(3) Section 77 of the Act is amended by adding the following after subsection (6):
Inferences	(7) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application.
	11.3 Section 77 of the Act is amended by adding the following after subsection (3):
Damage awards	(3.1) For greater certainty, the Tribunal may not make an award of damages under this section to a person granted leave under subsection 103.1(7).
	11.4 Section 79 of the Act is amended by adding the following after subsection (3):
Administrativ e monetary penalty	(3.1) Where the Tribunal makes an order under subsection (1) or (2) against an entity who operates a domestic service, as defined in subsection 55(1) of the Canada Transportation Act, it may also order the entity to pay, in such manner as the Tribunal may specify, an administrative monetary penalty in an amount not greater than $15 million.
Aggravating or mitigating factors	(3.2) In determining the amount of an administrative monetary penalty, the Tribunal shall take into account the following:
	(a) the frequency and duration of the practice;
	(b) the vulnerability of the class of persons adversely affected by the practice;
	(c) injury to competition in the relevant market;
	(d) the history of compliance with this Act by the entity; and
	(e) any other relevant factor.
Purpose of order	(3.3) The purpose of an order under subsection (3.1) is to promote practices that are in conformity with this section, not to punish.
	11.5 The Act is amended by adding the following after section 79:
Unpaid monetary penalty	79.1 The amount of an administrative monetary penalty imposed on an entity under subsection 79(3.1) is a debt due to Her Majesty in right of Canada and may be recovered as such from that entity in a court of competent jurisdiction.
	12. The Act is amended by adding the following before section 104:
Leave to make application under sections 75 or 77	103.1 (1) Any person may apply to the Tribunal for leave to make an application under section 75 or 77. The application for leave must be accompanied by an affidavit setting out the facts in support of the person's application under section 75 or 77.
Notice	(2) The applicant must serve a copy of the application for leave on the Commissioner and any person against whom the order under section 75 or 77 is sought.
Certification by Commissioner	(3) The Commissioner shall, within 48 hours after receiving a copy of an application for leave, certify to the Tribunal whether or not the matter in respect of which leave is sought
	(a) is the subject of an inquiry by the Commissioner; or
	(b) was the subject of an inquiry that has been discontinued because of a settlement between the Commissioner and the person against whom the order under section 75 or 77 is sought.
Application discontinued	(4) The Tribunal shall not consider an application for leave respecting a matter described in paragraph (3)(a) or (b) or a matter that is the subject of an application already submitted to the Tribunal by the Commissioner under section 75 or 77.
Notice by Tribunal	(5) The Tribunal shall as soon as practicable after receiving the Commissioner's certification under subsection (3) notify the applicant and any person against whom the order is sought as to whether it can hear the application for leave.
Representatio ns	(6) A person served with an application for leave may, within 15 days after receiving notice under subsection (5), make representations in writing to the Tribunal and shall serve a copy of the representations on any other person referred to in subsection (2).
Granting leave to make application under section 75 or 77	(7) The Tribunal may grant leave to make an application under section 75 or 77 if it has reason to believe that the applicant is directly and substantially affected in his or her business by any practice referred to in one of those sections that could be subject to an order under that section.
Time and conditions for making application	(8) The Tribunal may set the time within which and the conditions subject to which an application under section 75 or 77 must be made. The application must be made no more than one year after the practice that is the subject of the application has ceased.
Decision	(9) The Tribunal must give written reasons for its decision to grant or refuse leave and send copies to the applicant, the Commissioner and any other person referred to in subsection (2).
Limitation	(10) The Commissioner may not make an application for an order under section 75, 77 or 79 on the basis of the same or substantially the same facts as are alleged in a matter for which the Tribunal has granted leave under subsection (7), if the person granted leave has already applied to the Tribunal under section 75 or 77.
Inferences	(11) In considering an application for leave, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by it.
Inquiry by Commissioner	(12) If the Commissioner has certified under subsection (3) that a matter in respect of which leave was sought by a person is under inquiry and the Commissioner subsequently discontinues the inquiry other than by way of settlement, the Commissioner shall, as soon as practicable, notify that person that the inquiry is discontinued.
Intervention by Commissioner	103.2 If a person granted leave under subsection 103.1(7) makes an application under section 75 or 77, the Commissioner may intervene in the proceedings.
Interim order	103.3 (1) Subject to subsection (2), the Tribunal may, on ex parte application by the Commissioner in which the Commissioner certifies that an inquiry is being made under paragraph 10(1)(b) , issue an interim order
	(a) to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81 or 84; or
	(b) to prevent the taking of measures under section 82 or 83.
Limitation	(2) The Tribunal may make the interim order if it finds that the conduct or measures could be of the type described in paragraphs (1)(a) and (b), respectively, and that, in the absence of an interim order,
	(a) injury to competition that cannot adequately be remedied by the Tribunal is likely to occur;
	(b) a person is likely to be eliminated as a competitor; or
	(c) a person is likely to suffer a significant loss of market share, a significant loss of revenue or other harm that cannot be adequately remedied by the Tribunal.
Consultation	(3) Before making an application for an order to prevent the continuation of conduct that could be the subject of an order under sections 75 to 77, 79, 81 or 84 by an entity incorporated under the Bank Act, the Insurance Companies Act, the Trust and Loan Companies Act or the Cooperative Credit Associations Act or a subsidiary of such an entity, the Commissioner must consult with the Minister of Finance respecting the safety and soundness of the entity.
Duration	(4) Subject to subsections (5) and (6), an interim order has effect for 10 days, beginning on the day on which it is made.
Extension or revocation of order	(5) The Tribunal may, on application by the Commissioner on 48 hours notice to each person against whom the interim order is directed,
	(a) extend the interim order once or twice for additional periods of 35 days each; or
	(b) rescind the order.
Application to Tribunal for extension	(5.1) The Commissioner may, before the expiry of the second 35 day period referred to in subsection (5) or of the period fixed by the Tribunal under subsection (7), as the case may be, apply to the Tribunal for a further extension of the interim order.
Notice of application by Commissioner	(5.2) The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the interim order is made.
Extension of interim order	(5.3) The Tribunal may order that the effective period of the interim order be extended if
	(a) the Commissioner establishes that information requested for the purpose of the inquiry has not yet been provided or that more time is needed in order to review the information;
	(b) the information was requested during the initial period that the interim order had effect, within the first 35 days after an order extending the interim order under subsection (5) had effect, or within the first 35 days after an order extending the interim order made under subsection (7) has effect, as the case may be, and
	(i) the provision of such information is the subject of a written undertaking, or
	(ii) the information was ordered to be provided under section 11; and
	(c) the information is reasonably required to determine whether grounds exist for the Commissioner to make an application under any section referred to in paragraph (1)(a) or (b).
Terms	(5.4) An order extending an interim order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection.
Effect of application	(5.5) If an application is made under subsection (5.1), the interim order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3).
When application made to Tribunal	(6) If an application is made under subsection (7), an interim order has effect until the Tribunal makes an order under that subsection.
Confirming or setting aside interim order	(7) A person against whom the Tribunal has made an interim order may apply to the Tribunal in the first 10 days during which the order has effect to have it varied or set aside and the Tribunal shall
	(a) if it is satisfied that one or more of the situations set out in paragraphs (2)(a) to (c) existed or are likely to exist, make an order confirming the interim order, with or without variation as the Tribunal considers necessary and sufficient to meet the circumstances, and fix the effective period of that order for a maximum of 70 days, beginning on the day on which the order confirming the interim order is made; and
	(b) if it is not satisfied that any of the situations set out in paragraphs (2)(a) to (c) existed or is likely to exist, make an order setting aside the interim order.
Notice	(8) A person who makes an application under subsection (7) shall give the Commissioner 48 hours written notice of the application.
Representatio ns	(9) At the hearing of an application under subsection (7), the Tribunal shall provide the applicant, the Commissioner and any person directly affected by the interim order with a full opportunity to present evidence and make representations before the Tribunal makes an order under that subsection.
Prohibition of extraordinary relief	(10) Notwithstanding section 13 of the Competition Tribunal Act, an interim order shall not be appealed or reviewed in any court except as provided for by subsection (7).
Duty of Commissioner	(11) When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made.
R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(z.12)	13. (1) Subsection 104(1) of the Act is replaced by the following:
Interim order	104. (1) Where an application has been made for an order under this Part, other than an interim order under section 100 or 103.3 , the Tribunal, on application by the Commissioner or a person who has made an application under section 75 or 77 , may issue such interim order as it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief.
R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37 (z.12)	(2) Subsection 104(3) of the Act is replaced by the following:
Duty of Commissioner	(3) Where an interim order issued under subsection (1) on application by the Commissioner is in effect, the Commissioner shall proceed as expeditiously as possible to complete proceedings under this Part arising out of the conduct in respect of which the order was issued.
	13.1 Section 104.1 of the Act is amended by adding the following after subsection (5):
Application to Tribunal for extension	(5.1) The Commissioner may, before the expiry of the second 30-day period referred to in subsection (5) or of the period fixed by the Tribunal under subsection (7), as the case may be, apply to the Tribunal for a further extension of the temporary order.
Notice of application by Commissioner	(5.2) The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the temporary order is made.
Extension of temporary order	(5.3) The Tribunal may order that the effective period of the temporary order be extended if
	(a) the Commissioner establishes that information requested for the purpose of the inquiry has not yet been provided or that more time is needed in order to review the information;
	(b) the information was requested within the initial period that the temporary order had effect, within the first 30 days after an order extending the temporary order under subsection (5) has effect, or within the first 30 days after an order extending the temporary order made under subsection (7) has effect, as the case may be, and
	(i) the provision of such information is the subject of a written undertaking, or
	(ii) the information was ordered to be provided under section 11; and
	(c) the information is reasonably required to determine whether grounds exist for the Commissioner to make an application under section 79.
Terms	(5.4) An order extending a temporary order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection.
Effect of application	(5.5) If an application is made under subsection (5.1), the temporary order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3).
R.S., c. 19, (2nd Supp.), s. 45; 1999, c. 2, par. 37(z.13)	14. Sections 105 and 106 of the Act are replaced by the following:
Consent agreement	105. (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part, other than an interim order under section 103.3 or a temporary order under section 104.1, may sign a consent agreement.
Terms of consent agreement	(2) The consent agreement shall be based on terms that could be the subject of an order of the Tribunal against that person.
Registration	(3) The consent agreement may be filed with the Tribunal for immediate registration.
Effect of registration	(4) Upon registration of the consent agreement, the proceedings, if any, are terminated, and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal.
Rescission or variation of consent agreement or order	106. (1) The Tribunal may rescind or vary a consent agreement or an order made under this Part other than an order under section 103.3 , 104.1 or a consent agreement under section 106.1 , on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the Tribunal finds that
	(a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or
	(b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order.