ARTICLE · 27 JUNE 2023

Wage-Fixing & No-Poach Agreements Now Illegal: What Businesses Need To Know

Stikeman Elliott LLP

Explore more from Stikeman Elliott LLP

Wage-fixing and "no-poach" agreements between employers are now illegal under the Competition Act, subject to limited exceptions.

CanadaEmployment and HR

Author LinkedIn connections

Wage-fixing and "no-poach" agreements between employers are now illegal under the Competition Act, subject to limited exceptions. While the Competition Bureau has issued guidelines regarding its intended approach to enforcing these changes, Canadian businesses should be aware of the potential impact of these changes on their day-to-day operations to remain in compliance with the Competition Act and avoid potentially significant fines or even prison time.

What has changed?

The Competition Act now prohibits agreements between unaffiliated employers – even those that do not compete with one another – from:

Wage-Fixing. Fixing, maintaining, decreasing, or controlling salaries, wages, or any other "terms or conditions" of employment that may influence an employee's decision on where to work, such as benefits, bonuses, work hours, etc.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Executive Compensation Guide

CanadaEmployment and HR

Blake, Cassels & Graydon LLP

Projet de loi C-39 : changements proposés à la négociation collective et au règlement des différends

CanadaEmployment and HR

McCarthy Tétrault

Investigator Chronicles Ep. 5 Ft. Lisa Southern (Video)

CanadaEmployment and HR

RT Workplace Training & Consulting Inc.

Building The Workforce Needed For Sustainable Manufacturing Growth

CanadaEmployment and HR

Les femmes qui influencent l’avenir du droit : Cinq leçons sur le leadership et la croissance professionnelle

CanadaEmployment and HR

McCarthy Tétrault

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Technology Outsourcing

Comparative Guide

Employee Incentives

See more popular content from

Employment and HR

New Regulations For Gig Workers In Ontario And British Columbia

Canada's gig economy continues to grow steadily, with nearly half a million Canadians now engaged in this type of work. Many businesses rely on this form of highly flexible labour...

CanadaEmployment and HR

Aird & Berlis LLP

Provincial Employment Law Update: Key Changes Impacting Employers In Québec, Ontario, And British Columbia

Keeping up with employment law in Canada used to be a marathon. Now, it's a sprint. For employers in Québec, Ontario, and British Columbia, a significant volume of new legislation...

CanadaEmployment and HR

Remembrance Day Becomes A National Holiday – But Still Not A Paid Holiday For Many Employees

Since the end of the First World War, Canadians have recognized November 11 as Remembrance Day, a day to honour members of our armed forces who have died in the line of duty.

CanadaEmployment and HR

McCarthy Tétrault

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.

CanadaEmployment and HR

Remember...The 11th Of November? Remembrance Day Becomes A Legal Holiday

On March 1, 2018, An Act to amend the Holidays Act (Remembrance Day) received royal assent and became law.

CanadaEmployment and HR

New Pay Transparency Reporting Deadline Approaching For BC Employers

Starting November 1, 2026, BC's pay transparency reporting obligation expands to cover employers with 50 or more employees, significantly broadening the scope of the Pay Transparency Act and Pay Transparency Regulation (the "Act").

CanadaEmployment and HR

New Pay Transparency Rules In British Columbia

The Canadian province of British Columbia has introduced measures that prohibit employers from asking job applicants for pay history information.

CanadaEmployment and HR

Bill C-39: Big Changes Are Coming To Federal Workplace Rules

The federal government has tabled Bill C-39, introducing sweeping reforms to the Canada Labour Code that will fundamentally reshape union negotiations, dispute resolution, and workplace enforcement for federally regulated employers. These changes, stemming from extensive public consultations with over 26,000 responses, grant new ministerial powers while expanding government enforcement capacity by 70% through the hiring of 100 additional health and safety officers.

CanadaEmployment and HR

Torkin Manes LLP

Employment Update: Ontario Introduces Bill 105, The Protecting Ontario's Workers And Economic Resilience Act, 2026

On April 20, 2026, the Ontario government introduced Bill 105, known as the Protecting Ontario's Workers and Economic Resilience Act, 2026 (the "POWER Act"), for first reading.

CanadaEmployment and HR

Blaney McMurtry LLP

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.

CanadaEmployment and HR