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Note: This Section provides you with an online version of the the Fair Competition Act (FCA). The marginal notes have been omitted from this version. For a copy of the entire document in PDF format, including the amendments and regulations click here. You will need Acrobat Reader software to view this document; download this software free from Adobe.


(PART VIII) ENFORCEMENT, REMEDIES AND APPEALS


46. Application for enforcement

If the Court is satisfied on an application by the Commission that any person-

(a) has contravened any of the obligations or prohibitions imposed in Part III, IV, VI or VII; or

(b) has failed to comply with any direction of the Commission,the Court may exercise any of the powers referred to in section 47.

 

47. Powers of Court

(1) Pursuant to section 45 the Court may-

(a) order the offending person to pay to the Crown such pecuniary penalty not exceeding one million dollars in the case of an individual and not exceeding five million dollars in the case of a person other than an individual;

(b) grant an injunction restraining the offending person from engaging in conduct described in paragraph (a) or (b) of section 45,

in respect of each contravention or failure referred to in section 45.

(2) In exercising its powers under this section the Court shall have regard to-

(a) the nature and extent of the default;

(b) the nature and extent of any loss suffered by any person as a result of the default;

(c) the circumstances of the default;

(d) any previous determination against the offending person.

(3) The standard of proof in proceedings under this section and section 46 shall be the standard of proof applicable in civil proceedings.

 

48. Civil liability

(1) Every person who engages in conduct which constitutes-

(a) a contravention of any of the obligations or prohibitions imposed in Parts III, IV, VI or VII;

(b) aiding, abetting, counselling or procuring the contravention of any such provision;

(c) inducing by treats, promises, or otherwise the contravention of any such provision;

(d) being knowingly conceived in or party to any such contravention; or

(e) conspiring with any other person to contravene any such provision,

is liable in damages for any loss caused to any other person by such conduct.

(2) An action under subsection (1) may be commenced at any time within three years from the time when the cause of action arose.

 

49. Appeals against finding of Commission

(1) Any person who is aggrieved by a finding of the Commission may within fifteen days after the date of that finding, appeal to a Judge in Chambers.

(2) The Judge in Chambers may-

(a) confirm, modify or reserve the findings of the Commission or any part thereof; or

(b) direct the Commission to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.

(3) In giving any direction under this section, the Judge shall-

(a) advise the Commission of his reasons for doing so; and

(b) give to the Commission such directions as he thinks just concerning the reconsideration or otherwise the whole or any part of the matter that is referred back for reconsideration.

(4) In reconsideration of the matter, the Commission shall have regard to the Judge's reasons for giving a direction under subsection (1) and the Judge's direction under subsection (3).

 

50. Operation of order pending determination of appeal

Where an appeal is brought against any findings of the Commission any directions or order of the Commission based on such findings shall remain in force pending the determination of the appeal, unless the Judge otherwise orders.




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