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August 24, 2021

Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses a recent Competition Bureau (Bureau) submission to the Manitoba Securities Commission (MSC). The Update includes an overview of the Bureau’s advocacy powers under the Competition Act, R.S.C., c. C-34, summary of its submission to the MSC, and recent Bureau advocacy initiatives and implications.  Below is an excerpt with a link to the full Legal Update.

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On August 9, 2021, the Competition Bureau (Bureau) published a submission to the Manitoba Securities Commission (MSC) advocating for more competition and innovation in the Manitoba real estate market (see Letter to the Manitoba Securities Commission – Consultation on the Real Estate Services Act and Real Estate Services Regulation in Manitoba).

The Bureau’s submission was in response to a notice of public consultation for comments that the MSC had issued in relation to The Real Estate Services Act, which will update and replace The Real Estate Brokers Act, R.S.M. 1987, c. R20, C.C.S.M. c. R20, that regulates real estate brokers and property managers, and the Real Estate Services Regulation.

More specifically, the Bureau’s advocacy relates to the regulatory framework in Manitoba regarding the dissemination of certain real estate information, including sold information and other property sales histories, from real estate brokers and agents to clients or consumers.

The use of MLS system information, in particular by emerging and online real estate service models, was the core issue in the Bureau’s lengthy (and ultimately successful) challenge against the Toronto Real Estate Board under the abuse of dominance provisions of the Competition Act, R.S.C. 1985, c. C-34.

See: Practice Note, Abuse of Dominance (Sections 78 and 79 of the Competition Act), Legal Update, Commissioner of Competition Warns Toronto Real Estate Board to Comply with Competition Tribunal Order in Abuse of Dominance Case, Legal Update, Supreme Court of Canada Denies Leave in Landmark Real Estate Abuse of Dominance Case and Legal Update, Federal Court of Appeal Upholds Decision Requiring Toronto Real Estate Board to Make Data Available.

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