Trade secrets protection
Trade secrets protection is the set of legal and practical measures a business uses to keep valuable confidential information, such as formulas, processes, customer lists, pricing and source code, from being misused or disclosed. Protection lasts only as long as the information remains secret and the business takes reasonable steps to keep it confidential.
How BC law treats it
BC has no trade secrets statute. Protection comes from the equitable action for breach of confidence (Lac Minerals Ltd v International Corona Resources Ltd, [1989] 2 SCR 574), confidentiality and employment agreements, and fiduciary duties, and the Criminal Code, RSC 1985, c C-46, s. 391 creates a trade secret offence.
What it means for your business
Mark confidential information, limit access, and use confidentiality and non solicitation agreements with employees and contractors.
Risks and common mistakes
Disclosing secret information without a confidentiality obligation can mean it is no longer protected.
For the full explanation, see our entry on Trade secrets.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
