Bill C-41
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C-41
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-41
An Act to amend the Competition Act
first reading, December 7, 2006
THE MINISTER OF INDUSTRY
90399
SUMMARY
This enactment amends the Competition Act to allow the Competition Tribunal to impose an administrative monetary penalty in respect of cases of abuse of dominant position by telecommunications service providers.
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-41
An Act to amend the Competition Act
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1999, c. 2, s. 19
1. The portion of section 66 of the Competition Act before paragraph (a) is replaced by the following:
Contravention of Part VII.1 or VIII order
66. Every person who contravenes an order made under Part VII.1, except paragraph 74.1(1)(c), or under Part VIII, except subsection 79(3.1) or (3.11), is guilty of an offence and liable
2. (1) Section 79 of the Act is amended by adding the following after subsection (3.1):
Administrative monetary penalty
(3.11) Where the Tribunal makes an order under subsection (1) or (2) against an entity that is a telecommunications service provider, as defined in subsection 2(1) of the Telecommunications 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.
2002, c. 16, s. 11.4
(2) The portion of subsection 79(3.2) of the Act before paragraph (a) is replaced by the following:
Aggravating or mitigating factors — subsection (3.1)
(3.2) In determining the amount of an administrative monetary penalty imposed under subsection (3.1), the Tribunal shall take into account the following:
(3) Section 79 of the Act is amended by adding the following after subsection (3.2):
Aggravating or mitigating factors — subsection (3.11)
(3.21) In determining the amount of an administrative monetary penalty imposed under subsection (3.11), the Tribunal shall take into account the following:
(a) the gross revenue from sales affected by the practice;
(b) any actual or anticipated profits generated by the practice;
(c) the financial position of the entity against which the order is made;
(d) the history of compliance with this Act by the entity; and
(e) any other relevant factor.
2002, c. 16, s. 11.4
(4) Subsection 79(3.3) of the Act is replaced by the following:
Purpose of order
(3.3) The purpose of an order made against an entity under subsection (3.1) or (3.11) is to promote practices by that entity that are in conformity with the purposes of this section, not to punish.
2002, c. 16, s. 11.5
3. Section 79.1 of the Act is replaced by the following:
Unpaid monetary penalty
79.1 The amount of an administrative monetary penalty imposed on an entity under subsection 79(3.1) or (3.11) 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.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Competition Act
Clause 1: Relevant portion of section 66:
66. Every person who contravenes an order made under Part VII.1, except paragraph 74.1(1)(c), or under Part VIII is guilty of an offence and liable
Clause 2: (1) New.
(2) Relevant portion of subsection 79(3.2):
(3.2) In determining the amount of an administrative monetary penalty, the Tribunal shall take into account the following:
(3) New.
(4) Existing text of subsection 79(3.3):
(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.
Clause 3: Existing text of section 79.1:
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.