Commercial Leasing: New Competition Act Rules Empower Private Parties

The competition rules affecting commercial leasing in Canada have just changed.

As of June 20, 2025, private parties now have the right to bring applications under section 90.1 of the Competition Act (the "Act"). For commercial landlords and tenants, this marks a major new enforcement risk: exclusivity clauses that restrict competition may now be directly challenged not just by the Competition Bureau, but by private businesses – including competitors, suppliers, or even potential tenants.

The focus of this post is commercial leasing; however, the same considerations will apply to franchises, grocers, and suppliers. This post explores what affected parties need to know about the expanded powers under section 90.1, and how exclusivity clauses could now trigger fines, damages, and legal scrutiny.