Can consumers receive restitution for any violation of the Competition Act?
The restitution orders created by Bill C-10 were introduced as an additional remedy for the courts or the Tribunal for civilly reviewable false and misleading representations under paragraph 74.01(1)(a). On application of the Commissioner, the Competition Tribunal or a court that hears a matter regarding a false or misleading representation is empowered under the new provision to grant restitution and lay out the specifics of a restitution order, including who is eligible to receive restitution and how prospective claimants are to be notified. Restitution is already available for criminal offences, including criminal false or misleading representations, under the Criminal Code. Victims of criminal misleading advertising can continue to seek to recover damages by suing the advertiser directly (section 36). Similarly, nothing in the Competition Act prevents a person from pursuing civil recourse outside of the Competition Act framework for, among other things, deceptive marketing practice
