Frequently Asked Questions
- 01 - What rules govern the proceedings before the Tribunal?
- 02 - What is the difference between Competition Tribunal and Competition Bureau?
- 03 - How can I obtain copies of Competition Tribunal documents?
- 04 - Where can I find or get a copy of a document that is not on the web site?
- 05 - How can I get transcripts of hearings?
- 06 - Who can file an application with the Tribunal?
- 07 - How do I file an application?
- 08 - Where can I find information on the status of cases?
- 09 - Can I attend a hearing before the Tribunal?
- 10 - Where are the hearings held?
- 11 - How many members are assigned to hear a case?
- 12 - How long does it take for a decision to be rendered?
- 13 - If I am not satisfied with the Tribunal's decision, what are my options?
- 14 - What is the Tribunal's policy on official languages?
- 15 - Can I obtain a bilingual or translated version of a Tribunal decision?
- 16 - What is E-Filing?
01 - What rules govern the proceedings before the Tribunal?
The governing rules are the Competition Tribunal Rules, SOR/2008-141.
02 - What is the difference between the Tribunal and the Competition Bureau?
The Competition Bureau, headed by the Commissioner of Competition, is responsible for the administration and enforcement of the Competition Act, R.S.C. 1985, c. C-34, and other acts. The Bureau investigates complaints and decides whether to proceed with the filing of an application under the Competition Act to the Tribunal.
The Competition Tribunal is a strictly adjudicative body with no function other than that associated with the hearing of applications made to it pursuant to the Competition Act and the issuance of orders.
03 - How can I obtain copies of Competition Tribunal documents?
Most relevant documents pertaining to a case, from the application to the final order and/or reasons, can be found on the web site in the section; The Cases.
04 - Where can I find or get a copy of a document that is not on the web site?
A document might not be on the web site because it is confidential and not accessible to the public. If you would like a paper copy of a document, you may contact the Registry at (613) 957-3172.
05 - How can I get transcripts of hearings?
All public transcripts may be accessed through the following transcript services companies: StenoTran (telephone: 613 521-0703) for hearings from 2014 to the present, ASAP Reporting (telephone 1-888-661-2727 or 613-564-2727) for hearings from 2010 to 2013, International Reporting (telephone: 613 748-6043) for hearings from 2004 to 2009, or StenoTran (telephone: 613 521-0703) for hearings prior to 2004.
Private parties must first obtain leave from the Tribunal before they can file an application. Such an application is only possible in certain circumstances. Private parties can file an application for leave to make an application under section 75 (refusal to deal), section 76 (price maintenance) or section 77 (exclusive dealing, tied selling and market restriction).
07 - How do I file an application?
A private party can file an application for leave pursuant to section 103.1 of the Competition Act. The process for filing a private party application is set out in Rule 115 of the Competition Tribunal Rules.
The process for filing an application by the Commissioner is set out in Rule 36 of the Competition Tribunal Rules.
08 - Where can I find information on the status of cases?
All information regarding ongoing cases can be found on the web site under the section; The Cases. All information is current to the date of the action.
09 - Can I attend a hearing before the Tribunal?
All hearings are open to the public; however, on occasion, due to the sensitive or confidential nature of the testimony, the hearing may go in camera, which means that for a certain period of time members of the public are excluded.
11 - How many members are assigned to hear a case?
Most cases, or cases under Part VIII of the Competition Act (matters reviewable by the Tribunal), are heard by a panel of three members. This panel must include one judicial member. The rest of the panel is usually made up of two lay members.
Cases heard under Part VII.1 of the Competition Act (deceptive marketing practices) are heard by a judicial member, who sits alone.
12 - How long does it take for a decision to be rendered?
This varies on a case-by-case basis depending on the complexity of the case and the material presented during the case. The Tribunal strives to issue its decisions in a timely manner.
13 - If I am not satisfied with the Tribunal's decision, what are my options?
An appeal of any decision of the Tribunal may be filed with the Federal Court of Appeal as per section 13 of the Competition Tribunal Act, R.S.C. 1985 c. 19 (2nd Supp.).
14 - What is the Tribunal's policy on official languages?
The Tribunal is completely bilingual and cases may be heard in either official language at the applicant's request. See subparagraph 36(2)(f) and subrule 115(2) of the Competition Tribunal Rules.
15 - Can I obtain a translated version of a Tribunal decision?
Once a final decision in a case has been rendered and issued by the Tribunal, it is sent for translation. The translated version will appear on the web site as soon as possible after the decision has been made.
16 - What is E-Filing?
E-Filing is a secure application used exclusively by parties to a proceeding to electronically submit and retrieve confidential and public documents related to Competition Tribunal cases.
Please visit the E-Filing section of our web site; E-Filing FAQs for more Frequently Asked Questions (FAQs) on E-Filing.