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Marginal note:Trade secret

• 391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

• Marginal note:Trade secret — prior knowledge

  (2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).

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• Marginal note:For greater certainty

  (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.

• Marginal note:Definition of trade secret

  (5) For the purpose of this section, trade secret means any information that

  • (a) is not generally known in the trade or business that uses or may use that information;

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Marginal note:Conspiracy in restraint of trade

• 466 (1) A conspiracy in restraint of trade is an agreement between two or more persons to do or to procure to be done any unlawful act in restraint of trade.

• Marginal note:Trade union, exception

  (2) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful within the meaning of subsection (1).

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Marginal note:Saving

• 467 (1) No person shall be convicted of the offence of conspiracy by reason only that he

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  • (b) does any act or causes any act to be done for the purpose of a trade combination, unless that act is an offence expressly punishable by law.

• Definition of trade combination

  (2) In this section, trade combination means any combination between masters or workmen or other persons for the purpose of regulating or altering the relations between masters or workmen, or the conduct of a master or workman in or in respect of his business, employment or contract of employment or service.

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425 Every one who, being an employer or the agent of an employer, wrongfully and without lawful authority

• (a) refuses to employ or dismisses from his employment any person for the reason only that the person is a member of a lawful trade union or of a lawful association or combination of workmen or employees formed for the purpose of advancing, in a lawful manner, their interests and organized for their protection in the regulation of wages and conditions of work,

• (b) seeks by intimidation, threat of loss of position or employment, or by causing actual loss of position or employment, or by threatening or imposing any pecuniary penalty, to compel workmen or employees to abstain from belonging to any trade union, association or combination to which they have a lawful right to belong, or

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2 In this Act,

organization

organization  means

• (a) a public body, body corporate, society, company, firm, partnership, trade union or municipality, or

public officer

public officer  includes

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• (d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation; (fonctionnaire public)

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