Competition Tribunal Act (R.S.C., 1985, c. 19 (2nd Supp.))

Act current to 2013-04-29 and last amended on 2009-03-12. Previous Versions

Proceedings

Marginal note:Questions of law, fact, mixed law and fact

  • 12. (1) In any proceedings before the Tribunal,

    • (a) questions of law shall be determined only by the judicial members sitting in those proceedings; and

    • (b) questions of fact or mixed law and fact shall be determined by all the members sitting in those proceedings.

  • Marginal note:Where there are differing opinions

    (2) In any proceedings before the Tribunal,

    • (a) in the event of a difference of opinion among the members determining any question, the opinion of the majority shall prevail; and

    • (b) in the event of an equally divided opinion among the members determining any question, the presiding member may determine the question.

  • Marginal note:Where member unable to take part in judgment

    (3) Where a member of the Tribunal is unable to take part in the giving of judgment in any proceedings or has died, the other members sitting in those proceedings may, whether or not they include a judicial member or a lay member, give judgment and, for that purpose, shall be deemed to constitute the Tribunal.

Appeal

Marginal note:Appeal

  • 13. (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.

  • Marginal note:Questions of fact

    (2) An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal.

  • R.S., 1985, c. 19 (2nd Supp.), s. 13;
  • 2002, c. 8, s. 130.
Previous Version

Administration of Tribunal

Marginal note:Registry

  • 14. (1) There shall be a Registry of the Tribunal consisting of an office in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Staff

    (2) Such officers, clerks and employees as are required for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Organization

    (3) The employees of the Tribunal shall be organized and the offices shall be operated in such manner as may be provided by the rules.

Marginal note:Sittings

15. The Tribunal may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business.

Rules

Marginal note:Rules

  • 16. (1) Subject to the approval of the Governor in Council, the Tribunal may make general rules that are not inconsistent with this Part or the Competition Act

    • (a) for regulating the practice and procedure of the Tribunal; and

    • (b) for carrying out the work of the Tribunal, the management of its internal affairs and the duties of its officers and employees.

  • Marginal note:When effective

    (2) No rule made under this section has effect until it has been published in the Canada Gazette.

  • Marginal note:Tabling of rules

    (3) A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting.

  • Marginal note:Quorum

    (4) Five members of the Tribunal, at least three of whom are judicial members, constitute a quorum of the Tribunal for the purpose of making rules under this section.