Bill C-458
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-458 |
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An Act to amend the Competition Act
(contest, lottery or game of chance)
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R.S., c. C-34;
R.S., c. 27 (1st
Supp.), c. 19
(2nd Supp.),
c. 34 (3rd
Supp.), cc. 1,
10 (4th
Supp.); 1990,
c. 37; 1991,
cc. 45, 46, 47;
1992, cc. 1,
14; 1993, c.
34; 1995, c. 1;
1999, cc. 2,
28, 31
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1. (1) Paragraph 33(1)(b) of the
Competition Act is replaced by the
following:
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(2) Section 33 of the Act is amended by
adding the following after subsection (1.1):
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Contest,
lottery or
game of
chance
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(1.2) An injunction issued in respect of an
offence under section 52.2 may forbid any
person from supplying to another person a
product that is or is likely to be used for the
commission or continuation of such an
offence, where the person being supplied or, in
the case of a corporation, any of its officers or
directors, was previously
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2. The Act is amended by adding the
following after section 52.1:
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Contest,
lottery or
game of
chance
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52.2 (1) Subject to subsection (2), no person
shall distribute or cause to be distributed
printed material containing a contest, lottery,
game of chance or game of mixed chance and
skill whose contents convey the general
impression that the recipient of the printed
material has won a prize or advantage, and the
distribution of such prize or advantage or any
request for information regarding them is
conditional on the prior payment of a sum of
money or specific telephone charges.
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For greater
certainty
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(2) Where the printed material indicates
that it is necessary to make a telephone call in
order to obtain information regarding the
prizes to be won or how to obtain them and
specific charges apply to the telephone call,
such charges are deemed to be specific
telephone charges for the purposes of
subsection (1).
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Due diligence
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(3) No person shall be convicted of an
offence under this section who establishes that
the person exercised due diligence to prevent
the commission of the offence.
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Offences by
employees or
agents
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(4) Notwithstanding subsection (3), in the
prosecution of a corporation for an offence
under this section, it is sufficient proof of the
offence to establish that it was committed by
an employee or agent of the corporation,
whether or not the employee or agent is
identified, unless the corporation establishes
that the corporation exercised due diligence to
prevent the commission of the offence.
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Liability of
officers and
directors
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(5) Where a corporation commits an
offence under this section, any officer or
director of the corporation who is in a position
to direct or influence the policies of the
corporation in respect of conduct prohibited
by this section is a party to and guilty of the
offence and is liable to the punishment
provided for the offence, whether or not the
corporation has been prosecuted or convicted,
unless the officer or director establishes that
the officer or director exercised due diligence
to prevent the commission of the offence.
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Offence and
punishment
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(6) Any person who contravenes subsection
(1) is guilty of an offence and liable
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3. Subsection 73(1) of the Act is replaced
by the following:
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Jurisdiction of
Federal Court
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73. (1) Subject to this section, the Attorney
General of Canada may institute and conduct
any prosecution or other proceedings under
section 34, any of sections 45 to 51 and section
61 or, where the proceedings are on
indictment, under section 52, 52.1, 52.2 , 55,
55.1 or 66, in the Federal Court - Trial
Division, and for the purposes of the
prosecution or other proceedings, the Federal
Court - Trial Division has all the powers and
jurisdiction of a superior court of criminal
jurisdiction under the Criminal Code and
under this Act.
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4. Subsection 74.07(2) is replaced by the
following:
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Non-applicati
on
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(2) Sections 74.01 to 74.06 do not apply in
respect of conduct prohibited by sections 52.1,
52.2, 55 and 55.1.
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Review after
five years
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5. (1) On the expiration of five years after
the coming into force of this Act, and every
five years thereafter, the provisions
contained herein shall be referred to such
committee of the House of Commons, of the
Senate or of both Houses of Parliament as
may be designated or established by
Parliament for that purpose.
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Report
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(2) The committee designated or
established by Parliament for the purpose
of subsection (1) shall, as soon as
practicable, undertake a comprehensive
review of the provisions and operation of
this Act and shall, within one year after the
review is undertaken or within such further
time as the House of Commons may
authorize, submit a report to Parliament
thereon including such recommendations
pertaining to the continuation of those
sections and changes required therein as the
committee may wish to make.
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