Streamline the Competition Tribunal Procedures

Backgrounder

June 21, 2002

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References

Reference if Parties Agree

New Reference provisions provide that where the Commissioner and a person who is the subject of an inquiry under section 10 of the Competition Act agree, they may refer any question of law, mixed law and fact, jurisdiction, practice or procedure to the Tribunal for determination. The question(s) being referred must be in relation to the application or interpretation of Parts VII.1 (reviewable deceptive marketing practices) or Part VIII (matters reviewable by the Tribunal). A question can be referred regardless of whether the Commissioner has filed an application before the Competition Tribunal.

Reference by the Commissioner

The Commissioner may be confronted with complex issues regarding the interpretation and application of the Competition Act. The Reference provisions allow the Commissioner to refer alone a question of law, jurisdiction, practice or procedure under Parts VII.1, VIII and IX (notifiable transactions) to the Competition Tribunal for determination.

Private Access to the Competition Tribunal - Reference if Parties and Tribunal Agree

Persons granted leave under section 103.1 (private access to the Competition Tribunal) and the person against whom an order is sought will be allowed, upon the Competition Tribunal's authorization, to jointly refer any question of law or mixed law and fact under Part VIII to the Competition Tribunal for determination.

Costs

The Competition Tribunal has the power to award costs in accordance with the Federal Court Rules in respect to reviewable matters under Parts VII.1 and VIII of the Competition Act.

Summary Dispositions

Authority to Hear and Determine in a Summary Way

The new legislation grants a judicial member of the Competition Tribunal the authority to hear and determine the application under Parts VII.1 or VIII before it, in a summary way. The Tribunal will be able to end a proceeding without the need for a full hearing. The judicial member will have the discretion to dismiss an application in whole or in part if the member finds that there is no genuine basis for it.