Competition Bureau Issues Final Guidelines On Real Estate Property Controls

On June 4, 2025, the Competition Bureau (Bureau) issued final guidelines setting out how it will apply the Competition Act (Act) to property controls, i.e., exclusivity clauses in leases and restrictive covenants on real estate. These guidelines follow the Bureau's draft guidelines and related public consultations. While the guidelines are not law, they indicate how the Bureau will approach property controls.

Overview of the Guidelines

The guidelines follow changes to the Act's civil competitor collaboration provision to include agreements that are not between competitors (e.g., vertical agreements between landlords and tenants) if a significant purpose of all or part of the agreement is to prevent or lessen competition.