Marginal note: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.
Marginal note: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.
Marginal note: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.
(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.
4.1 [Repealed, 2009, c. 2, s. 407]
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.
- Date modified: