News & Analysis as of

Corruption of Foreign Public Officials Act

Facilitation payments are no longer permissible under Canadian anti-corruption law

by Dentons on

As of October 31, 2017, “Facilitation Payments” are no longer a permissible category of payment under the Corruption of Foreign Public Officials Act, SC 1998, c 34 (the “CFOPA”). The removal of the exemption from the CFOPA...more

Canada Just Outlawed Facilitation Payments. Should You?

by Arnall Golden Gregory LLP on

On October 31, 2017, an amendment to the Corruption of Foreign Public Officials Act (“CFPOA”), Canada’s analog to the U.S. Foreign Corrupt Practices Act (“FCPA”), made illegal defined ‘facilitation payments.’ The CFPOA now...more

Facilitation Payments Declared Illegal Under Canadian International Corruption Law

by Bennett Jones LLP on

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....more

No More Grease Payments – Canada Repeals Exception for Facilitation Payments

As part of Canada’s 2013 significant overhaul to its foreign corrupt practices regime, the Corruption of Foreign Public Officials Act (CFPOA), Canada indicated an intention to repeal the exception for facilitation payments....more

Ontario Court Upholds Landmark Anti-Bribery Conviction

On July 6, 2017, in R. v. Karigar, the Ontario Court of Appeal (Court) dismissed an appeal by Mr. Nazir Karigar of his conviction for agreeing to offer a bribe to a foreign public official, contrary to section 3(1)(b) of the...more

Ontario Court of Appeal Upholds Karigar Conviction for Bribery of Foreign Public Official

by Bennett Jones LLP on

On July 6, 2017, the Ontario Court of Appeal upheld Nazir Karigar's conviction and three-year prison sentence for agreeing to bribe to a foreign public official contrary to the Corruption of Foreign Public Officials Act...more

RCMP Charge Calgary Man with Conspiracy to Bribe Thai Officials

The Royal Canadian Mounted Police (RCMP) have recently laid charges against the president of a Canadian commercial aircraft company under the federal Corruption of Foreign Public Officials Act (CFPOA), for allegedly...more

World Bank v. Wallace: SCC Endorses Importance of International Anti-Corruption Efforts

On April 29, 2016, the Supreme Court of Canada (SCC) upheld archival and personal immunities of an international organization (the World Bank Group) and its anti-corruption investigators. The SCC’s decision in World Bank...more

RCMP Terminates CFPOA Investigation Following Voluntary Disclosure

by Bennett Jones LLP on

The Royal Canadian Mounted Police (RCMP) has concluded an investigation into matters arising from a voluntary disclosure by Nordion Inc. (“Nordion”). In 2012, the company disclosed to the RCMP, the United States Securities...more

Legal Trends: Litigation & Dispute Resolution

In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those...more

The New Canadian Integrity Regime: Compliance Carrots to Join the Debarment Sticks

Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement,...more

Anti-Bribery Compliance in Canada: An Interview with Kristine Robidoux

Today we welcome Kristine Robidoux, Partner, Gowlings, for a view of anti-bribery and compliance issues from Canada. RB: Hello Kristine, thank you for joining me in today’s interview, as we try to share some of the...more

North of the 49th: Recent Developments in Canadian Anti-Corruption Enforcement

by Thomas Fox on

Ed. Note-I recently ask John Boscariol a partner at McCarthy Tétrault LLP if he could provide an update of anti-corruption comings and goings from North of the Border. John graciously responded with information which is...more

Risks of International Anti-Corruption Enforcement

by Michael Volkov on

White collar criminal investigations take time. Corruption investigations are no different. Everyone expected UK Bribery enforcement to quickly increase and cause complex headaches for companies operating in the global...more

Case Bulletin: R v Karigar, 2014 ONSC 3093

by Dentons on

For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of...more

First Jail Sentence Under Canada’s Corruption of Foreign Public Officials Act Sends Strong Message to Business Community

by Thomas Fox on

Ed. Note-recently it was announced that Canada had made its first Canadian anti-corruption law, the Corruptions of Public Officials Act. I ask John Boscariol, a partner at McCarthy Tétrault LLP if he could explain the...more

Prison Sentence in Air India Bribery Scheme Sends Deterrent Message to Canadian Executives

by Bennett Jones LLP on

On May 23, Nazir Karigar, an agent of Cryptometrics Canada Inc. (Cryptometrics), was sentenced to three years in federal prison under Canada’s foreign bribery statute. Mr. Karigar was convicted last August of conspiring to...more

Global Connection - November 2013: Anti-Corruption On a Global Scale: The FCPA is No Longer Considered the Only Game In Town

by Snell & Wilmer on

The Global Connection has extensively covered the U.S. Foreign Corrupt Practices Act (“FCPA”) over the years. With the advent of the U.K. Bribery Act, the FCPA was finally having real competition by another country as a...more

Canada's First Foreign Bribery Conviction Shows Trend in Increased Enforcement

On August 15, 2013, the Ontario Superior Court found Canadian national Nazir Karigar guilty of conspiring to offer a bribe to Indian government officials under the Corruption of Foreign Public Officials Act (“CFPOA”). The...more

Anti-Corruption Efforts to the North and South

by NAVEX Global on

What do Canada and Brazil have in common? If you said, “recent aggressive ramp up in anti-corruption efforts,” you’d be right. But what makes this all the more interesting is that these efforts are largely being driven by...more

Changes To The Canadian Anti-Corruption Regime Are Now In Force

by Thomas Fox on

Ed. Note-this has been a-buzz from North of the Border, where it was announced that Canada was amending its Canadian anti-corruption law, the Corruptions of Public Officials Act. On June 19, 2013, Bill S-14: The Fighting...more

Canada Continues Its Aggressive Push In Anti-Corruption Enforcement

by Michael Volkov on

Several years ago, Canada was regularly cited for its lack of commitment to anti-corruption enforcement. Canada got the message and it ramped up its anti-corruption program....more

Tougher Canadian Foreign Corruption Law Raises the Stakes for Officers and Directors

by Bennett Jones LLP on

Canada has significantly strengthened its Corruption of Foreign Public Officials Act (CFPOA) including by adding a new offence that will expand the grounds for criminal liability for corporations and their directors, officers...more

Canada Strengthens Its Laws Against Bribery Of Foreign Public Officials

by Dentons on

Amendments to the Corruption of Foreign Public Officials Act (CFPOA) that were proposed in Bill S-14 earlier this year were passed into law on June 19, 2013. ...more

Canada To Strengthen Its Laws Against Bribery Of Foreign Public Officials

by Dentons on

Mining and exploration companies with projects in developing nations should take note that an amendment to the Corruption of Foreign Public Officials Act (CFPOA) has been approved by the Senate and is currently before the...more

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