Many employment contracts still contain non-compete clauses that are now void by law. Relying on one, or signing one, without knowing the rules is a mistake.
Since late 2021, Ontario prohibits non-compete agreements with employees, and a prohibited non-compete entered into on or after that date is void. An employer that relies on such a clause may find it worth nothing.
Two main exceptions survive. Non-competes are still permitted with certain executives, defined by senior titles such as CEO, president and other chief officers, and in connection with the sale of a business, where the seller agrees not to compete with the buyer. Outside those, an employee non-compete is generally unenforceable.
Protecting a business's clients, staff and confidential information is still possible, but it must be done through the tools the law still permits. Getting the drafting right is the difference between real protection and a clause worth nothing.
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Book a Consultation许多雇佣合同里仍写着如今已被法律作废的竞业禁止条款。不了解规则就依赖它、或签下它，都是错误。
自2021年底起，安省禁止与员工签订竞业禁止(non-compete)协议；在此日期当日或之后签订的违禁竞业条款无效。依赖此类条款的雇主，可能发现它一文不值。
两项主要例外仍然存在：仍可与某些“高管”（以 CEO、总裁等高级“chief”职位界定）签订竞业禁止；以及在企业出售中，卖方同意不与买方竞争。除此之外，针对员工的竞业禁止一般不可执行。
保护企业的客户、员工与机密信息仍然可行，但必须借助法律仍允许的工具。起草是否得当，就是“真正的保护”与“一文不值的条款”之间的区别。