Recent Competition Act amendments have broadened this access to cover deceptive marketing
The Competition Bureau has updated its information bulletin with its view on private access to the Competition Tribunal given recent Competition Act amendments.
Private access to the tribunal enables individuals and businesses to initiate applications for various orders, complementing the bureau’s enforcement work. For instance, businesses negatively affected by anti-competitive behavior may seek private access.
Under the changes implemented in June 2022, access was broadened to cover applications involving abuse of dominance (79). Additional amendments introduced in June 2024 expanded access further by including applications related to deceptive marketing (74.1).
Tribunal orders related to deceptive marketing practices provisions include the stopping of conduct, the payout of an administrative monetary penalty to the government, and the release of a corrective notice. In certain situations, the tribunal may order a refund to buyers of impacted products; nonetheless, this is restricted exclusively to conduct that sparks concerns under the false or misleading representations provision.
Orders can also be sought for the following:
The changes, which took effect on June 20, also relaxed the legal test that determines which applications can proceed, according to the Competition Bureau.
The updated bulletin outlines the circumstances under which the bureau will take actions that affect proceedings. The bulletin also confirmed that the tribunal will not hear private access applications if a formal investigation or inquiry is ongoing or if an inquiry has been discontinued due to a settlement.
Canadians have been invited to provide feedback by August 19 [email protected]. Submissions will be reproduced on the Competition Bureau’s website except if a request for confidentiality is made.
The Canadian government updated the Competition Act to modernize competition laws in Canada and to bolster the Competition Bureau's ability to protect and promote competition. Earlier this month, the Competition Bureau also published its final guidance in relation to the Act's greenwashing provisions.