- (a) to fix, maintain, increase or control the price for the supply of the product;
- (b) to allocate sales, territories, customers or markets for the production or supply of the product; or
- (c) to fix, maintain, control, prevent, lessen or eliminate the production or supply of the product.
- (a) to fix, maintain, decrease or control salaries, wages or terms and conditions of employment; or
- (b) to not solicit or hire each other’s employees.
- (a) that person establishes, on a balance of probabilities, that
- (i) it is ancillary to a broader or separate agreement or arrangement that includes the same parties, and
- (ii) it is directly related to, and reasonably necessary for giving effect to, the objective of that broader or separate agreement or arrangement; and
- (a) has resulted in or is likely to result in a reduction or limitation of the real value of exports of a product;
- (b) has restricted or is likely to restrict any person from entering into or expanding the business of exporting products from Canada; or
- (c) is in respect only of the supply of services that facilitate the export of products from Canada.
- (a) is entered into only by parties each of which is, in respect of every one of the others, an affiliate;
- (b) is between federal financial institutions and is described in subsection 49(1); or
- (c) is an , as defined in section 53.7 of the Canada Transportation Act , that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked, if the conspiracy, agreement or arrangement is directly related to, and reasonably necessary for giving effect to, the objective of the arrangement.
- R.S., 1985, c. C-34, s. 45
- R.S., 1985, c. 19 (2nd Supp.), s. 30
- 1991, c. 45, s. 547, c. 46, s. 590, c. 47, s. 714
- 2009, c. 2, s. 410
- 2018, c. 8, s. 110
- 2018, c. 10, s. 85
- 2022, c. 10, s. 257
Marginal note: Application made under section 76, 79, 90.1 or 92
45.1 No proceedings may be commenced under subsection 45(1) or (1.1) against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which an order against that person is sought by the Commissioner under section 76, 79, 90.1 or 92.
- R.S., 1985, c. 19 (2nd Supp.), s. 31
- 2009, c. 2, s. 410
- 2024, c. 15, s. 232
Marginal note: Foreign directives
- 46 (1) Any corporation, wherever incorporated, that carries on business in Canada and that implements, in whole or in part in Canada, a directive, instruction, intimation of policy or other communication to the corporation or any person from a person in a country other than Canada who is in a position to direct or influence the policies of the corporation, which communication is for the purpose of giving effect to a conspiracy, combination, agreement or arrangement entered into outside Canada that, if entered into in Canada, would have been in contravention of section 45, is, whether or not any director or officer of the corporation in Canada has knowledge of the conspiracy, combination, agreement or arrangement, guilty of an indictable offence and liable on conviction to a fine in the discretion of the court.
- Marginal note: Limitation (2) No proceedings may be commenced under this section against a particular company where an application has been made by the Commissioner under section 83 for an order against that company or any other person based on the same or substantially the same facts as would be alleged in proceedings under this section.
- R.S., 1985, c. C-34, s. 46
- R.S., 1985, c. 19 (2nd Supp.), s. 32
- 1999, c. 2, s. 37
Marginal note: Definition of
- 47 (1) In this section, means
- (a) an agreement or arrangement between or among two or more persons whereby one or more of those persons agrees or undertakes not to submit a bid or tender in response to a call or request for bids or tenders, or agrees or undertakes to withdraw a bid or tender submitted in response to such a call or request, or
- (b) the submission, in response to a call or request for bids or tenders, of bids or tenders that are arrived at by agreement or arrangement between or among two or more bidders or tenderers,
where the agreement or arrangement is not made known to the person calling for or requesting the bids or tenders at or before the time when any bid or tender is submitted or withdrawn, as the case may be, by any person who is a party to the agreement or arrangement.
- (a) an agreement or arrangement that is entered into or a submission that is arrived at only by parties each of which is, in respect of every one of the others, an affiliate; or
- (b) an agreement or arrangement that is an , as defined in section 53.7 of the Canada Transportation Act , or a submission that is arrived at under that arrangement, that has been authorized by the Minister of Transport under subsection 53.73(8) of that Act and for which the authorization has not been revoked, if the agreement, arrangement or submission is directly related to, and reasonably necessary for giving effect to, the objective of the arrangement.
- R.S., 1985, c. C-34, s. 47
- R.S., 1985, c. 19 (2nd Supp.), s. 33
- 2009, c. 2, s. 411
- 2018, c. 8, s. 111
- 2018, c. 10, s. 86
- 2018, c. 10, s. 97
Marginal note: Conspiracy relating to professional sport
- 48 (1) Every one who conspires, combines, agrees or arranges with another person
- (a) to limit unreasonably the opportunities for any other person to participate, as a player or competitor, in professional sport or to impose unreasonable terms or conditions on those persons who so participate, or
- (b) to limit unreasonably the opportunity for any other person to negotiate with and, if agreement is reached, to play for the team or club of his choice in a professional league
is guilty of an indictable offence and liable on conviction to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both.
- (a) whether the sport in relation to which the contravention is alleged is organized on an international basis and, if so, whether any limitations, terms or conditions alleged should, for that reason, be accepted in Canada; and
- (b) the desirability of maintaining a reasonable balance among the teams or clubs participating in the same league.
- 1974-75-76, c. 76, s. 15
Marginal note: Agreements or arrangements of federal financial institutions
- 49 (1) Subject to subsection (2), every federal financial institution that makes an agreement or arrangement with another federal financial institution with respect to
- (a) the rate of interest on a deposit,
- (b) the rate of interest or the charges on a loan,
- (c) the amount or kind of any charge for a service provided to a customer,
- (d) the amount or kind of a loan to a customer,
- (e) the kind of service to be provided to a customer, or
- (f) the person or classes of persons to whom a loan or other service will be made or provided or from whom a loan or other service will be withheld,
and every director, officer or employee of the federal financial institution who knowingly makes such an agreement or arrangement on behalf of the federal financial institution is guilty of an indictable offence and liable to a fine not exceeding ten million dollars or to imprisonment for a term not exceeding five years or to both.
- (a) with respect to a deposit or loan made or payable outside Canada;
- (b) applicable only in respect of the dealings of or the services rendered between federal financial institutions or by two or more federal financial institutions as regards a customer of each of those federal financial institutions where the customer has knowledge of the agreement or by a federal financial institution as regards a customer thereof, on behalf of that customer’s customers;
- (c) with respect to a bid for or purchase, sale or underwriting of securities by federal financial institutions or a group including federal financial institutions;
- (d) with respect to the exchange of statistics and credit information, the development and utilization of systems, forms, methods, procedures and standards, the utilization of common facilities and joint research and development in connection therewith, and the restriction of advertising;
- (e) with respect to reasonable terms and conditions of participation in guaranteed or insured loan programs authorized pursuant to an Act of Parliament or of the legislature of a province;
- (f) with respect to the amount of any charge for a service or with respect to the kind of service provided to a customer outside Canada, payable or performed outside Canada, or payable or performed in Canada on behalf of a person who is outside Canada;
- (g) with respect to the persons or classes of persons to whom a loan or other service will be made or provided outside Canada;
- (h) in respect of which the Minister of Finance has certified to the Commissioner that Minister’s request for or approval of the agreement or arrangement for the purposes of financial policy and has certified the names of the parties to the agreement or arrangement; or
- (i) that is entered into only by financial institutions each of which is an affiliate of each of the others.
- R.S., 1985, c. C-34, s. 49
- R.S., 1985, c. 19 (2nd Supp.), s. 34
- 1991, c. 45, s. 548, c. 46, ss. 591, 593, c. 47, s. 715
- 1993, c. 34, s. 51
- 1999, c. 2, s. 37, c. 28, s. 153, c. 31, s. 49(F)
- 2009, c. 2, s. 412
50 [Repealed, 2009, c. 2, s. 413]
51 [Repealed, 2009, c. 2, s. 413]
Marginal note: False or misleading representations
- 52 (1) No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect.
- Marginal note: Proof of certain matters not required (1.1) For greater certainty, in establishing that subsection (1) was contravened, it is not necessary to prove that
- (a) any person was deceived or misled;
- (b) any member of the public to whom the representation was made was within Canada; or
- (c) the representation was made in a place to which the public had access.
- (a) expressed on an article offered or displayed for sale or its wrapper or container,
- (b) expressed on anything attached to, inserted in or accompanying an article offered or displayed for sale, its wrapper or container, or anything on which the article is mounted for display or sale,
- (c) expressed on an in-store or other point-of-purchase display,
- (d) made in the course of in-store or door-to-door selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or
- (e) contained in or on anything that is sold, sent, delivered, transmitted or made available in any other manner to a member of the public,
is deemed to be made to the public by and only by the person who causes the representation to be so expressed, made or contained, subject to subsection (2.1).
- (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or
- (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.
- R.S., 1985, c. C-34, s. 52
- 1999, c. 2, s. 12
- 2009, c. 2, s. 414
- 2010, c. 23, s. 74
- 2014, c. 31, s. 33
- 2022, c. 10, s. 258
- 2024, c. 15, s. 233
- 2024, c. 15, s. 233.1
