Section 54 of the Competition Act prohibits double ticketing. This criminal offence happens when a consumer is charged the higher price between two or more prices clearly expressed in one of the following ways:
- on a product, its wrapper or container
- on anything attached to, inserted in or accompanying the product, its wrapper or container or anything on which the product is mounted for display or sale
- on an in-store or other point-of-purchase display or advertisement
The purpose of the section 54 of the Competition Act is to prevent consumers from being deceived or confused about the price charged.
The definition of “supply” includes an offer to sell. This section does not apply when the old price is removed or obscured. For example, if the value of the stock has changed, the price can be removed or obscured so that it is no longer clearly expressed.
Penalties for non-compliance
Any person who contravenes section 54 of the Competition Act can be fined up to $10,000 and/or imprisoned for up to one year on summary conviction.
Potential for immunity
If you have engaged in a deceptive marketing practice prohibited under the criminal provisions of the Competition Act, you are encouraged to come forward, share what you know, and fully cooperate with our investigation and any subsequent prosecution. If you meet the requirements of the Immunity Program, we will recommend that the Director of Public Prosecutions of Canada provide you with immunity from prosecution.
Having a credible and effective compliance program can provide benefits in dealing with the Competition Bureau to resolve a violation of one of the legislation it enforces. A compliance program can also help:
- reduce the risk of potentially illegal conduct
- protect your brand and reputation
- detect instances of potentially illegal conduct at an early stage
- identify when others might put you at risk
To find out more information on written opinions under section 124.1 of the Competition Act, contact the Bureau’s Information Centre toll-free at 1-800-348-5358 or online. If a written opinion is provided by the Commissioner, a fee will apply based upon the section of the Competition Act the proposed conduct or practice applies to. A written opinion is binding on the Commissioner as long as the facts submitted are accurate, and it remains binding if the facts on which the opinion is based remain substantially unchanged and your conduct or practice is carried out, as proposed. All fees and service standards for written opinions are set out in the Competition Bureau Fee and Service Standards Policy.
- Written opinions
- Advertising dos and don’ts
- False or misleading representations
- Potential for immunity: Incentives for ending participation in illegal activity
- Technical guidance document: Immunity and Leniency Programs under the Competition Act
- How we foster competition and ensure compliance with the law
- Competition Act, section 54