • (c) makes a representation to the public in a form that purports to be

      • (i) a warranty or guarantee of a product, or

      • (ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result,

      if the form of purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that it will be carried out.

  • Marginal note:Ordinary price: suppliers generally

    (2) Subject to subsection (3), a person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, makes a representation to the public concerning the price at which a product or like products have been, are or will be ordinarily supplied where suppliers generally in the relevant geographic market, having regard to the nature of the product,

    • (a) have not sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation, as the case may be; and

    • (b) have not offered the product at that price or a higher price in good faith for a substantial period of time recently before or immediately after the making of the representation, as the case may be.

  • Marginal note:Ordinary price: supplier’s own

    (3) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, makes a representation to the public as to price that is clearly specified to be the price at which a product or like products have been, are or will be ordinarily supplied by the person making the representation where that person, having regard to the nature of the product and the relevant geographic market,

    • (a) has not sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation, as the case may be; and

    • (b) has not offered the product at that price or a higher price in good faith for a substantial period of time recently before or immediately after the making of the representation, as the case may be.

  • Marginal note:References to time in subsections (2) and (3)

    (4) For greater certainty, whether the period of time to be considered in paragraphs (2)(a) and (b) and (3)(a) and (b) is before or after the making of the representation depends on whether the representation relates to

    • (a) the price at which products have been or are supplied; or

    • (b) the price at which products will be supplied.

  • Marginal note:Saving

    (5) Subsections (2) and (3) do not apply to a person who establishes that, in the circumstances, a representation as to price is not false or misleading in a material respect.

  • (6) [Repealed, 2009, c. 2, s. 422]

  • 1999, c. 2, s. 22;
  • 2009, c. 2, s. 422.
 
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