First Session, Forty-fifth Parliament, 3-4 Charles III, 2025

SENATE OF CANADA

BILL S-239 An Act to amend the Competition Act

FIRST READING, October 30, 2025

This enactment amends section 10.‍1 of the Competition Act to provide that the Commissioner of Competition may, in a market or industry inquiry report, make recommendations to a responsible federal or provincial institution respecting barriers to trade within Canada that, in the Commissioner’s opinion, unduly affect the state of competition in the market or industry.

It provides that the head of a federal institution must respond to any recommendation made to the institution within 120 days. It requires the Commissioner to publish the response received on a publicly available website.

It provides that the head of a provincial institution may respond to any recommendation made to the institution within 120 days. It requires the Commissioner to publish the response — or, if no response is received, a notice to this effect — on a publicly available website.

1st Session, 45th Parliament, 3-4 Charles III, 2025

SENATE OF CANADA

BILL S-239

An Act to amend the Competition Act

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Recommendations — barriers to trade within Canada

(8) The Commissioner may, in the report, make a recommendation to a responsible federal or provincial institution respecting any barrier to trade within Canada — including an Act, a regulation, a rule, an order or a by-law — that, in the Commissioner’s opinion, unduly affects the state of competition in the market or industry that is the subject of the inquiry or any related market or industry in Canada.

Copy of report

(9) If the Commissioner makes a recommendation to a federal or provincial institution under subsection (8), the Commissioner must send a copy of the report containing the recommendation to the head of that institution.

Response — federal institution

(10) The head of a federal institution must respond to a recommendation made to that institution under subsection (8) within 120 days after the day on which the report is published. The Commissioner must publish the head’s response on a publicly available website.

Response — provincial institution

(11) The head of a provincial institution may respond to a recommendation made to that institution under subsection (8) within 120 days after the day on which the report is published. The Commissioner must publish the head’s response — or, if no response is received, a notice to this effect — on a publicly available website.

Definitions

(12) The following definitions apply in this section.

federal institution means any of the following institutions of the Government of Canada:

• (a) a department, ministry of state, board, commission or council, or other body or office established to perform a governmental function by or pursuant to an Act of Parliament or by or under the authority of the Governor in Council, or

• (b) a Crown corporation established by or pursuant to an Act of Parliament,

but does not include

• (c) any institution of the Legislative Assembly or Government of Yukon, the Northwest Territories or Nunavut, or

• (d) any Indian band, band council or other body established to perform a governmental function in relation to an Indian band or other Indigenous group. (institution fédérale)

head, in respect of a federal or provincial institution, means

• (a) in the case of a department or ministry of state of the Government of Canada, the member of the King’s Privy Council for Canada who presides over the department or ministry;

• (b) in the case of a department or ministry of the government of a province, the member of the executive council who presides over the department or ministry;

• (c) in the case of a municipality, the mayor, reeve or other similar chief officer; or

• (d) in any other case, the chief executive officer of the institution, whatever their title. (responsable d’institution fédérale ou provinciale)

provincial institution means any of the following institutions of the government of a province:

• (a) a department, ministry, board, commission or council, or other body or office established to perform a governmental function by or pursuant to an Act of the legislature or by or under the authority of the lieutenant governor in council;

• (b) a municipality; or

• (c) a Crown corporation established by or pursuant to an Act of the legislature. (institution provinciale)