Competition Act

Overview

The Competition Act (LRC 1985, c. C-34) provides protection for employees who disclose information to the Commissioner of Competition regarding a past or potential offence of the Act. Any person who has reasonable grounds to believe that a person has committed or intends to commit an offence under the Act, may notify the Commissioner of the particulars of the matter and may request that his or her identity be kept confidential with respect to the notification.

What kind of disclosure is protected?

The Act protects any person, including any independent contractor, who, while acting in good faith and on the basis of reasonable belief, has disclosed information to the Commissioner of Competition s.66.1(1) regarding a past or potential offence of the Competition Act s.66.2(1).

Who is eligible for protection?

This Act protects any employee who acts in good faith and on the basis of reasonable belief when disclosing information to the Commissioner of Competition s. 66.2(1).

How are whistleblowers protected?

Employees may request that the Commissioner keep their identity confidential s.66.1(1)-(2).

No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that:

  • the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has committed or intends to commit an offence under this Act;
  • the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act;
  • the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that an offence not be committed under this Act; or
  • the employer believes that the employee will make a disclosure to the Commissioner, prevent or state an intention to prevent an offence under this Act from being committed, or refuse to commit an offence under this Act s. 66.2(a)-(d).

How should disclosures be made?

Be careful! Despite presenting some challenges for follow ups, one of the best protections for whistleblowers is their anonymity. Be cautious when providing any information through electronic means, especially emails! Read the security tips section.

Notification of violation of the Act can be reported to the Competition Bureau through the online Complaint form.

Members of the public who wish to report a cartel can refer to the Criminal Cartel Whistleblowing Initiative. 

 Competition Bureau’s Information Centre can be reached:

  • By telephone Number: 1-800-348-5358 
  • By TDD (for hearing impaired): 1‑866‑694‑8389
  • By Fax: 819-997-0324