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Canada: Employers – Comply or face criminal liability on no poach and wage fixing agreements

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In brief

Amendments to the Competition Act that come into force on 23 June 2023 will make it a criminal offense for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada.

In this In Focus video, our Labour and Employment and Competition and Foreign Investment Review lawyers discuss the risks associated with non-compliance and what employers should consider as they prepare for the prohibition to come into effect. 

Speakers: Andrew Shaw, Arlan Gates and Justine Johnston.

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Author

Andrew Shaw is a partner in the Firm's Employment & Compensation Law Group. Prior to attending law school, Andrew held labour relations/human resources positions at both private and public sector companies. In these roles, he managed workplace disputes and grievances to an appropriate resolution, assisted internal clients with the interpretation of employment-related legislation, and provided counsel to senior management as required. Andrew assists clients with all aspects of the employment relationship, both unionized and non-unionized, in the province of Ontario and throughout Canada. He advises and represents employers in matters regarding employment standards, wrongful dismissals, human rights, labour relations/arbitration, union organizing, collective bargaining, occupational health and safety, pay equity, and workplace investigations.

Author

Arlan Gates practices commercial and regulatory law as a member of Baker McKenzie's Global International Commercial & Trade and Antitrust & Competition groups. He leads the Canadian Antitrust, Competition and Foreign Investment Practice, which has been ranked by The Legal 500 and Chambers Canada. He is also ranked by Chambers Canada and by Best Lawyers in the area of advertising, marketing and data protection law and leads the Canadian Advertising, Marketing and Regulatory Practice, providing support to domestic and international businesses on regulatory aspects of market entry and ongoing commercial operations in Canada and abroad. Arlan joined Baker McKenzie as a summer associate in 1999 and has also worked in the Firm's Sydney office.

Author

Justine Johnston is a senior associate in Baker McKenzie’s International Commercial Practice Group and the Global Antitrust & Competition Group, focusing on competition/antitrust law and foreign investment review.

Justine has been recognized in WWL's Competition Future Leaders - Non-Partners 2023 category.

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