The Affordable Housing and Groceries Act (the
"2024 Amendments")1
introduced changes to the Competition Act (the
"Act")2 which should concern
all landlords and tenants, not just those in the grocery industry.
The following high-level summary sets the stage for an upcoming
McMillan Webinar that will dive deeper into the consequences and
considerations for interpreting, negotiating and drafting leases in
light of these changes.
The Act previously granted the Competition Bureau power, if the
Tribunal finds an agreement or arrangement between competitors that
lessens or is likely to prevent or lessen competition, to make an
order to (i) prohibit any person from doing anything under the
agreement or arrangement; or (ii) to require any person (with the
consent of that person and the Commissioner) to take any other
action.3 The new Section 90.1(1.1), which comes into
effect on December 15, 2024, vastly expands this concept by
granting the Tribunal power to make an order
