FINA Committee Report

Clause 28

That Bill C-59, in Clause 28, be amended by adding after line 23 on page 133 the following:

“(2.03) Subsection (2.01) does not apply to a dividend received by an insurance corporation in a taxation year that is

(a) either

(i) received on a share (other than a share described in subparagraph (2.02)(a)(i)) held by the corporation in connection with an insurance contract entered into, issued or acquired in the ordinary course of an insurance business of the corporation, or

(ii) deemed to be received by the corporation as a result of a designation by a mutual fund trust under subsection 104(19) in respect of a unit of the trust that is held by the corporation in connection with an insurance contract entered into, issued or acquired in the ordinary course of an insurance business of the corporation; and

(b) identified in the corporation’s return of income under this Part for the year.”

New Clause 233.1

That Bill C-59 be amended by adding after line 30 on page 426 the following new clause:

“233.1 Subsection 52(1.3) of the Act is replaced by the following:

Drip pricing

(1.3) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsection (1) by or under an Act of Parliament or the legislature of a province.”

Clause 234

That Bill C-59, in Clause 234, be amended by replacing line 7 on page 427 with the following:

“sent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Par‐”

Clause 236

That Bill C-59, in Clause 236, be amended

(a) by replacing lines 14 and 15 on page 428 with the following:

“benefits for protecting or restoring the environment or mitigating the environmental, social and ecological causes or effects of climate”

(b) by adding after line 18 on page 428 the following:

“(b.2) makes a representation to the public with respect to the benefits of a business or business activity for protecting or restoring the environment or mitigating the environmental and ecological causes or effects of climate change that is not based on adequate and proper substantiation in accordance with internationally recognized methodology, the proof of which lies on the person making the representation; or”

That Bill C-59, in Clause 236, be amended by adding after line 18 on page 428 the following:

“(1.1) Subsection 74.01(1.1) of the Act is replaced by the following:

Drip pricing

(1.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsection (1) by or under an Act of Parliament or the legislature of a province.”

That Bill C-59, in Clause 236, be amended

(a) by replacing lines 19 and 20 on page 428 with the following:

“(2) Subsection 74.01(3) of the Act is”

(b) by replacing lines 29 and 30 on page 428 with the following:

“tion unless that person, having regard to the nature of the product and the relevant geographic market, establishes that

(a) they have sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation, as the case may be; or

(b) they have offered the product at that price or a higher price in good faith for a substantial period of time recently before or immediately after the making of the representation, as the case may be.”

Clause 237

That Bill C-59, in Clause 237, be amended by replacing line 37 on page 428 with the following:

“sent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Par‐”

Clause 244

That Bill C-59, in Clause 244, be amended by replacing lines 38 and 39 on page 436 with the following:

“son as a customer, or to make the means of diagnosis or repair available to a person, within a specified period and on the terms that the Tribunal considers appropriate if the Tribunal finds that”

That Bill C-59, in Clause 244, be amended

(a) by replacing lines 21 and 22 on page 438 with the following:

“means of diagnosis or repair includes diagnostic, maintenance, repair and calibration information, technical updates, diagnostic soft‐”

Clause 249

That Bill C-59, in Clause 249, be amended by adding after line 14 on page 443 the following:

“(1.1) The portion of paragraph 92(1)(e) of the Act before subparagraph (i) is replaced by the following:

(e) in the case of a completed merger, in order to restore competition to the level that would have prevailed but for the merger, order any party to the merger or any other person

(1.2) The portion of paragraph 92(1)(f) of the Act before subparagraph (i) is replaced by the following:

(f) in the case of a proposed merger, in order to preserve the level of competition that would prevail but for the merger, make an order directed against any party to the proposed merger or any other person

(1.3) Clause 92(1)(f)(iii)(A) of the Act is replaced by the following:

(A) prohibiting the person against whom the order is directed, should the merger or part thereof be completed, from doing any act or thing the prohibition of which the Tribunal determines to be necessary to ensure that the merger or part thereof does not prevent or lessen competition, or”

That Bill C-59, in Clause 249, be amended by replacing line 15 on page 443 with the following:

“(2) Subsection 92(2) of the Act is replaced by the following:

(2) For the purpose of this section, if the Tribunal finds, on a balance of probabilities, that a merger or proposed merger results or is likely to result in a significant increase in concentration or market share, the Tribunal shall also find that the merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, unless the contrary is proved on a balance of probabilities by the parties to the merger or proposed merger.

(3) A merger or proposed merger results or is likely to result in a significant increase in concentration or market share if, in any relevant market, as a result of the merger or proposed merger,

(a) the concentration index increases or is likely to increase by more than 100; and

(b) either

(i) the concentration index is or is likely to be more than 1,800, or

(ii) the market share of the parties to the merger or proposed merger is or is likely to be more than 30%.

(4) In subsection (3), concentration index means, in any relevant market, the sum of the squares of the market shares of the suppliers or customers.

(5) The Governor in Council may by regulation prescribe different values than those provided in paragraph 92(3).”

Clause 250

That Bill C-59, in Clause 250, be amended by replacing line 22 on page 443 with the following:

“(g.4) the change in concentration or”