Cartel conduct is criminalised under the federal Competition Act.

The offence

It is a criminal offence under section 45 of the Competition Act if a person who, with a competitor in respect of a particular product, conspires, agrees or arranges any of the following:

• fixing, maintaining, increasing or controlling the price for the supply of the product;
• allocation of sales, territories, customers or markets for the production or supply of the product; or
• fixing, maintaining, controlling, preventing, lessening or eliminating the production or supply of the product.

The prosecution must demonstrate that the person subjectively intended to enter into the agreement and had knowledge of its terms.

It is also a criminal offence for a Canadian corporation to:

• implement directives from a foreign corporation for the purpose of giving effect to conspiracies entered into outside of Canada; or
• to take part in bid rigging.

Sanctions

Individuals

Maximum fine of CAD25 million and 14 years’ imprisonment.

Corporations

Maximum fine of CAD25 million per offence. Corporations involved in foreign-directed conspiracies are liable to a fine at the discretion of the court.