Competition Act

Moved the adoption of the report.

He said: Honourable senators, I rise today to speak to the ninth report of the Standing Senate Committee on Banking, Commerce and the Economy, concerning Bill S-239, An Act to amend the Competition Act.

I would like to begin by thanking Senator Klyne, the sponsor of the bill, for his cooperation during our study. Senator Klyne, your appearance before our committee greatly facilitated our study by helping us better understand the bill’s scope and objectives. Bill S-239, An Act to amend the Competition Act, also known by its short title, the “Canadian Prosperity Act,” was introduced in the Senate on October 30, 2025. It was passed at second reading on June 9, 2026, and was subsequently referred to our committee for in-depth consideration.

The bill aims to strengthen the Competition Bureau’s role in conducting market studies. In particular, it would enable the Competition Bureau to recommend measures to reduce barriers to internal trade and enhance competition. It also provides for response and publication mechanisms to strengthen the transparency and accountability of the institutions concerned.

In addition to the bill’s sponsor, we heard from six other witnesses, including the Competition Bureau, representatives of the business community and legal experts. Their testimony and written submissions greatly informed and influenced our deliberations, as well as the three amendments subsequently adopted by the committee. I will go over them briefly.

First, subsection 10.1(8) of clause 2 stated that the Commissioner of Competition could make a recommendation regarding any barriers to trade within Canada that unduly affect the state of competition in the market being studied. Our committee amended this provision by removing references to barriers to trade and widening the scope so that the commissioner may make any recommendations that would improve the state of competition in the market or industry.

Second, our committee added subsection 10.1(8.1) to ensure that any recommendation made by the Commissioner of Competition does not affect measures established under the Food and Drugs Act or any other act administered by the Minister of Health and introduced to protect the health and safety of Canadians.

Third and finally, our committee amended subsections 10.1(10) and 10.1(11) to specify that a response to a recommendation is required within 120 days of the Commissioner of Competition’s report being delivered — rather than within 120 days of it being published — and that any response must be published on the commissioner’s website.

In closing, overall, these amendments seek to clarify the scope of the bill, preserve measures that are essential to the health and safety of Canadians, and strengthen government accountability in following up on the Competition Bureau’s recommendations.

I would like to thank the committee staff who made our study of this bill possible, including our clerk, Matthieu Boulianne; our analysts, Brett Howard and Adriane Yong; our administrative assistant; our interpreters; our support staff; and our pages. Thank you on behalf of the committee members. On that note, honourable senators, I would invite you to adopt this report. Thank you. Meegwetch.