Competition Act

Marginal note:Procedure for enforcing punishment

• 67 (1) Where an indictment is found against an accused, other than a corporation, for any offence against this Act, the accused may elect to be tried without a jury and where he so elects, he shall be tried by the judge presiding at the court at which the indictment is found, or the judge presiding at any subsequent sittings of that court, or at any court where the indictment comes on for trial.

• Marginal note:Application of Criminal Code

  (2) Where an election is made under subsection (1), the proceedings subsequent to the election shall be regulated in so far as may be applicable by the provisions of the Criminal Code relating to the trial of indictable offences by a judge without a jury.

• Marginal note:Jurisdiction of courts

  (3) No court other than a superior court of criminal jurisdiction, as defined in the Criminal Code, has power to try any offence under section 45, 46, 47, 48 or 49.

• Marginal note:Corporations — trials with or without jury

  (4) Despite anything in the Criminal Code or in any other statute or law, the following rules apply to corporations charged with an offence under this Act:

  • (a) if one or more corporations are charged and no individual is charged in the same indictment, the corporation or corporations are to be tried without a jury;

  • (b) if one or more corporations and a single individual are charged in the same indictment, then, unless the court is satisfied that the ends of justice require otherwise, the corporation or corporations are to be tried

    • (i) without a jury if the individual elects or re-elects to be tried without a jury, or

    • (ii) with a jury if the individual elects or re-elects to be tried with a jury; and

  • (c) if one or more corporations and two or more individuals are charged in the same indictment, then, unless the court is satisfied that the ends of justice require otherwise, the corporation or corporations are to be tried

    • (i) without a jury if all the individuals elect or re-elect to be tried without a jury,

    • (ii) with a jury if all the individuals elect or re-elect to be tried with a jury, or

    • (iii) either with or without a jury, as determined by the Attorney General of Canada for each corporation, if some but not all of the individuals elect or re-elect to be tried without a jury.

• Marginal note:Option as to procedure under subsection 34(2)

  (5) In any case where subsection 34(2) is applicable, the Attorney General of Canada or the attorney general of the province may in his discretion institute proceedings either by way of an information under that subsection or by way of prosecution.

• Marginal note:Limitation period

  (6) Proceedings in respect of an offence that is declared by this Act to be punishable on summary conviction may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.