Canada. Bureau of Competition Policy : The Competition Bureau is an independent law enforcement agency responsible for the administration and enforcement of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act. It came into being with the Competition Act of 1986 and serves as the principle federal investigator into matters of unfair or illegal business practices. If a business or industry is believed to be in violation of one or more of the four laws the Competition Bureau administers, an application to the Competition Tribunal is made for a hearing and adjudication. The Competition Bureau reports to parliament through the Minister of Industry.
The administrative history of the Competition Bureau can be traced back to the Combines Investigation Division of the Department of Labour, established in 1910 under the authority of the Combines Investigation Act (9-10 Edward III ch. 9). The main function of the division was to investigate and restrain combines, monopolies, trusts, and mergers that restrained trade and hindered competition in the economy, or that fixed prices. In 1919, new combines legislation was passed in response to the inadequacy of the 1910 Act in restraining unfair business practice. A Special Committee on the issue of cost of living that investigated pricing of basic goods also motivated a change in policy. The Combines and Fair Prices Act (9-10 George V. ch. 45) was created in tandem with the Board of Commerce Act (9-10 George V, Chap. 37), which established the Board of Commerce of Canada as a permanent administrative and enforcement body with the power to authorize criminal prosecutions and to issue cease and desist orders. By 1921 the Board of Commerce of Canada was dissolved. That year the combines legislation it administered was found to be unconstitutional because it claimed authority to jurisdiction of property and civil rights, areas over which provincial governments had sole authority in Canada.
In 1923 combines legislation was revamped in the form of a new Combines Investigation Act to be administered by the Department of Labour. The 1923 act established a permanent office of the Registrar, whose primary role was to conduct preliminary inquiries into monopolizing activity by combines, trusts, and mergers. The inquiries could be initiated by the Registrar, by a complaint filed by a minimum of six people, or by order of the Minister of Labour. A special commissioner could be appointed for inquiries that needed closer attention. Between 1935-1937, the Dominion Trade and Industry Commission took over the function of the Registrar in administering combine legislation in the form of the Dominion Trade and Industry Commission Act. From 1938-1941, the combines legislation outlined in the 1923 Combines Investigation Act was restored, and the former duties of the Registrar in the Department of Labour continued. During the Second World War, the Wartime Prices and Trade Board superseded peacetime combines legislation. Near the close of the war in 1945, pre-war combines legislation was reinvoked, but was moved from the Department of Labour to the administration of the Combines Investigation Branch of the Department of Justice.
Following the findings of the Committee to Study Combines Legislation in 1952, also known as the MacQuarrie Committee, the administration of the Combines Act was split between two newly created agencies. The Director of Investigation undertook responsibility for investigation of complaints, whereas the Restrictive Trade Practices Commission (RTPC) reviewed the evidence collected by Director of Investigation, heard the defence, and presented a report on its findings to the Minister of Justice. In 1967 the Minister of Consumer and Corporate Affairs took over responsibility for administration of the Combines Act from the Minister of Justice.
Change came again in 1986 with the passing of the Competition Act and the Competition Tribunal Act. The functions of the Director of Investigation carried over to the Director of Investigation and Research within the Competition Bureau. The RTPC was superseded by the Competition Tribunal, a quasi-judicial body that adjudicates cases by request of the Director of Investigation and Research. With the dissolution of the Department of Consumer and Corporate Affairs in 1993, the Competition Bureau and Competition Tribunal reported to parliament through the Minister of Industry.
