Competition Act (R.S.C., 1985, c. C-34)

AMENDMENTS NOT IN FORCE

• — 2022, c. 10, s. 257

  • • 257 (1) Subsections 45(2) and (3) of the Act are replaced by the following:

      • Conspiracies, agreements or arrangements regarding employment

        (1.1) Every person who is an employer commits an offence who, with another employer who is not affiliated with that person, conspires, agrees or arranges

        • (a) to fix, maintain, decrease or control salaries, wages or terms and conditions of employment; or

        • (b) to not solicit or hire each other’s employees.

      • Penalty

        (2) Every person who commits an offence under subsection (1) or (1.1) is guilty of an indictable offence and liable on conviction to imprisonment for a term not exceeding 14 years or to a fine in the discretion of the court, or to both.

      • Evidence of conspiracy, agreement or arrangement

        (3) In a prosecution under subsection (1) or (1.1), the court may infer the existence of a conspiracy, agreement or arrangement from circumstantial evidence, with or without direct evidence of communication between or among the alleged parties to it, but, for greater certainty, the conspiracy, agreement or arrangement must be proved beyond a reasonable doubt.

    • (2) The portion of subsection 45(4) of the Act before paragraph (a) is replaced by the following:

      • Defence

        (4) No person shall be convicted of an offence under subsection (1) or (1.1) in respect of a conspiracy, agreement or arrangement that would otherwise contravene that subsection if

    • (3) Subsection 45(7) of the Act is replaced by the following:

      • Common law principles — regulated conduct

        (7) The rules and principles of the common law that render a requirement or authorization by or under another Act of Parliament or the legislature of a province a defence to a prosecution under subsection (1), as it read immediately before the coming into force of this section, continue in force and apply in respect of a prosecution under subsection (1) or (1.1).