The Act contains civil and criminal provisions. It is a criminal offence to engage in the following activities:
An investigation of these activities by the Commissioner of Competition may result in the case being referred to the Attorney General for possible criminal prosecution. If found guilty, a company may be fined an amount ranging from a few thousand dollars to more than a million dollars, depending on the nature and severity of the offence. Individuals may also receive a jail sentence. Investigations may be resolved through alternative case resolution techniques.
Individuals and businesses that have suffered losses or damages may sue those who have violated the criminal provisions of the Act or have failed to comply with an order of the Competition Tribunal or a court. There is a two-year limitation period for filing a private action under the Act.
The following are matters that may be subject to an application by the Commissioner to the Competition Tribunal under the legislation:
Complaints about alleged criminal offences or reviewable matters may be made in writing, by telephone, by fax, by e-mail and through the Web. A large number of complaints from consumers and the business community are received each year, although not all complaints will be investigated.
The Competition Bureau provides advice about the status of proposed business activities under the Act. A number of publications that explain specific provisions of the Act are also available. The Bureau now has information and a number of documents on-line.
DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.
New Brunswick Contact(s):
See National Contact.