Restrictive Trade Practices Commission : The Restrictive Trade Practices Commission came into existence in 1952, as a result of the MacQuarrie Committee's study of the purposes and methods of the Combines Investigation Act. From 1937 to 1952 the Act was enforced by a Commissioner who was tasked with investigation, appraisal, and reporting of any activities in contravention of the Act, reporting to the responsible Minister (the Minister of Justice). However, the MacQuarrie Committee report recommended that the function of research and investigation be separated from the function of appraisal and report. To that end, legislation was passed and came into force on November 1, 1952, investing the function of investigation and research with an official titled the Director of Investigation and Research, who was responsible for conducting all inquiries. The function of appraisal and report was then entrusted to a new body known as the Restrictive Trade Practices Commission.
From 1952 to 1970, the Restrictive Trade Practices Commission (RTPC) consisted of three members, one of whom was appointed as a Chairman and chief executive officer; this Chairman served to supervise and direct the work of the Commission. In 1970, amendments to the Canada Corporations Act increased the membership of the Commission to four members.
As the Director of Investigation and Research was required to institute an inquiry whenever he had reason to believe that one or more of the substantive provisions of the Act had been or was going to be violated, the function of investigation rested solely with the Director. However, in order to be invested with investigatory powers the Director had to apply and receive certification from a Member of the Commission. Members of the Commission were able to assist the Director in examining witnesses and evidence, but in any such case the Director nevertheless conducted the inquiry. Upon the completion of gathering and assessing evidence, the Director prepared a report on his findings, at which point he could either discontinue his inquiry and report his findings to the Minister, or prepare a statement of evidence and submit this statement to the RTPC.
If an inquiry was transferred to the RTPC, the Commission would then prepare hearings on the evidence gathered by the Director, with the opportunity given to witnesses to provide evidence and testimony. The function of the Commission was to appraisal of the Director's allegations and findings. Upon the conclusion of proceedings, the Commission would prepare a report in writing to transmit to the Minister; this report would then be made public within thirty days of receipt by the Minister. Each report provided a chronological sequence of the Commission's activities, beginning with the investigation of the Director and the subsequent appraisal or practices by the Commission. A description would be provided of the submission of evidence by the Director, followed by a detailed factual description of the industry concerned by an inquiry. The report would then present the conclusion of the Commission, stating whether or not it considered the trade practice to be harmful. If proceedings revealed the need for prosecution or criminal proceedings, it would be up to the Minister to decide whether or not the matter would be transferred to the Attorney General for prosecution.
The passage of Bill C-2 "An Act to Amend the Combines Investigation Act", S.C. 1974-75-76 c.76 s.18 (in effect January 1 1976), increased the jurisdiction of the Commission, giving it quasi-judicial powers related to matters in Part IV.1 of the Combines Investigation Act. This bill constituted the Commission as a court of record for the purposes of Part IV.1. Unlike the provisions of Part V, Part IV.1 refers to matters which are not in themselves unlawful but may become unlawful if the RTPC declares them unlawful through an order or decision. Under Part IV.1, the Minister could authorize a formal inquiry into any of the matters listed in Part IV.1 on his own initiative or by the petition of six adult citizens, thereby tasking the Director to initiate a formal inquiry. Upon completion of the inquiry, the Director could then present his findings to the RTPC through an application to prohibiting the activity complained of. Following such an application, the Commission would hear the evidence of the Director, hear testimony by witnesses concerned by the order, and arrive at a finding. If the Director had provided criteria necessary to render an order prohibiting an activity, it was up to the RTPC to make an order that a particular activity contravened the Act. Any breach of an order of the Commission would then be an offence against the act, and hence the activity could be prosecuted either on indictment or summary conviction. If the accused party disagreed with either the process of investigation or the decision or order, they were able to file an appeal with the Federal Court of Appeal to review and potentially set aside a decision or order. However, an order could not be reversed, nor could its reasoning be altered by the Court; such changes to an order rested with the RTPC alone.
In 1986, the passage of the Competition Act and the Competition Tribunal Act dissolved the Restrictive Trade Practices Commission, and replaced it with an adjudicatory body: the Competition Tribunal.
