Know-how is not protected by a statute in BC. It is protected through contract and the equitable action for breach of confidence, provided the information is kept confidential. Restrictive covenants given by a seller of a business are more readily enforced than those given by employees, but must still be reasonable.
A buyer should require the seller to document the know-how, provide transition support and keep it confidential after closing.
If key know-how sits with employees who are not bound by confidentiality obligations, it may leave with them after the sale.
For the full explanation, see our entry on Assignment of intellectual property.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.