1. What regulations govern the proceedings before the Tribunal?

The governing regulations are the Competition Tribunal Rules, SOR/94-290, and the Practice Directions as issued by the Tribunal on August 30, 2002 and amended January 10, 2005.

2. What is the difference between the Competition Tribunal and the Competition Bureau?

The Competition Bureau, headed by the Commissioner of Competition, is responsible for the administration and enforcement of the Competition Act, R.S.C. 1985, c. C-31 (the “Act”), and other acts. The Bureau investigates complaints and decides whether to proceed with the filing of an application under the Act to the Tribunal.

The Competition Tribunal is a strictly adjudicative body with no function other than that associated with the hearing of applications made to it pursuant to the Act and the issuance of orders.

Part II - Case documents

3. How can I obtain copies of Competition Tribunal documents?

All relevant documents pertaining to a case, from the application to the final order and/or reasons, can be found on the web site in the Cases section.

4. Where can I find or get a copy of a document that is not on the web site?

A document might not be on the web site because it is confidential and not accessible to the public. If you would like a paper copy of a document, you may contact the Registry at (613) 957-3172.

5. How can I get transcripts of hearings?
 
All transcripts may be accessed through the following transcript services companies: International Reporting (telephone: (613) 748-6043) for hearings from 2004 to the present, or Stenotran (telephone: (613) 521-0703) for hearings prior to 2004.

Part III - Applications to the Tribunal

6. How do I file an application?

In most instances, applications to the Tribunal will be filed by the Commissioner of Competition. Under certain circumstances an application for leave to make an application to the Tribunal can be filed pursuant to section 103.1 of the Act with respect to section 75 (refusal to deal) and section 77 (exclusive dealing, tied selling and market restriction). The process for filing an application by the Commissioner is set out in section 3 of the Competition Tribunal Rules.

7. How do I file an application for leave?

Anyone may file an application for leave to make an application pursuant to section 103.1 of the Act under section 75 or 77. The process for filing an application for leave is set out in Part IV of the Practice Directions issued by the Tribunal in August 2002 and amended January 10, 2005.

8. Where can I find information on the status of cases?

All information regarding ongoing cases can be found on the web site under “Current Activities.” All information is current to the date of the action.

Part IV - Hearings

9. Can I attend a hearing before the Tribunal?
 
All hearings are open to the public; however, on occasion, due to the sensitive or confidential nature of the testimony, the hearing may go in camera, which means that for a certain period of time members of the public are excluded.

10. Where are the hearings held?

Most hearings are held in Ottawa, Ontario, but may be held elsewhere in Canada if necessary.

11. How many members are assigned to hear a case?

Most cases, or cases under Part VIII of the Act (matters reviewable by the Tribunal), are heard by a panel of three members. This panel must include one judicial member. The rest of the panel is usually made up of two lay members.

Cases heard under Part VII.1 of the Act (deceptive marketing practices) are heard by a judicial member, who sits alone.

Part V - Decisions

12. How long does it take for a decision to be rendered?

This varies on a case-by-case basis depending on the complexity of the case and the material presented during the case. The Tribunal strives to issue its decisions in a timely manner.

13. If I am not satisfied with the Tribunal's decision, what are my options?

An appeal of any decision of the Tribunal may be filed with the Federal Court of Appeals as per section 13 of the Competition Tribunal Act, R.S.C. 1985 c. 19 (2nd Supp.).

Part VI - Official languages

14. What is the Tribunal's policy on official languages?

The Tribunal is completely bilingual and cases may be heard in either official language at the applicant's request. See paragraph 3(2)(e) of the Competition Tribunal Rules and paragraph 105(2)(e) of the Practice Directions of August 2002 and amended January 10, 2005.

15. Can I obtain a bilingual or translated version of a Tribunal decision?

Once a final decision in a case has been rendered and issued by the Tribunal, it is sent for translation. The translated version will appear on the web site as soon as possible after the decision has been made.