Strengthening Canada’s Fight Against Foreign Bribery: A Warning to Canadian Companies
Over the last 15years, governments around the world have indicated their willingness to implement laws prohibiting the bribery of foreign public officials (a “Foreign Official”) in connection with attempting to secure a business advantage. While Canada has had anti-corruption legislation in place since 1998 in the form of the Corruption of Foreign Public Officials Act (Canada)1 (the “CFPOA”), it has been limited in scope and minimally enforced by Canadian authorities. However, recent developments have clearly illustrated that this area of the law is changing, both from a legislative and enforcement standpoint. On June 19, 2013, the Canadian government enacted amendments to the CFPOA (the “Amended CFPOA”), implementing a variety of changes aimed at strengthening both the scope and application of the legislation. This initiative appears to be consistent with the increased vigour that Canadian enforcement authorities have shown in the last two years towards anti-corruption related matters, which have included two significant convictions resulting in penalties in the range of $10 million for each company as well as the first conviction of an individual under the CFPOA. Canadian companies should revisit the legislation and ensure that they understand the implications of the Amended CFPOA to avoid encountering compliance-related issues.
Key Changes to the Corruption of Foreign Public OfficialsAct (Canada)
 Corruption of Foreign Public Officials Act,SC 1998, c. 34 (“CFPOA”).
 See Section 5,CFPOA.
 See definition of“business” under Section 2, CFPOA.
- EU Removes UAE from Tax Blacklist
- Sustainability Reporting: To What End?
- UAE Ministry of Finance Issues Guidance on Economic Substance Regulations
- Panama Seeks to Adopt a Framework Law for Public-Private Partnerships
WSG Member: Please login to add your comment.