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

Act current to 2017-12-11 and last amended on 2017-09-21. Previous Versions

 [Repealed, 2009, c. 2, s. 413]

 [Repealed, 2009, c. 2, s. 413]

Marginal note:False or misleading representations
  •  (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.

  • Marginal note:Permitted representations

    (1.2) For greater certainty, in this section and in sections 52.01, 52.1, 74.01, 74.011 and 74.02, the making or sending of a representation includes permitting a representation to be made or sent.

  • Marginal note:Representations accompanying products

    (2) For the purposes of this section, a representation that is

    • (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).

  • Marginal note:Representations from outside Canada

    (2.1) Where a person referred to in subsection (2) is outside Canada, a representation described in paragraph (2)(a), (b), (c) or (e) is, for the purposes of subsection (1), deemed to be made to the public by the person who imports into Canada the article, thing or display referred to in that paragraph.

  • Marginal note:Deemed representation to public

    (3) Subject to subsection (2), a person who, for the purpose of promoting, directly or indirectly, the supply or use of a product or any business interest, supplies to a wholesaler, retailer or other distributor of a product any material or thing that contains a representation of a nature referred to in subsection (1) is deemed to have made that representation to the public.

  • Marginal note:General impression to be considered

    (4) In a prosecution for a contravention of this section, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the representation is false or misleading in a material respect.

  • Marginal note:Offence and punishment

    (5) Any person who contravenes subsection (1) is guilty of an offence and liable

    • (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.

  • Marginal note:Reviewable conduct

    (6) Nothing in Part VII.1 shall be read as excluding the application of this section to a representation that constitutes reviewable conduct within the meaning of that Part.

  • Marginal note:Duplication of proceedings

    (7) No proceedings may be commenced under this section against a person against whom an order is sought under Part VII.1 on the basis of the same or substantially the same facts as would be alleged in proceedings under this section.

  • 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.
Marginal note:False or misleading representation — sender or subject matter information
  •  (1) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent a false or misleading representation in the sender information or subject matter information of an electronic message.

  • Marginal note:False or misleading representation — electronic message

    (2) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent in an electronic message a representation that is false or misleading in a material respect.

  • Marginal note:False or misleading representation — locator

    (3) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly make or cause to be made a false or misleading representation in a locator.

  • Marginal note:Proof of deception not required

    (4) For greater certainty, in establishing that any of subsections (1) to (3) was contravened, it is not necessary to prove that any person was deceived or misled.

  • Marginal note:General impression to be considered

    (5) In a prosecution for a contravention of any of subsections (1) to (3), the general impression conveyed by a representation as well as its literal meaning are to be taken into account.

  • Marginal note:Offence and punishment

    (6) Any person who contravenes any of subsections (1) to (3) is guilty of an offence and

    • (a) liable 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) liable on summary conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Reviewable conduct

    (7) Nothing in Part VII.1 is to be read as excluding the application of this section to the making of a representation that constitutes reviewable conduct within the meaning of that Part.

  • Marginal note:Where application made under Part VII.1

    (8) No proceedings may be commenced under this section 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 under Part VII.1.

  • Marginal note:Interpretation

    (9) For the purposes of this section,

    • (a) an electronic message is considered to have been sent once its transmission has been initiated; and

    • (b) it is immaterial whether the electronic address to which an electronic message is sent exists or whether an electronic message reaches its intended destination.

  • 2010, c. 23, s. 75.
Marginal note:Assisting foreign states
  •  (1) The Commissioner may, for the purpose of assisting an investigation or proceeding in respect of the laws of a foreign state, an international organization of states or an international organization established by the governments of states that address conduct that is substantially similar to conduct prohibited under section 52, 52.01, 52.1, 53, 55 or 55.1,

    • (a) conduct any investigation that the Commissioner considers necessary to collect relevant information, using any powers that the Commissioner may use under this Act or the Criminal Code to investigate an offence under any of those sections; and

    • (b) disclose the information to the government of the foreign state or to the international organization, or to any institution of any such government or organization responsible for conducting investigations or initiating proceedings in respect of the laws in respect of which the assistance is being provided, if the government, organization or institution declares in writing that

      • (i) the use of the information will be restricted to purposes relevant to the investigation or proceeding, and

      • (ii) the information will be treated in a confidential manner and, except for the purposes mentioned in subparagraph (i), will not be further disclosed without the Commissioner’s express consent.

  • Marginal note:Mutual assistance

    (2) In deciding whether to provide assistance under subsection (1), the Commissioner shall consider whether the government, organization or institution agrees to provide assistance for investigations or proceedings in respect of any of the sections mentioned in subsection (1).

  • 2010, c. 23, s. 75.
 
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