Misplaced Pages

#355644

35-669: Headed by the Commissioner of Competition , the agency is responsible for the administration and enforcement of the Competition Act , as well as the Consumer Packaging and Labelling Act (except as it relates to food), Textile Labelling Act , and the Precious Metals Marking Act . The Bureau falls within the scope of Innovation, Science and Economic Development Canada , and its minister . The Competition Bureau

70-675: A few criminal offences, new civil provisions for misleading advertising , improvements to the merger prenotification process, and clarification of the provisions for regular price claims. In 2002, several changes were made to the Competition Act and the Competition Tribunal Act . For instance, private parties were given the right to initiate proceedings before the Competition Tribunal in certain cases. The Tribunal could also hear references filed pursuant to section 124.2 of

105-504: A set of amendments to the Competition Act was introduced into Parliament, but died on the Order Paper . The bill was changed and reintroduced as Bill C-20 on 20 November 1997, and after being amended, received third reading in the House of Commons on 23 September 1998. The proposed amendments dealt with deceptive telemarketing , judicially-authorized interception of private communications for

140-534: A significant interest in all or part of a business. Since 2010, only two criminal-offence provisions exist in the Competition Act : conspiracy and bid-rigging, which are illegal per se (i.e., the effect that such conduct has on competition is irrelevant). The administration and enforcement of the Competition Act is done by the Competition Bureau , headed by the Commissioner of Competition. The Bureau

175-658: Is a Canadian regulatory consumer protection statute that governs the packaging, labelling, sale, importation, and advertising of prepackaged and certain other consumer products in Canada . The administration and enforcement of the Act and associated regulations are the responsibility of the Competition Bureau for matters relating to non‑food products, and the Canadian Food Inspection Agency (CFIA) as it relates to food products. The Act has seen many amendments since it

210-679: Is a criminal offence to engage in an illegal agreement (such as price fixing , market allocation , bid-rigging ), cartel , or conspiracy. Under the Act, it is also against the law to falsely or misleadingly advertise or market something. The Bureau's Cartels and Deceptive Marketing Practices Branch is responsible for fighting such practices. The branch's Cartels Directorate is in charge of detecting, investigating, and deterring significant cartels—including conspiracies, agreements, or arrangements among competitors and potential competitors to fix prices, rig bids, allocate markets, or restrict supply. The branch's Deceptive Marketing Practices Directorate

245-509: Is also responsible for the administration and enforcement of the Consumer Packaging and Labelling Act (for non-food products), the Textile Labelling Act , and the Precious Metals Marking Act . The Competition Tribunal is a specialized administrative body that has exclusive jurisdiction to hear certain competition matters. During the 1980 and 1990s, fines in conspiracy cases (sections 45–47) increased greatly. A record fine

280-400: Is headed by the Commissioner of Competition . The current Commissioner of Competition is Matthew Boswell, who was appointed on March 5, 2019, for a five-year term. Boswell previously served as Senior Deputy Commissioner of Competition before being appointed to his current position. Under the Competition Act , the Commissioner can launch inquiries, challenge civil and merger matters before

315-586: Is in charge of detecting, investigating, and deterring false or misleading representations and deceptive marketing practices identified under the Competition Act . The directorate also enforces related legislation, i.e. the Consumer Packaging and Labelling Act (except in relation to food), the Precious Metals Marking Act , and the Textile Labelling Act . One of the Bureau's responsibilities

350-472: Is likely to result in a substantial lessening or prevention of competition in the Canadian marketplace. The Monopolistic Practices Directorate, on the other hand, detects, investigates, and deters business practices that "have a negative impact on competition, such as abuse of dominance, as well as certain types of anti‑competitive agreements or arrangements between competitors." Under the Competition Act , it

385-694: Is the International Affairs Directorate, which establishes working relationships with foreign competition law agencies and tribunals. The branch is divided into several subdivisions. The Digital Enforcement and Intelligence Branch provides "expertise on digital business practices and technologies," as well as "intelligence expertise for all directorates at the Competition Bureau." The branch oversees "Competition through Analytics, Research and Intelligence", or "CANARI". The branch's Intelligence Directorate "provides intelligence expertise to

SECTION 10

#1732854614356

420-502: Is to help foster a " competitive and innovative " marketplace. This role falls under the Competition Promotion Branch, which is headed by a Deputy Commissioner, tasked with "encouraging the adoption of pro-competition positions, policies, and behaviours by businesses, consumers, regulators, government and international partners." The branch also leads the Bureau's planning and reporting processes. Also within this branch

455-657: The Textile Labelling Act , and precious metals fall under the Precious Metals Marking Act . There are certain classes of items that are exempt from the CPLA, such as commercial-, industrial-, or institutional-use only products, among others. The following products are exempt from all requirements of the CPLA: The requirements under sections 4, 5, 6, and 10 of the CPLA (which deal specifically with requirements regarding labels, advertising, packaging, and net quantity information) do not apply to any prepackaged products that fall under

490-528: The Combines Investigation Act . In 1985, the conservative government of Brian Mulroney replaced the Combines Investigation Act, 1923 , with the Competition Act , which came into effect on June 19, 1986. The provisions in this Act regarding civil mergers, which deal with both horizontal and vertical mergers, replaced the ineffectual Criminal Code provisions under which only a handful of cases were brought between 1910 and 1976. In April 1996,

525-609: The Competition Act and award costs of proceedings before it. Significant amendments to the Act in March 2009 and March 2010 led to several criminal offences being repealed and/or converted into reviewable practices. As a result, only two criminal-offence provisions exist in the Competition Act: conspiracy and bid-rigging , which are illegal per se . The Act was again amended on June 23, 2022, as part of Canada's Budget Implementation Act, 2022 (Bill C-19). On November 17, 2022, with

560-755: The Competition Tribunal , make recommendations on criminal matters to the Public Prosecution Service of Canada , and intervene as a competition advocate before federal and provincial bodies. As head of the Competition Bureau, the Commissioner leads the Bureau's participation in international forums such as the Organisation for Economic Co-operation and Development (OECD) and the International Competition Network (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace. Most branches of

595-528: The Competition Tribunal . The Competition Bureau has the authority to review any corporate merger in Canada. This role falls under the Bureau's Mergers and Monopolistic Practices Branch, headed by a Senior Deputy Commissioner. The Mergers and Monopolistic Practices Branch reviews proposed merger transactions and investigates practices that could negatively impact competition. The branch's Mergers Directorate reviews proposed mergers in order to determine whether it

630-562: The marketplace . Along with the Competition Tribunal Act , the Competition Act forms the statutory basis of current federal competition policy in Canada. The Act is enforced and administered by the Competition Bureau , and cases are adjudicated by the Competition Tribunal . The first legislation in Canada dealing with competition was the Anti-Combines Act , introduced in May 1889 as

665-544: The marketplace . The Act applies to all economic activities (both goods and services ) except those specifically exempted—e.g., collective bargaining , amateur sports , securities underwriting , or activities subject to other legislation (such as industries where price or output, or both, are regulated by federal or provincial governments). The Competition Act defines a " merger " as the acquisition or establishment—whether by purchase or lease of shares or assets, or by amalgamation, combination or otherwise—of control over or

700-442: The Act and Regulations. Conviction of an offense under the Act may result in up to a year in prison and a $ 10,000 fine. The regulations govern the consistency, completeness, and accuracy of the labelling and packaging of consumer goods. These regulations create a uniform method for the labelling and packaging of consumer goods to assist consumers in making informed choices in the marketplace. The administration and enforcement of

735-404: The Act and associated regulations are the responsibility of the Competition Bureau for matters relating to non‑food products, and the Canadian Food Inspection Agency (CFIA) as it relates to food products. The CPLA broadly defines "product" to mean any article that is, or may be, the subject of trade or commerce, including both food and non-food items. Textiles , on the other hand, fall under

SECTION 20

#1732854614356

770-642: The Bureau are headed by a Senior Deputy Commissioner, with directorates that fall under a Deputy Commissioner. In addition to its main operations, the Competition Bureau also jointly manages the Canadian Anti-Fraud Centre (CAFC), in partnership with the Royal Canadian Mounted Police and the Ontario Provincial Police . Under the Competition Act , the Competition Bureau can also challenge civil and merger matters before

805-562: The Bureau. These services include support for the agency's financial, asset, information management, and human resource activities, as well as matters related to access to information , privacy, values and ethics, security, and procurement. This branch also handles legal-related services under: Competition Act The Competition Act ( French : Loi sur la concurrence ) is a Canadian federal law governing competition in Canada. The Act contains both criminal and civil provisions aimed at preventing anti-competitive practices in

840-616: The Bureau’s enforcement and promotion directorates, as well as expertise relating to behavioural economics and remedies." Also under this branch is the Digital Enforcement Directorate, which is provides "expertise on how companies use technology and data in the marketplace, and how the Bureau can use technology and data to enhance our enforcement and promotion work." The Bureau also has a Corporate Services Branch, headed by an Executive Director, which provides support services to

875-461: The CPLA as well as other legislation. The company and its owner were also charged with falsifying the country of origin on their products between September 2013 and July 2015, using labels that read "Product of Canada" for produce that was American in origin. The owner was charged with lying to a federal food inspector on 8 January 2015. The case was heard in the Ontario Court of Justice . Separately,

910-692: The CPLA, and the Canada Agricultural Products Act , and was fined $ 210,000. The individuals were let off in exchange for the guilty plea. The sentence included "intrusive" probation for a period of time under which the CFIA gains "unfettered" access to company records. The case began in February 2013 when the CFIA conducted a random inspection at the Ontario Food Terminal. Greenhouse peppers had been fraudulently mislabelled as Ontario produce at

945-589: The Criminal Code was to protect public interest in free competition . Canadian competition and anti-combines laws since 1889 would go through several different iterations, starting with the Combines Investigation Act, 1910 , which replaced the 1889 Anti-Combines Act , eventually leading to the Combines Investigation Act, 1923 and 1937 . The anti-trust provisions incorporated into the Criminal Code in 1891 would remain until 1960 with an amendment to

980-576: The case. The agreed statement of facts quoted an email of a Mucci worker, where he was told "to make it Canada even though it is Mexico." The company, which was located in Kingsville, Ontario , at the time, was also sentenced to probation for a three-year term. In November 2017, a tomato processing company in Maidstone, Ontario —which had received a controversial $ 3-million provincial grant—was convicted of fraudulently mislabelling products as organic under

1015-496: The company went bankrupt, owing more than a hundred creditors a total of over $ 25 million. On 12 March 2018, AMCO Produce, a greenhouse grower in Leamington, Ontario —along with its directors Fausto Amicone and Mark Wehby—answered to charges brought by the CFIA for origin-of-vegetable fraud in a Windsor court. The corporation pleaded guilty to three charges under the Food and Drugs Act ,

1050-671: The first antitrust statute in the industrial world , preceding the American Sherman Antitrust Act . The legislation prohibited conspiracies and agreements by businesses in restraint of trade. Two years later, anti-combines provisions were mostly incorporated into the Canadian Criminal Code . In 1912, the Supreme Court of Canada ruled in Weidman v Shragge that the purpose of the anti-combines provisions in

1085-482: The intention to modernize the Act, François-Philippe Champagne , Minister of Innovation, Science and Industry , commenced a review of the Competition Act . The Affordable Housing and Groceries Act (Bill C-56), tabled on 21 September 2023, proposes three Competition Act changes including removal of the "efficiencies defence" in merger cases. The Competition Act contains both criminal and civil provisions aimed at preventing anti-competitive practices in

Competition Bureau - Misplaced Pages Continue

1120-477: The labelling requirements of any of the following: The Consumer Packaging and Labelling Act was originally passed in 1970. It has undergone several major revisions throughout its time: on December 31, 2002, on November 29, 2011, and on February 26, 2015. In 2016, two executives of Mucci International Marketing Inc. and Mucci Pac Ltd. and their companies were levied fines by the Canadian Food Inspection Agency tribunal that totalled $ 1.5 million. Their offense

1155-643: Was fraudulently putting " Product of Canada " labels on large quantities of peppers, tomatoes , and cucumbers grown mainly in Mexico . The defendants supplied the mislabelled produce to Costco , Loblaws , and Sobeys . The fraudulent labelling was discovered in 2012 at the Ontario Food Terminal , and investigators later executed three search warrants in 2013 and 2014, which resulted in the seizure of more than 70 boxes of documents. A court in Windsor, Ontario , heard

1190-485: Was obtained on 27 May 1998 when US-based Archer Daniels Midland (ADM) pleaded guilty and paid $ 14 million in fines for a conspiracy involving lysine and $ 2 million for one involving citric acid . The fines amounted to 29.2% and 11.8% respectively of ADM's sales in Canada during the conspiracy. Consumer Packaging and Labeling Act The Consumer Packaging and Labelling Act ( CPLA ; French : Loi sur l’emballage et l’étiquetage des produits de consommation )

1225-680: Was originally passed in 1970. The Consumer Packaging and Labelling Act requires that prepackaged consumer products bear accurate and meaningful labelling information to help consumers make informed purchasing decisions. It prohibits the making of false or misleading representations and sets out specifications for mandatory label information such as the product's name, net quantity, and dealer identity. The Act allows designated inspectors to: enter any place at any reasonable time; examine prepackaged products, open packages, examine and make copies of documents or papers; and seize products, labelling, packaging or advertising material which do not conform with

#355644