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Bill C-472

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Notice to persons affected

(3) On making a temporary order, the Commissioner shall promptly give written notice of the order, together with the grounds for it, to every person against whom it was made or who is directly affected by it.

Duration of temporary order

(4) Subject to subsections (5) and (6), a temporary order has effect for 20 days.

Extension and revocation

(5) The Commissioner may extend the 20-day period for one or two periods of 30 days each or may revoke a temporary order. The Commissioner shall promptly give written notice of the extension or revocation to every person to whom notice was given under subsection (3).

When application made to Tribunal

(6) If an application is made under subsection (7), the temporary order has effect until the Tribunal makes an order under that subsection.

Confirmation

(7) A person against whom the Commissioner has made a temporary order may, within the period referred to in subsection (4), apply to the Tribunal to have the temporary order varied or set aside and the Tribunal shall

    (a) if it is satisfied that one or more of the conditions set out in paragraph (1)(b) existed or are likely to exist, make an order confirming the temporary order, with or without variation as the Tribunal considers necessary and sufficient to meet the circumstances, and fixing the effective period of its order for a maximum of 60 days after the day on which it is made; and

    (b) if it is not satisfied that one or more of the conditions set out in paragraph (1)(b) existed or are likely to exist, make an order refusing to confirm the temporary order.

Notice

(8) The applicant shall give written notice of the application to every person to whom notice was given under subsection (3).

Commissioner is respondent

(9) In the event of an application under subsection (7), the Commissioner is the respondent.

Representa-
tions

(10) At the hearing of an application under subsection (7), the Tribunal shall provide the applicant, the Commissioner and any person directly affected by the temporary order with a full opportunity to present evidence and make representations before the Tribunal makes an order under that subsection.

Prohibition of extraordinary relief

(11) Except as provided for by subsection (7),

    (a) a temporary order made by the Commissioner shall not be questioned or reviewed in any court; and

    (b) no order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, mandamus, prohibition, quo warranto, declaratory judgment or otherwise, to question, review, prohibit or restrain the Commissioner in the exercise of the jurisdiction granted by this section.

Powers and duties not affected by order

(12) The making of a temporary order does not in any way limit, restrict or qualify the powers, duties or responsibilities of the Commissioner under this Act, including the Commissioner's power to conduct inquiries and to make applications to the Tribunal in regard to conduct that is the subject of the temporary order.

Registration of orders

(13) The Commissioner shall file each temporary order with the Registry of the Tribunal. Once registered, the order is enforceable in the same manner as an order of the Tribunal.

Duty of Commissioner

(14) When a temporary order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the investigation arising out of the conduct in respect of which the temporary order was made.

Immunity

(15) No action lies against Her Majesty in right of Canada, the Minister, the Commissioner, any Deputy Commissioner, any person employed in the public service of Canada or any person acting under the direction of the Commissioner for anything done or omitted to be done in good faith under this section.

12. The portion of section 106 immediately before paragraph (a) is replaced by the following:

Rescission or variation of order

106. Where, on application by the Commissioner, a person having applied under section 75 or 77 or a person against whom an order has been made under this Part, the Tribunal finds that

R.S., c. 19 (2nd Supp.), Part I 1999, c. 2, s. 43

COMPETITION TRIBUNAL ACT

13. The Competition Tribunal Act is amended by adding the following after subsection 9(3):

Costs

(4) Subject to any other enactment, the costs of a proceeding or a step in a proceeding are in the discretion of the Tribunal, which may determine by whom and to what extend costs shall be paid.

Summary disposition

(5) A single judicial member of the Tribunal may, on the motion of a party to an application, make a summary decision

    (a) to dismiss all or part of the application if satisfied that there is no genuine issue to be heard; or

    (b) to grant all or part of the application if satisfied that there is no genuine defence to the application.

14. Subsection 11(1) of the Competition Tribunal Act is replaced by the following:

Interim orders, leave and temporary orders

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 for interim orders under subsection 100(1) or 104(1), and applications under subsection 77.1(1), 77.1(2) or 104.1(7), of the Competition Act and any related matters.

R.S., c. C-46; 1995, c. 27, s. 1

criminal code

15. The definition of ``offence'' in section 183 of the Criminal Code is amended by replacing the words ``section 45 (conspiracy) of the Competition Act in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act'' with the words ``section 45 (collusion) of the Competition Act''.

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