Chrysler Canada Ltd. v. Canada (Competition Tribunal) [1992] 2 S.C.R. 394 92 D.L.R. (4th) 609 138 N.R. 321 42 C.P.R. (3d) 353 (C.P.R. sub nom. Competition Tribunal v. Chrysler Canada Ltd.) [1992] S.C.J. No. 64 DRS 92-02104 Supreme Court of Canada (from Federal Court of Appeal) La Forest, L'Heureux-Dubйé, Sopinka, Gonthier, Cory, McLachlin and Stevenson JJ. June 25, 1992

Administrative law —— Boards and tribunals —— Jurisdiction —— Competition Tribunal —— Breach of order —— Civil contempt.

Appeal from a decision holding that the Competition Tribunal did not have jurisdiction over civil contempt proceedings for breaches of its orders.

HELD (dissent): Appeal allowed. The Competition Tribunal had jurisdiction over civil contempt for breaches of its orders under Part VIII of the Competition Act. Section 8(1) conferred on the Tribunal jurisdiction to hear and determine all applications made under Part VIII of the Competition Act and any matters related thereto. "Any matters related thereto" should be interpreted as matters arising outside of the hearing and determination of Part VIII applications but related to the applications. Section 8(2) of the Act conferred on the Tribunal the powers of a superior court with respect to the enforcement of its orders. This power included the power over contempt which was supported by the requirement of section 8(3) that the judicial member of the Tribunal concur in a finding of contempt and in the consequences of contempt.

STATUTES, REGULATIONS AND RULES CITED:

Act to establish the Competition Tribunal and to amend the Combines Investigation Act and the Bank Act and other Acts in consequence thereof, R.S.C. 1985, c. 19 (2nd Supp.).Broadcasting Act, S.C. 1991, c. 11, ss. 13, 32.Canadian International Trade Tribunal Act, R.S.C. 1985, c. 47 (4th Supp.), s. 16.Combines Investigation Act, R.S.C. 1970, c. C-23, s. 17.Competition Act, R.S.C. 1985, c. C-34, ss. 1.1, 10, 33, 34, 36, 67, 73, 74, 75, 86, 99, 106.Constitution Act, 1867, ss. 96, 97, 98, 99, 100, 101.Competition Tribunal Act, R.S.C. 1985, c. 19 (2nd Supp.), ss. 8, 9(1), 13.Federal Court Rules, Rule 1716.Interpretation Act, R.S.C. 1985, c. I-21, s. 31.Official Languages Act, R.S.C. 1970, c. O-2, s. 8(2)(c).Oil and Gas Production and Conservation Act, R.S.C. 1985, c. O-7, ss. 13, 62.Ontario Supreme Court Rules Respecting Criminal Proceedings, Rule 2.Public Inquiry Commission Act, R.S.Q. 1964, c. 11, ss. 7, 11, 12.Ontario Rules of Civil Procedure, Rules 13.01, 13.02.