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ARTICLE · 04 SEPTEMBER 2026

Lease Restrictions Under Scrutiny: Competition Act Implications For Exclusive Use And Other Clauses

Aird & Berlis LLP
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The Competition Bureau has signaled increased enforcement activity regarding exclusive use clauses in commercial leases following amendments to the Competition Act. This update examines emerging responses from the commercial leasing industry and provides guidance on factors landlords and tenants should consider when negotiating lease restrictions in light of heightened regulatory scrutiny.

CanadaAntitrust/Competition Law
Aaron Kempf
Aaron Kempf
Monty Warsh
Monty Warsh
Marco Gammone
Marco Gammone
Lexi Benlolo
Lexi Benlolo
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Exclusive use clauses continue to attract increased attention from the Competition Bureau (the “Bureau”). While there have not yet been any Competition Tribunal or court decisions applying the amended Competition Act to exclusive use clauses, the Bureau has signalled increased enforcement activity in this area, and early responses from the commercial leasing industry are beginning to emerge.

Our latest update builds on our previous article and explores recent developments, including factors landlords and tenants should consider when negotiating lease restrictions and some insight into where this could evolve going forward.

Exclusive Use Clauses Under Review

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