Revised Section 45 and Related Revisions

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45. (1) Every one who agrees with another person to

(a) fix, establish, control or maintain the minimum price at which they supply or offer to supply a product;

(b) allocate any markets, territories, customers or sales for the supply of a product; or

(c) prevent, eliminate, lessen or otherwise limit the production or supply of a product;

where the parties to the agreement are competitors or potential competitors to each other in the production or supply of the product, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten million dollars or to both.

(2) Subsection (1) does not apply

(a) to an agreement that is made only among corporations, partnerships and sole proprietorships, each of which is affiliated with every one of the others; or

(b) where it can be established, on a balance of probabilities, that the agreement both is part of a broader arrangement between the parties that brings about or is likely to bring about gains in efficiency, and is reasonably necessary to bring about such gains in efficiency.

(3) Where an agreement in writing is registered with the Commissioner, subsection (1) does not apply to the agreement in respect of the period following registration. An agreement is registered with the Commissioner by filing with the Commissioner a copy of the agreement together with (a) a list of the names and addresses of the parties to the agreement, and their affiliates that are intended to benefit from the agreement as it pertains to Canada and (b) a description of the purpose of the agreement as it pertains to Canada.

(4) No proceedings may be commenced under subsection (1) against a person against whom

an order is sought under section 79, 79.1 or 92 on the basis of the same or substantially the same facts as would be alleged in proceedings under that subsection.

79.1 (1) Where, on application by the Commissioner, the Tribunal finds that an agreement or proposed agreement among persons who are competitors or potential competitors prevents or lessens, or is likely to prevent or lessen, competition substantially in a market, the Tribunal may make an order directed against any person,

(a) prohibiting the person from implementing or carrying out the agreement or part thereof;

(b) in addition to or in lieu of making an order under paragraph (a), with the consent of the person against whom the order is directed and the Commissioner, to take any other action.

(2) No application may be made under this section in respect of an agreement that is made only among corporations, partnerships and sole proprietorships, each of which is affiliated with every one of the others.

(3) No application may be made under this section against a person

(a) against whom proceedings have been commenced under section 45, or

(b) against whom an order is sought under section 79 or 92

on the basis of the same or substantially the same facts as would be alleged in the proceedings under section 45, 79 or 92, as the case may be.

79.2 (1) The Tribunal shall not make an order under section 79.1 if it finds that the agreement in respect of which the application is made has brought about or is likely to bring about gains in efficiency that will be greater than, and will offset, the effects of any prevention or lessening of competition that will result or is likely to result from the agreement and that the gains in efficiency would not likely be attained if the order were made.

(2) For the purposes of this section, the Tribunal shall not find that an agreement has brought about or is likely to bring about gains in efficiency by reason only of a redistribution of income between two or more persons.

(Make consequential amendments to other sections of the Act., such as repealing sections 45.1, 49, 85 and 90, and amending other sections such as 33 and 46)