94. The Tribunal shall not make an order under section 92 in respect of
(a) a merger substantially completed before the coming into force of this section;
(b) a merger or proposed merger under the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act or the Trust and Loan Companies Act in respect of which the Minister of Finance has certified to the Commissioner the names of the parties and that the merger is in the public interest — or that it would be in the public interest, taking into account any terms and conditions that may be imposed under those Acts; or
(c) a merger or proposed merger approved under subsection 53.2(7) of the Canada Transportation Act and in respect of which the Minister of Transport has certified to the Commissioner the names of the parties.
- R.S., 1985, c. 19 (2nd Supp.), s. 45;
- 1991, c. 45, s. 549, c. 46, ss. 592, 593, c. 47, s. 716;
- 1999, c. 2, s. 37;
- 2000, c. 15, s. 14;
- 2001, c. 9, s. 579;
- 2007, c. 19, s. 62.
Marginal note:Exception for joint ventures
95. (1) The Tribunal shall not make an order under section 92 in respect of a combination formed or proposed to be formed, otherwise than through a corporation, to undertake a specific project or a program of research and development if
(a) a project or program of that nature
(i) would not have taken place or be likely to take place in the absence of the combination, or
(ii) would not reasonably have taken place or reasonably be likely to take place in the absence of the combination because of the risks involved in relation to the project or program and the business to which it relates;
(b) no change in control over any party to the combination resulted or would result from the combination;
(c) all the persons who formed the combination are parties to an agreement in writing that imposes on one or more of them an obligation to contribute assets and governs a continuing relationship between those parties;
(d) the agreement referred to in paragraph (c) restricts the range of activities that may be carried on pursuant to the combination, and provides that the agreement terminates on the completion of the project or program; and
(e) the combination does not prevent or lessen or is not likely to prevent or lessen competition except to the extent reasonably required to undertake and complete the project or program.
(2) For greater certainty, this section does not apply in respect of the acquisition of assets of a combination.
- R.S., 1985, c. 19 (2nd Supp.), s. 45.
- Date modified: