Competition Act

Marginal note:Definitions

• 2 (1) In this Act,

  article

  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)

  business

  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)

  Commission

  Commission[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

  Commissioner

  Commissioner means the Commissioner of Competition appointed under subsection 7(1); (commissaire)

  computer system

  computer system has the same meaning as in subsection 342.1(2) of the Criminal Code; (ordinateur)

  data

  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)

  Director

  Director[Repealed, 1999, c. 2, s. 1]

  electronic message

  electronic message means a message sent by any means of telecommunication, including a text, sound, voice or image message; (message électronique)

  entity

  entity means a corporation or a partnership, sole proprietorship, trust or other unincorporated organization capable of conducting business; (entité)

  information

  information includes data; (renseignement)

  locator

  locator means a name or information used to identify a source of data on a computer system, and includes a URL; (localisateur)

  merger

  merger[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

  Minister

  Minister means the Minister of Industry; (ministre)

  monopoly

  monopoly[Repealed, R.S., 1985, c. 19 (2nd Supp.), s. 20]

  product

  product includes an article and a service; (produit)

  record

  record means a medium on which information is registered or marked; (document)

  sender information

  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)

  service

  service means a service of any description whether industrial, trade, professional or otherwise; (service)

  subject matter information

  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)

  supply

  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)

  trade, industry or profession

  trade, industry or profession includes any class, division or branch of a trade, industry or profession; (commerce, industrie ou profession)

  Tribunal

  Tribunal means the Competition Tribunal established by subsection 3(1) of the Competition Tribunal Act. (Tribunal)

• Marginal note:Affiliation

  (2) For the purposes of this Act,

  • (a) one entity is affiliated with another entity if one of them is the subsidiary of the other or both are subsidiaries of the same entity or each of them is controlled by the same entity or individual;

  • (b) if two entities are affiliated with the same entity at the same time, they are deemed to be affiliated with each other; and

  • (c) an individual is affiliated with an entity if the individual controls the entity.

• Marginal note:Subsidiary entity

  (3) For the purposes of this Act, an entity is a subsidiary of another entity if it is controlled by that other entity.

• Marginal note: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.