Competition Tribunal Act

An Act to establish the Competition Tribunal and to amend the Combines Investigation Act and the Bank Act and other Acts in consequence thereof Short title This Part may be cited as the Competition Tribunal Act. Definitions In this Part, judicial member means a member of the Tribunal appointed under paragraph 3(2)(a); (juge) lay member means a member of the Tribunal appointed under paragraph 3(2)(b); (autre membre) Minister means the Minister of Industry; (ministre) Tribunal means the Competition Tribunal established by subsection 3(1). (Tribunal) Tribunal There is hereby established a tribunal to be known as the Competition Tribunal. Constitution of Tribunal The Tribunal shall consist of not more than six members to be appointed from among the judges of the Federal Court by the Governor in Council on the recommendation of the Minister of Justice; and not more than eight other members to be appointed by the Governor in Council on the recommendation of the Minister. Advisory council The Governor in Council may establish an advisory council to advise the Minister with respect to appointments of lay members, which council is to be composed of not more than ten members who are knowledgeable in economics, industry, commerce or public affairs and may include, without restricting the generality of the foregoing, individuals chosen from business communities, the legal community, consumer groups and labour. Consultation The Minister shall consult with any advisory council established under subsection (3) before making a recommendation with respect to the appointment of a lay member. Chairman The Governor in Council shall designate one of the judicial members to be Chairman of the Tribunal. Role of Chairman The Chairman has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing, the allocation of the work of the members thereof. Absence or incapacity Where the office of Chairman is vacant, or the Chairman is absent from Canada or is for any reason unable to act, the powers of the Chairman shall be exercised and the duties performed by the senior judicial member who is in Canada and is able and willing to act. Tenure of judicial members Each judicial member shall be appointed for a term not exceeding seven years and holds office so long as he remains a judge of the Federal Court. Tenure of lay members Each lay member shall be appointed for a term not exceeding seven years and holds office during good behaviour but may be removed by the Governor in Council for cause. Re-appointment A member of the Tribunal, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term. Acting after expiration of appointment A person may continue to act as a member of the Tribunal after the expiration of his term of appointment in respect of any matter in which he became engaged during the term of his appointment. Temporary substitute members In the event of the absence or incapacity of a member of the Tribunal, the Governor in Council may appoint a temporary substitute member for such period of time as the Governor in Council prescribes. Remuneration of lay members Each lay member shall be paid such remuneration as may be fixed by the Governor in Council. Expenses of members Each member of the Tribunal is entitled to be paid the travel allowances that a judge is entitled to be paid under the Judges Act. Other benefits Each lay member is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Oath of office Every member of the Tribunal shall, before entering on the duties of his office, take an oath that he will duly and faithfully, and to the best of his skill and knowledge, execute the powers and trusts reposed in him as a member of the Tribunal. How administered The oath referred to in subsection (1) shall be administered to the Chairman of the Tribunal before the Chief Justice of the Federal Court, and to the other members by the Chairman, or in his absence or incapacity, by any other member. Jurisdiction The Tribunal has jurisdiction to hear and dispose of all applications made under Part VII.1 or VIII of the Competition Act and any related matters, as well as any matter under Part IX of that Act that is the subject of a reference under subsection 124.2(2) of that Act. Powers The Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record. Power to penalize No person shall be punished for contempt of the Tribunal unless a judicial member is of the opinion that the finding of contempt and the punishment are appropriate in the circumstances. Costs 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, in accordance with the provisions governing costs in the Federal Court Rules, 1998. Payment 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. No award against the Crown Despite any other Act of Parliament, the Tribunal shall not award costs against His Majesty in right of Canada unless it is satisfied that an award is necessary to maintain confidence in the administration of justice; or that the absence of an award would have a substantial adverse effect on the other party’s ability to carry on business. Costs adjudged to Her Majesty in right of Canada 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. Amounts to Receiver General 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. Court of record The Tribunal is a court of record and shall have an official seal which shall be judicially noticed. Proceedings All proceedings before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit. Interventions by persons affected Any person may, with leave of the Tribunal, intervene in any proceedings before the Tribunal, other than proceedings under Part VII.1 of the Competition Act, to make representations relevant to those proceedings in respect of any matter that affects that person. Summary dispositions 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. Decision 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. Sittings of Tribunal Subject to section 11, every application to the Tribunal shall be heard before not less than three or more than five members sitting together, at least one of whom is a judicial member and at least one of whom is a lay member. Judicial member to preside at hearings The Chairman shall designate a judicial member to preside at any hearing or, if the Chairman is present at a hearing, may preside himself. Prohibition where financial interest No member shall take part in any matter before the Tribunal in which the member has a direct or indirect financial interest. Hearing of applications 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 100(1), section 103.1 or 103.3 or subsection 104(1) or 123.1(1) of the Competition Act and any related matters. Administrative remedies Applications for orders under Part VII.1 of the Competition Act and any related matters shall be heard and disposed of by the Chairman of the Tribunal, sitting alone, or by a judicial member designated by the Chairman, sitting alone. Questions of law, fact, mixed law and fact In any proceedings before the Tribunal, questions of law shall be determined only by the judicial members sitting in those proceedings; and questions of fact or mixed law and fact shall be determined by all the members sitting in those proceedings. Where there are differing opinions in the event of a difference of opinion among the members determining any question, the opinion of the majority shall prevail; and in the event of an equally divided opinion among the members determining any question, the presiding member may determine the question. Where member unable to take part in judgment Where a member of the Tribunal is unable to take part in the giving of judgment in any proceedings or has died, the other members sitting in those proceedings may, whether or not they include a judicial member or a lay member, give judgment and, for that purpose, shall be deemed to constitute the Tribunal. Appeal Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court. Questions of fact An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal. [Repealed, 2014, c. 20, s. 447] Sittings The Tribunal may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business. Rules Subject to the approval of the Governor in Council, the Tribunal may make general rules that are not inconsistent with this Part or the Competition Act for regulating the practice and procedure of the Tribunal; and for carrying out the work of the Tribunal and the management of its internal affairs. When effective No rule made under this section has effect until it has been published in the Canada Gazette. Tabling of rules A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting. Quorum Five members of the Tribunal, at least three of whom are judicial members, constitute a quorum of the Tribunal for the purpose of making rules under this section. Advance publication of rules and amendments Where the Tribunal proposes to make any rule under section 16, it shall give notice of the proposal by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations to it in writing with respect thereto within sixty days after the day of the publication; and may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposal either as originally published or as revised in such manner as the Tribunal deems advisable having regard to any representations so made to it. [Amendments] [Amendment] References to s. 114 of Canada Corporations Act Wherever in any Act of Parliament a reference is made to section 114 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, in respect of a company or corporation, sections 229 to 234, 236 to 240 and 242 of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of that company or corporation. Interpretation In construing the sections of the Canada Business Corporations Act made applicable to a company or corporation under this section, in the case of a company, or corporation, incorporated without share capital, security holder, or registered holder or beneficial owner in relation to a security, means a member of the company or corporation. Powers of Directors A Director or Deputy Director appointed under section 260 of the Canada Business Corporations Act may, for the purpose of giving effect to this section with respect to the application of sections 229 to 234, 236 to 240 and 242 of that Act, exercise the powers and perform the functions and duties of the Director under those sections. [Repealed, SI/91-111] Old law applicable For the purposes of any inquiry or other matter or proceeding referred to in subsection (1), the Combines Investigation Act and any other Act of Parliament amended by this Act shall be read as if this Act had not come into force. Members of the Commission may be appointed to Tribunal While the members continue in office in accordance with this section, they may, if so appointed, hold office as members of the Competition Tribunal, but any person who, pursuant to this subsection, holds more than one office is entitled to be remunerated only in respect of one of those offices. Termination The Governor in Council may, by proclamation, repeal subsection (1) when the Governor in Council is satisfied that the Commission no longer has any inquiry or other matter or proceeding referred to in subsection (1) before it and that the Commission has reported to the Minister of Consumer and Corporate Affairs in respect of all inquiries before it. Orders of the Commission For the purposes of the Competition Act, as amended by this Act, an order of the Restrictive Trade Practices Commission under Part V, as it read immediately prior to the coming into force of section 29 of this Act, or pursuant to subsection 60(1) shall be deemed to be an order of the Competition Tribunal under the Competition Act. Coming into force This Act or any provision thereof, or any provision of the Combines Investigation Act as amended or enacted by this Act, shall come into force on a day or days to be fixed by proclamation. [Note: Act, except sections 108 to 123, as enacted by section 45, in force June 19, 1986, see SI/86-109; sections 108 to 123, as enacted by section 45, in force July 15, 1987, see SI/87-139.] Subsection 8.1(3) of the Competition Tribunal Act Subsection 8.1(3) of the Competition Tribunal Act, as that subsection read before the day on which section 266 comes into force, continues to apply after that day in respect of any proceeding referred to in subsection 8.1(1) of that Act that commenced before that day.