Bill C-23
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| Notice
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(8) A person who makes an application
under subsection (7) shall give the
Commissioner 48 hours written notice of the
application.
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| Representa- tions
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(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.
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| Prohibition of
extraordinary
relief
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(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).
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| Duty of
Commission- er
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(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.
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| R.S., c. 19
(2nd Supp.),
s. 45; 1999,
c. 2,
par. 37(z.12)
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13. Subsection 104(1) of the Act is
replaced by the following:
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| Interim order
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104. (1) Where an application has been
made for an order under this Part, other than
an interim order under section 100 or 103.1 ,
the Tribunal, on application by the
Commissioner, 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.
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| R.S., c. 19,
(2nd Supp.),
s. 45; 1999,
c. 2,
par. 37(z.13)
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14. Sections 105 and 106 of the Act are
replaced by the following:
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| Consent
agreement
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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
103.1 or a temporary order under section
104.1, may sign a consent agreement.
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| Terms of
consent
agreement
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(2) The consent agreement shall be based on
terms that could be the subject of an order of
the Tribunal against that person, and may
include other terms, whether or not they could
be imposed by the Tribunal.
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| Registration
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(3) The consent agreement may be filed
with the Tribunal for immediate registration.
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| Effect of
registration
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(4) Upon registration of the consent
agree ment, 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.
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| Rescission or
variation of
consent
agreement or
order
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106. The Tribunal may rescind or vary a
consent agreement or an order made under
this Part other than an order under section
103.1 or 104.1 , 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
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| R.S., c. 19
(2nd Supp.),
s. 45
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15. The headings before section 125 of the
Act are replaced by the following:
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PART X |
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GENERAL |
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Commissioner's Opinions |
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| Application
for written
opinion
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124.1 (1) Any person may apply to the
Commissioner, with supporting information,
for an opinion on the applicability of any
provision of this Act or the regulations to
conduct or a practice that the applicant
proposes to engage in, and the Commissioner
may provide a written opinion for the
applicant's guidance.
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| Opinion
binding
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(2) If all the material facts have been
submitted by or on behalf of an applicant for
an opinion and they are accurate, a written
opinion provided under this section is binding
on the Commissioner. It remains binding for
so long as the material facts on which the
opinion was based remain substantially
unchanged and the conduct or practice is
carried out substantially as proposed.
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References to Tribunal |
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| Reference if
parties agree
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124.2 (1) The Commissioner and a person
who is the subject of an inquiry under section
10 may by agreement refer to the Tribunal for
determination any question of law, mixed law
and fact, jurisdiction, practice or procedure, in
relation to the application or interpretation of
Part VII.1 or VIII, whether or not an
application has been made under Part VII.1 or
VIII.
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| Reference by
Commission- er
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(2) The Commissioner may, at any time,
refer to the Tribunal for determination a
question of law, jurisdiction, practice or
procedure, in relation to the application or
interpretation of Parts VII.1 to IX.
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| Reference
procedure
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(3) The Tribunal shall decide the questions
referred to it informally and expeditiously, in
accordance with any rules on references made
under section 16 of the Competition Tribunal
Act.
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Representations to Boards, Commissions or Other Tribunals |
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| R.S., c. 19,
(2nd Supp.),
Part I
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COMPETITION TRIBUNAL ACT |
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16. Paragraph 3(2)(a) of the Competition
Tribunal Act is replaced by the following:
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17. The Act is amended by adding the
following after section 8:
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| Costs
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8.1 (1) The Tribunal may award costs of
proceedings before it in respect of reviewable
matters under Parts VII.1 and VIII of the
Competition Act on a final or interim basis, if
it finds that the proceedings are frivolous or
vexatious or that any step in the proceedings
is taken to hinder or delay their progress.
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| Payment
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(2) The Tribunal may direct by whom and
to whom any costs are to be paid and by whom
they are to be taxed and allowed.
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| Award against
the Crown
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(3) The Tribunal may award costs against
Her Majesty in right of Canada.
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| Costs
adjudged to
Her Majesty
in right of
Canada
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(4) Costs adjudged to Her Majesty in right
of Canada shall not be disallowed or reduced
on taxation by reason only that counsel who
earned the costs, or in respect of whose
services the costs are charged, was a salaried
officer of Her Majesty in right of Canada
performing those services in the discharge of
that counsel's duty and remunerated for those
services by salary, or for that or any other
reason was not entitled to recover any costs
from Her Majesty in right of Canada in respect
of the services so rendered.
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| Amounts to
Receiver
General
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(5) Any money or costs awarded to Her
Majesty in right of Canada in a proceeding in
respect of which this section applies shall be
paid to the Receiver General.
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18. Section 9 of the Act is amended by
adding the following after subsection (3):
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| Summary
dispositions
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(4) On a motion from a party to an
application made under Part VII.1 or VIII of
the Competition Act, a judicial member may
hear and determine the application in a
summary way, in accordance with any rules on
summary dispositions.
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| Decision
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(5) The judicial member may dismiss the
application in whole or in part if the member
finds that there is no genuine basis for it. The
member may allow the application in whole or
in part if satisfied that there is no genuine basis
for the response to it.
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| 2000, c. 15.
s. 16
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19. Subsection 11(1) of the Act is replaced
by the following:
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| Hearing of
applications
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11. (1) The Chairman of the Tribunal,
sitting alone, or a judicial member designated
by the Chairman, sitting alone, may hear and
dispose of applications under subsection
4.1(2) or (4) or 100(1), section 103.1 or
subsection 104(1) or 104.1(7) of the
Competition Act and any related matters.
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COMING INTO FORCE |
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| Coming into
force
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20. The provisions of this Act, and the
provisions of any Act as enacted by this Act,
come into force on a day or days to be fixed
by order of the Governor in Council.
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