Bill
C-433
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Competition Act
Criminal Code
Inquiries Act
Coordinating Amendments
First Session, Forty-second Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-433
An Act to amend the Competition Act, the Criminal Code and the Inquiries Act
FIRST READING, February 27, 2019
Mr. Picard
421579
SUMMARY
This enactment amends the Competition Act to replace the maximum fine that may be imposed for an offence in relation to competition with a discretionary fine.
It also amends the Criminal Code to extend the meaning of the term “official” for certain purposes and to permit the disclosure of income tax information for certain offences.
Finally, it amends the Inquiries Act to increase the maximum fine that may be imposed for failure to appear before a commissioner.
Available on the House of Commons website at the following address:
www.ourcommons.ca
1st Session, 42nd Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-433
An Act to amend the Competition Act, the Criminal Code and the Inquiries Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-34
Competition Act
1 Subsection 45(2) of the Competition Act is replaced by the following:
Penalty
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable on conviction to imprisonment for a term not exceeding 14 years or to a fine in the discretion of the court, or to both.
R.S., c. C-46
Criminal Code
2 Section 122 of the Criminal Code is renumbered as subsection 122(1) and is amended by adding the following:
Extended meaning of official
(2) For the purposes of subsection (1), official includes any person who has entered into a contract or arrangement with a government in Canada to perform any function of government on behalf of that government, including an employee of the person.
3 Subsection 462.48(1.1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end paragraph (d) and by adding the following after paragraph (d):
(e) an offence against section 380, 382, 382.1, 383 or 397.
R.S., c. I-11
Inquiries Act
4 Subsection 10(1) of the Inquiries Act is replaced by the following:
Witnesses failing to attend, etc.
10 (1) Every person is liable to a fine not exceeding $25,000, on summary conviction before any provincial court judge, or judge of a superior or county court, having jurisdiction in the county or district in which that person resides, or in which the place is situated at which the person was required to attend, if that person
(a) being required to attend in the manner provided in this Part, fails, without valid excuse, to attend accordingly;
(b) being commanded to produce any document, book or paper, in their possession or under their control, fails to produce the same;
(c) refuses to be sworn or to affirm; or
(d) refuses to answer any proper question put to them by a commissioner, or other officer or person referred to in section 9.
Coordinating Amendments
Bill C-75
5 (1) Subsections (2) and (3) apply if Bill C-75, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) If section 2 of this Act comes into force before section 35 of the other Act, then section 122 of the Criminal Code is renumbered as subsection 122(1) and is amended by adding the following:
Extended meaning of official
(2) For the purposes of subsection (1), official includes any person who has entered into a contract or arrangement with a government in Canada to perform any function of government on behalf of that government, including an employee of the person.
(3) If section 35 of the other Act comes into force on the same day as section 2 of this Act, then that section 35 is deemed to have come into force before that section 2.
Published under authority of the Speaker of the House of Commons
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