In recognition of the Society of Corporate Compliance and Ethics’s Corporate Compliance & Ethics Week starting November 1, 2026, the CBA Competition Section Corporate Counsel and Compliance Committee is posting short blogs on each of November 2 – 6, 2026, with the goal of helping foster compliance with the Competition Act. These blogs identify risks under the Competition Act associated with regular business activities – pricing & advertising, greenwashing, and dealings with competitors – and how to avoid inadvertently contravening the Competition Act. They also provide a primer on the Competition Bureau’s consideration of compliance programs and its guidance materials for legal and compliance professionals. While corporate counsel need not be experts in competition law, an increased awareness of potential risks associated with day-to-day business operations may facilitate compliance.
November 2 (Blog #1) The Essential Role of Compliance Programs for Businesses
Competition law touches every business, regardless of its size, sector, or geographic reach. Ignorance of the law is no defence, making proactive compliance essential for all Canadian enterprises.
Compliance programs are more than a collection of policies; they are a framework for legal and ethical business conduct. Successful programs start with commitment from senior leadership, a clear assessment of risk areas, and tailored policies suited to an organization’s resources and risk profile. They should include practical measures, ongoing training, and they should empower staff to report misconduct. Regular monitoring, auditing, and program revisions keep compliance efforts robust and relevant in a changing environment.
The importance of compliance is highlighted by recent enforcement actions: instances of price-fixing, bid-rigging, and deceptive marketing have led to multimillion-dollar fines, reputational damage, and even criminal records for individuals involved.
The Competition Bureau considers a business’s compliance program when assessing how to resolve criminal and civil matters in areas such as conspiracies, deceptive marketing practices, and abuse of dominance. A credible and effective compliance program may influence the Bureau's decision to recommend prosecution or pursue voluntary and negotiated settlements, and can help businesses discover possible offences early, supporting applications for immunity or leniency. While having a compliance program is not a formal requirement for settlement, businesses may be asked to review, improve, or establish one as part of the resolution process. Demonstrating robust compliance efforts can also assist businesses in advancing a defence of due diligence under the Competition Act.
The Competition Bureau’s Compliance Hub provides valuable resources and guidance to help companies embed compliance within their everyday operations.
Credit: Youssef Girgis, Senior Competition Law Officer, Competition Bureau
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