Competition Act (R.S.C., 1985, c. C-34)

Marginal note:Rescission or variation of certificate

124.7 The Tribunal may rescind or vary a certificate issued under subsection 124.3(1) if, on application by the Commissioner, the parties to the agreement or arrangement that is the subject of the certificate or a person directly and substantially affected in the whole or part of their business by the agreement or arrangement, the Tribunal finds that

• (a) the parties have terminated the agreement or arrangement without giving notice of the termination in accordance with subsection 124.6(1);

• (b) the parties have agreed, with the Commissioner’s consent, to vary the agreement or arrangement;

• (c) the agreement or arrangement is not being implemented in accordance with the description of it in the certificate;

• (d) the parties have failed to comply with the terms specified in the certificate; or

• (e) the agreement or arrangement prevents or lessens, or is likely to prevent or lessen, competition substantially in a market.

Representations to Boards, Commissions or Other Tribunals

Marginal note:Representations to federal boards, etc.

• 125 (1) The Commissioner, at the request of any federal board, commission or other tribunal or on his own initiative, may, and on direction from the Minister shall, make representations to and call evidence before the board, commission or other tribunal in respect of competition, whenever such representations are, or evidence is, relevant to a matter before the board, commission or other tribunal, and to the factors that the board, commission or other tribunal is entitled to take into consideration in determining the matter.

• Marginal note:Definition of federal board, commission or other tribunal

  (2) For the purposes of this section, federal board, commission or other tribunal means any board, commission, tribunal or person that carries on regulatory activities and is expressly charged by or pursuant to an enactment of Parliament with the responsibility of making decisions or recommendations related directly or indirectly to the production, supply, acquisition or distribution of a product.

Marginal note:Representations to provincial boards, etc.

• 126 (1) The Commissioner, at the request of any provincial board, commission or other tribunal, or on his own initiative with the consent of the board, commission or other tribunal, may make representations to and call evidence before the board, commission or other tribunal in respect of competition, whenever such representations are, or evidence is, relevant to a matter before the board, commission or other tribunal, and to the factors that the board, commission or other tribunal is entitled to take into consideration in determining the matter.

• Marginal note:Definition of provincial board, commission or other tribunal

  (2) For the purposes of this section, provincial board, commission or other tribunal means any board, commission, tribunal or person that carries on regulatory activities and is expressly charged by or pursuant to an enactment of the legislature of a province with the responsibility of making decisions or recommendations related directly or indirectly to the production, supply, acquisition or distribution of a product.

Report to Parliament

Marginal note:Annual report

127 The Commissioner shall report annually to the Minister on the operation of the Acts referred to in subsection 7(1), and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days after the Minister receives the report on which that House is sitting.

Regulations

Marginal note:Regulations

• 128 (1) The Governor in Council may make such regulations as are necessary for carrying out this Act and for the efficient administration thereof.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

• Marginal note:Exception

  (3) No proposed regulation need be published under subsection (2) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection.