Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Excise Tax Act and the Competition Act”.
Part 1 amends the Excise Tax Act in order to implement a temporary enhancement to the GST New Residential Rental Property Rebate in respect of new purpose-built rental housing.
Part 2 amends the Competition Act to, among other things,
(a) establish a framework for an inquiry to be conducted into the state of competition in a market or industry;
(b) permit the Competition Tribunal to make certain orders even if none of the parties to an agreement or arrangement — a significant purpose of which is to prevent or lessen competition in any market — are competitors; and
(c) repeal the exceptions in sections 90.1 and 96 of the Act involving efficiency gains.
First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023 |
HOUSE OF COMMONS OF CANADA |
An Act to amend the Excise Tax Act and the Competition Act
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AS PASSED
BY THE HOUSE OF COMMONS
December 11, 2023
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Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Excise Tax Act and the Competition Act”.
Part 1 amends the Excise Tax Act in order to implement a temporary enhancement to the GST New Residential Rental Property Rebate in respect of new purpose-built rental housing.
Part 2 amends the Competition Act to, among other things,
(a) establish a framework for an inquiry to be conducted into the state of competition in a market or industry;
(b) permit the Competition Tribunal to make certain orders even if none of the parties to an agreement or arrangement — a significant purpose of which is to prevent or lessen competition in any market — are competitors; and
(c) repeal the exceptions in sections 90.1 and 96 of the Act involving efficiency gains.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023 |
HOUSE OF COMMONS OF CANADA |
BILL C-56 |
An Act to amend the Excise Tax Act and the Competition Act |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Affordable Housing and Groceries Act.
R.S., c. E-15
the Minister shall, subject to subsections (3.1), (7) and (8), pay a rebate to the person equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the residential complex or addition, as the case may be, and is a qualifying residential unit of the person at the particular time, determined by the formula
(a) the taxable supply is a supply by way of sale of a residential complex or an interest in a residential complex to a person that is not a builder of the residential complex, or of a residential complex or an addition to a residential complex to a person that is, otherwise than by reason of subsection 190(1), a builder of the residential complex or addition, as the case may be, and the construction or last substantial renovation of the residential complex or addition, as the case may be, begins after September 13, 2023 but before 2031 and is substantially completed before 2036; or
(b) the taxable supply is a supply by way of sale of a residential complex that is deemed to be made to a person that has converted real property for use as the residential complex and is, as a result, deemed under subsection 190(1) to be a builder of the residential complex and the construction or alteration necessary to effect the conversion begins after September 13, 2023 but before 2031 and is substantially completed before 2036.
(i) if the unit is a residential condominium unit, 1, and
(ii) in any other case, the unit’s percentage of total floor space.
(a) the reference in subsection (9) to “sections 254, 256, 256.1 and 259” is to be read as a reference to “sections 254, 256 and 256.1” in applying subsection (9) in respect of the tax included in determining the rebate under subsection (3); and
(b) no amount of the tax included in determining the rebate under subsection (3) may be included in determining a rebate of the person under section 259.
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19
(b) any information obtained in the course of an inquiry under section 10 or 10.1;
(b) any information obtained in the course of an inquiry under section 10 or 10.1;
(k) directly or indirectly imposing excessive and unfair selling prices.
(a) a practice of anti-competitive acts; or
(b) conduct
(i) that had, is having or is likely to have the effect of preventing or lessening competition substantially in a market in which the person or persons have a plausible competitive interest, and
(ii) the effect is not a result of superior competitive performance.
(a) $25,000,000 and, for each subsequent order under either of those subsections, an amount not exceeding $35,000,000, and
(a) the effect of the conduct on barriers to entry in the market, including network effects;
(b) the effect of the conduct on price or non-price competition, including quality, choice or consumer privacy;
(c) the nature and extent of change and innovation in a relevant market; and
(d) any other factor that is relevant to competition in the market that is or would be affected by the conduct.
the Tribunal may, subject to sections 94 and 95,
12 Sections 92 and 96 of the Competition Act, as they read before the day on which sections 9 and 10 come into force, continue to apply after that day to a proposed transaction notified under section 114 of that Act before that day or to a merger that has been substantially completed before that day.
12.1 If Bill C-59, introduced in the 1st session of the 44th Parliament and entitled the Fall Economic Statement Implementation Act, 2023, receives royal assent, then on the first day on which both subsection 247(2) of that Act and section 7.2 of this Act are in force, subsection 79(4.1) of the Competition Act is replaced by the following:
(4.1) If, as the result of an application by a person granted leave under section 103.1, the Tribunal finds that a person has engaged in or is engaging in a practice of anti-competitive acts that amounts to conduct that has had or is having the effect of preventing or lessening competition substantially in a market in which the person has a plausible competitive interest and it makes an order under subsection (1) or (2) against the person, it may also order the person against whom the order is made to pay an amount, not exceeding the value of the benefit derived from the conduct that is the subject of the order, to be distributed among the applicant and any other person affected by the conduct, in any manner that the Tribunal considers appropriate.
13 Section 8 comes into force on the first anniversary of the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons
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