Canada v. Chambre d'immeuble du Saguenay-Lac St. Jean Inc.
T-2432-98
Sharlow J.
5/8/99
15 pp.
On December 20, 1988 Court making order pursuant to Competition Act, s. 34(2) prohibiting certain conduct by Canadian Real Estate Association (CREA order)-When CREA order made, all of its provisions, except those limited to seven years, intended to have perpetual effect on activities of CREA, member organizations-On March 18, 1999 Competition Act, s. 34 amended-Although s. 34(2) not amended, s. 34(2.2) limiting to 10 years term of order made under "this section" added-No such time limitation existing before amendment-S. 34(2.2) terminating CREA order on March 18, 1999-S. 34(2.2), read literally, applies to all orders under s. 34, whenever made-Nothing in Competition Act or amending statute expressly limiting application of s. 34(2.2) to orders made after enactment-Crown submitting no order made under old s. 34 touched by s. 34(2.2) because "this section" in s. 34(2.2) referring only to version of s. 34 as amended in 1999, not version of s. 34 in effect when CREA order made-Submitting this restrictive interpretation supported by extrinsic evidence, transition rules, presumption against retroactive effect of statutory amendments-As to extrinsic evidence, Director of Investigation and Research's May 1998 statement to Standing Committee on Industry that newly proposed 10-year limitation on prohibition orders would not apply to orders made before amendments coming into effect, explanation as to why desirable result merely evidence of subjective intention of Director, legislative drafters, legal opinion adopted by Director in relation to draft legislation-Not capable of illuminating meaning of s. 34(2.2) as finally enacted-Existence of policy consideration identified by Director useless unless can clearly be tied to version of s. 34(2.2) finally enacted-Record not indicating what draft legislation under consideration by Committee when statement made or what changes, if any, made to draft legislation after Committee meeting-Prohibition orders under s. 34, as amended, and under new "administrative remedies" provision (s. 74.1(1)(a)) limited to 10-year term-Suggesting existence of good policy reasons for avoiding perpetual orders-Perhaps those considerations led Parliament to conclude against Director's apparent advice, that all prohibition orders should be limited to 10 years, including those made before amendment-Regardless, s. 34(2.2) not so ambiguous as to require evidence of extrinsic evidence to determine meaning-No transitional rule in amending statute referring to 10-year time limitation in s. 34(2.2)-Had Parliament intended s. 34(2.2) to apply to pre-existing orders, could have enacted transitional rule to say so-Equally, had Parliament intended s. 34(2.2) to apply only to orders made after enactment, could have said so in s. 34(2.2)-Transitional rules cited by Crown not assisting in interpretation of s. 34(2.2)-Indicating only that Parliament provided specifically for effect of amending statute on pre-existing s. 34 orders where specific reason to ensure such orders would be subject to exercise of newly created statutory powers-Amendment retroactive only if alters legal consequences of facts entirely in past-Amendment not changing legal effect of anything occurring before enactment-CREA order remained in effect until enactment of amendment, will continue to govern consequences of any breach of CREA order that may have occurred before that date-Amendment merely putting end to duration of CREA order so that not possible after March 18, 1999 for CREA order to be breached-Declaration CREA order ceased to have effect March 18, 1999-Competition Act, R.S.C., 1985, c. C-34, ss. 34(2) (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 28), (2.2) (as enacted by S.C. 1999, c. 2, s. 11), 74.1 (as enacted idem, s. 22).