Anti-corruption regulation—Canada—Q&A guide
Anti-corruption regulation—Canada—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—Canada—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Canada published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Borden Ladner Gervais LLP—Milos Barutciski

1. To which international anti-corruption conventions is your country a signatory?

Canada has signed and ratified the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials (the OECD Anti-Bribery Convention), the Organization of American States Inter-American Convention against Corruption, and the United Nations Convention against Corruption (UNCAC). When ratifying the UNCAC and the Inter-American Convention, Canada declared that it would not create an offence of 'illicit enrichment' as set out in UNCAC article 20, and Inter-American Convention article IX, because such an offence would be contrary to the presumption of innocence guaranteed by Canada's Constitution.

Canada is a party to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which entered into force on 30 December 2018. Canada is also a signatory to the United States-Mexico-Canada Agreement (USMCA), which entered into force on 1 July 2020 and replaced the North American Free Trade Agreement. The CPTPP and USMCA each have anti-corruption chapters that set out similar obligations on parties to those agreements: CPTPP Chapter 26, 'Transparency and Anticorruption', and USMCA Chapter 27, 'Anticorruption'. The agreements require parties to establish criminal offences related to bribery and

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