Top Menu

Make Your Voice Heard – Canada’s DPA Consultation Process

Soapbox

The Government of Canada has released this public consultation paper to consider the “possibility of introducing a Canadian deferred prosecution regime as an additional tool for prosecutors to be used in appropriate circumstances to address corporate crime.” The Government of Canada is seeking feedback until November 17th and I encourage you to make your voice heard.

Set forth below is the text of my submission to the Government of Canada urging it to reject DPAs. Among other things, my submission highlights that Canada’s justifications for DPAs are based on assumptions about DPAs in the U.S. that lack evidence or assumptions undermined by actual evidence.

Continue Reading

Facilitation Payments Declared Illegal Under Canadian International Corruption Law

Canada2

Today’s post is from Toronto-based Bennett Jones attorneys Milos Barutciski, Matthew Kronby and Jessica Horwitz.

The government of Canada announced on October 30 that the exception allowing for facilitation payments under the Corruption of Foreign Public Officials Act (CFPOA) will be eliminated effective October 31, 2017.

The CFPOA was amended in 2013 to strengthen Canada’s international corruption law. Among other things, the 2013 amendments introduced nationality jurisdiction, thus making Canadian companies and citizens liable for corruption anywhere in the world, increased penalties for bribery from a maximum of 5 years imprisonment to 14 years and created a new books and records offence. These and other amendments came into force on June 19, 2013.

Continue Reading

FCPA Flash – A Conversation With Jonathan Drimmer (VP & Deputy GC of Barrick Gold Corp.)

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Jonathan Drimmer (V.P. & Deputy General Counsel of Barrick Gold Corp. a Canadian company with shares traded in the U.S.). During the podcast, Drimmer answers which law (the FCPA or Canada’s Corruption of Foreign Public Officials Act) and its enforcement keeps him up more at night; the challenges of compliance including third party due diligence; and training best practices including whether there is compliance fatigue.

Continue Reading

Canada Should Say No To DPAs

no2

On June 17, 2015, I attended a meeting in Toronto at the invitation of Transparency International – Canada Legal Committee. My powerpoint presentation titled “Canada Should Say No to DPAs” is here.

Given the types of individuals in the room and those joining the meeting via phone (generally speaking lawyers, accountants and others who stand to benefit from more enforcement of Canada’s Corruption of Foreign Public Officials Act – CFPOA), I didn’t really expect to change minds regarding the then early push by certain Canadian participants to adopt DPAs to resolve alleged instances of CFPOA scrutiny.

Thus, I was not surprised to read this July 2017 report released by TI-Canada titled “Another Arrow in the Quiver? Consideration of Deferred Prosecution Agreement Scheme in Canada.” This post analyzes the TI-Canada report and just like I urged the U.K. not to adopt DPAs (see here), just like I urged Australia not to adopt DPAs (see here), I urge Canada not to adopt DPAs.

Continue Reading

FCPA Flash – A Conversation With Milos Barutciski Regarding Canada’s Corruption Of Foreign Public Official’s Act

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash podcast is a conversation with Milos Barutciski (Bennett Jones – Toronto) regarding Canada’s FCPA-like law, the Corruption of Foreign Public Officials’ Act. (CFPOA). During the podcast, Barutciski discusses: some of the differences between the CFPOA and the FCPA; how enforcement of the CFPOA is different than enforcement of the FCPA; and whether Canadian companies subject to the FCPA are more concerned with CFPOA enforcement or FCPA enforcement.

Continue Reading

Powered by WordPress. Designed by WooThemes