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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 131
Monday, June 17, 2024, 11:02 a.m. to 12:23 p.m.
Webcast
Presiding
Rick Perkins, Vice-Chair (Conservative)

House of Commons
• Michelle Legault, Legislative Clerk
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Dana Fan, Analyst
• Sarah Lemelin-Bellerose, Analyst
Department of Industry
• Samir Chhabra, Director General, Marketplace Framework Policy Branch
• Martin Simard, Senior Director, Corporate, Insolvency and Competition Directorate
• Ian Disend, Senior Analyst, Corporate, Insolvency and Competition Directorate
Pursuant to the order of reference of Wednesday, February 7, 2024, the committee resumed consideration of Bill C-352, An Act to amend the Competition Act and the Competition Tribunal Act.

Samir Chhabra answered questions.

The committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (alternative title) was postponed.

The Chair called Clause 2.

Ryan Williams moved, — Given the large workload the committee has on the docket, the committee instructs the chair to book five meetings between July 8 and September 13, while the House is adjourned, to deal with unfinished business and pressing matters facing Canadians, such as regulatory barriers to competition, wireless telecommunications affordability, and examining the government’s proposal to migrate Sustainable Development Technology Canada’s funding into the National Research Council Canada.

Debate arose thereon.

Ryan Turnbull moved, — That the debate be now adjourned.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Brian Masse, Ryan Turnbull, Tony Van Bynen, Brad Vis, Ryan Williams — 9;

NAYS: Bernard Généreux — 1.

After debate, Clause 2 was negatived.

After debate, Clause 3 was negatived on the following recorded division:

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

After debate, Clause 4 was negatived on the following recorded division:

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

After debate, Clause 5 was negatived.

On Clause 6,

Brian Masse moved, — That Bill C-352, in Clause 6, be amended

(a) by deleting lines 16 to 32 on page 2.

(b) by replacing lines 33 and 34 on page 2 with the following:

“(3) Paragraph 79(3.‍1)(b)‍ of the Act is replaced by the following:”

(c) by deleting lines 35 to 37 on page 2.

After debate, the question was put on the amendment of Brian Masse and it was negatived on the following recorded division:

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

Clause 6 was negatived.

After debate, Clause 7 was negatived.

After debate, Clause 8 was negatived.

On Clause 9,

Brian Masse moved, — That Bill C-352, in Clause 9, be amended

(a) by replacing line 29 on page 4 with the following:

“the Tribunal, subject to sections 94 and 95, may or, in a situation referred to in paragraph (3)(a), shall”

(b) by replacing line 34 on page 4 with the following:

“merger results or is likely to result in a significant increase in concentration”

(c) by adding after line 39 on page 4 the following:

“(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 market share of the parties to the merger or proposed merger is or is likely to be 60% or more; or

(b) the concentration index increases or is likely to increase by more than 100 and 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% but less than 60%.

(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 subsection (3).”

After debate, the question was put on the amendment of Brian Masse and it was negatived on the following recorded division:

YEAS: Brian Masse — 1;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Bernard Généreux, Ryan Turnbull, Tony Van Bynen, Brad Vis, Ryan Williams — 9.

Clause 9 was negatived on the following recorded division:

YEAS: Brian Masse — 1;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Bernard Généreux, Ryan Turnbull, Tony Van Bynen, Brad Vis, Ryan Williams — 9.

On Clause 10,

Brian Masse moved, — That Bill C-352, in Clause 10, be amended

(a) by replacing lines 4 to 9 on page 5 with the following:

“(g.‍4) the change in concentration or market share that the merger or proposed merger has brought about or is likely to bring about; and

(b) by deleting lines 10 to 25 on page 5.

After debate, the question was put on the amendment of Brian Masse and it was negatived.

Clause 10 was negatived.

After debate, Clause 11 was negatived.

On Clause 12,

Brian Masse moved, — That Bill C-352, in Clause 12, be amended by replacing lines 29 to 31 on page 5 with the following:

“97 No application may be made under section 92,

(a) in respect of a merger that was the subject of a request for a certificate under section 102, more than one year after the merger has been substantially completed; or

(b) in respect of any other merger, more than three years after the merger has been substantially completed.”

After debate, the question was put on the amendment of Brian Masse and it was negatived on the following recorded division:

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

Clause 12 was negatived on the following recorded division:

YEAS: — 0;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Bernard Généreux, Brian Masse, Ryan Turnbull, Tony Van Bynen, Brad Vis, Ryan Williams — 10.

On Clause 13,

Brian Masse moved, — That Bill C-352, in Clause 13, be amended by replacing lines 32 and 33 on page 5 with the following:

“(3) Despite any other Act of Parliament, the Tribunal shall not award costs against His Majesty in right of Canada unless it is satisfied

(a) that an award is necessary to maintain confidence in the administration of justice; or

(b) that the absence of an award would have a substantial adverse effect on the other party's ability to carry on business.”

After debate, the question was put on the amendment of Brian Masse and it was negatived on the following recorded division:

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

Clause 13 was negatived.

Clause 1, Alternative Title, was negatived on the following recorded division

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

The Title was negatived on the following recorded division:

YEAS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4;

NAYS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6.

The Bill, as amended, was adopted.

ORDERED, — That the Chair report the Bill, as amended, to the House.

At 12:09 p.m., the meeting was suspended.

At 12:14 p.m., the meeting resumed.

ORDERED, — That Bill C-352, as amended, be reprinted for the use of the House of Commons at report stage.

Motion

Brad Vis moved, — That the debate on the motion resume.

Debate arose thereon.

Motion

Ryan Turnbull moved, — That the debate be now adjourned.

After debate, the question was put on the motion and it was agreed to on the following recorded division:

YEAS: Vance Badawey, Julie Dabrusin, Iqwinder Gaheer, Jean-Denis Garon, Ryan Turnbull, Tony Van Bynen — 6;

NAYS: Bernard Généreux, Brian Masse, Brad Vis, Ryan Williams — 4.

At 12:23 p.m., the committee adjourned to the call of the Chair.



Miriam Burke
Clerk of the committee