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ARTICLE · 19 AUGUST 2022

Significant Amendments To Canada's Competition Act To Impact Employers

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On June 23, 2022, significant amendments to Canada's Competition Act ("Act") became law. An amendment that is particularly noteworthy for employers is a new so-called wage...

CanadaAntitrust/Competition Law
Antonio Di Domenico
Antonio Di Domenico
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On June 23, 2022, significant amendments to Canada's Competition Act ("Act") became law. An amendment that is particularly noteworthy for employers is a new so-called wage fixing/no-poaching agreement offence.

Effective June 23, 2023, the criminal conspiracy offences under the Act will include a prohibition against:

  • "wage-fixing" agreements that "fix, maintain, decrease or control salaries, wages or terms and conditions of employment"; and
  • "no-poaching" agreements to "not solicit or hire employees" between unaffiliated employers.

As with the existing cartel provisions, this new provision would potentially allow wage-fixing and no-poaching agreements to be inferred from circumstantial evidence.

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