Non-solicitation clauses in commercial IT agreements: Upcoming Competition Act changes
On June 23, 2023, new prohibitions on non-solicitation agreements will come into force based on amendments to s. 45 of the Competition Act (the “Act”). Under ss. 45(1.1)(b) and 45(2) of the Act, unaffiliated employers who agree not to solicit each other’s employees may be guilty of an indictable offence and liable on conviction to imprisonment of less than 14 years, a fine in the court’s discretion, or both.