Immunity and Leniency programs updated to include wage-fixing and no-poaching agreements

From: Competition Bureau Canada

News release

June 19, 2024– GATINEAU,QC – Competition Bureau

The Competition Bureau and the Public Prosecution Service of Canada (PPSC) issued updated Immunity and Leniency Programs today to include the Competition Act’s new wage-fixing and no-poaching provisions.

The new criminal conspiracy provisions, which came into force on June 23, 2023, prohibit companies from undermining competition by:

  • Agreeing to fix, maintain, decrease or control wages or other terms of employment; or
  • Agreeing to refrain from soliciting or hiring each other’s employees.

The Bureau and the PPSC have updated the programs to expand their application to wage-fixing and no poaching agreements.

The update increases transparency and predictability for potential applicants. It also enhances the ability of both organizations to prepare cases for prosecution.

Quick facts

  • The Immunity and Leniency Programs offer immunity from prosecution or lenient treatment to an individual or business who is willing to terminate their participation in serious criminal activity under the Competition Act and provide significant cooperation to an investigation.

  • The Bureau administers the programs together with the PPSC, which is responsible for prosecuting federal offences. 

  • The programs have consistently proven to be the Bureau’s most effective tools for detecting and stopping unlawful conduct prohibited by the Competition Act.

  • The Bureau and the PPSC will continue to review and update the programs as required in light of changing circumstances and decisions by the courts.

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The Competition Bureau is an independent law enforcement agency that protects and promotes competition for the benefit of Canadian consumers and businesses. Competition drives lower prices and innovation while fueling economic growth.

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