Archive for the 'Submissions' Category
August 17, 2025
On August 14, 2025, Canada’s federal Competition Bureau (Bureau) announced that it had issued new guidance for companies and others to develop competition law compliance programs (see: “Develop a compliance program for your business in 10 easy steps!”).
In general, the Bureau has published on its Compliance Bootcamp web page videos describing competition law compliance programs, its recommended ten steps to develop a credible and effective compliance program and recommendations to comply with many of the core criminal and civil provisions of the Competition Act including abuse of dominance (sections 78 and 79), bid-rigging (section 47), deceptive marketing (under Parts VI and VII.1), exclusive dealing / tied selling / market restriction (section 77), mergers (Parts VIII and IX), price-fixing (section 45), refusal to deal (section 75), price maintenance (section 76) and wage-fixing and no-poaching agreements (section 45(1.1)).
June 5, 2025
OVERVIEW OF JUNE 20, 2024
COMPETITION ACT AMENDMENTS
On June 20, 2024, Bill C-59 was passed (the Fall Economic Statement Implementation Act, 2023), which introduced the third of three significant rounds of amendments to Canada’s federal Competition Act in two years (together with Bill C-19 and Bill C-56). For more information, see: Competition Act Amendments.
The June 2024 round of amendments to the Competition Act completed a sweeping overhaul of the Competition Act across virtually all key provisions of Canada’s competition legislation. These amendments were also the most significant changes to Canadian competition law since the modern Competition Act came into effect in 1986 replacing the former Combines Investigation Act.
The Bill C-59 amendments, among other things, strengthened the Competition Bureau’s powers to enforce key deceptive marketing provisions of the Competition Act (e.g., relating to drip pricing, performance claims and ordinary selling price (OSP) claims), strengthened private party rights to seek Competition Tribunal remedies (e.g., for civil deceptive marketing and violations of the civil agreements provisions of the Act), introduced new penalties (e.g., administrative monetary penalties for violating the civil agreements provisions of the Act and for reprisal actions penalizing individuals for complying with the Act) and introduced a new clearance regime for environmental protection related agreements.
OVERVIEW OF THE NEW
ENVIRONMENT-RELATED PERFORMANCE CLAIMS
PROVISIONS UNDER THE COMPETITION ACT
In addition to the above amendments passed on June 20, 2024, two specific new environment-related performance claims provisions were added to Canada’s Competition Act relating to product-related environmental claims (section 74.01(1)(b.1)) and business-related environmental claims (section 74.01(1)(b.2)) (discussed in more detail below).
These two new environment-related performance claim provisions were added to the already existing general standalone civil provision of the Competition Act that prohibits product performance claims that are not based on an “adequate and proper test” (section 74.01(1)(b)). In this regard, the Competition Act prohibits representations made to the public, in the form of a statement, warranty or guarantee, of the performance, efficacy or length of life of a product that is not based on an adequate and proper test, the proof of which lies on the person making the claim.
For more information about performance claims under Canada’s Competition Act, see: Performance Claims.
July 1, 2024
OVERVIEW OF BILL C-59 AMENDMENTS
TO THE COMPETITION ACT
On June 20, 2024, Bill C-59 was passed, which introduced the third of three recent significant rounds of amendments to Canada’s federal Competition Act (together with amendments that were passed in June 2022 and December 2023).
December 16, 2023
On December 15, 2023, Bill C-56 (An Act to amend the Excise Tax Act and the Competition Act), which introduced the first of two significant new rounds of amendments to the federal Competition Act, largely came into force.
December 16, 2023
On December 15, 2023, significant amendments to Canada’s federal Competition Act were passed, including important changes to Canada’s abuse of dominance (federal monopoly) law. This post discusses the December 2023 amendments in general and the key changes to the abuse of dominance provisions of the Competition Act in particular under sections 78 and 79.
May 3, 2023
On May 2, 2023, Canada’s Globe and Mail published an opinion by Canada’s Commissioner of Competition (Commissioner), Matthew Boswell, arguing that key Canadian consumer markets are highly concentrated and urging for another new round of Competition Act reform.
In this regard, in general, the Commissioner argues that Canada has had a long history of concentration and monopolization in key sectors, including transportation, telecom and banking, and that legislative reform has for the most part resisted increasing competition.
April 21, 2023
On April 17, 2023, Canada’s Competition Bureau (Bureau) published its new Annual Plan (see: 2023-2024 Annual Plan: Driving Competition Forward For All Canadians).
April 17, 2023
On April 17, 2023 the Competition Bureau (Bureau) published a new edition of its Deceptive Marketing Practices Digest (Volume 6) (Marketing Digest).
The Bureau’s new Marketing Digest discusses three Canadian advertising/marketing law related topics: the use of scarcity cues (i.e., claims that an offering has limited availability), drip pricing and its recent presidency of the International Consumer Protection and Enforcement Network (ICPEN).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
