Canadian Government Restricts Availability Of Conditional Sentences ("House Arrest")

New Law Applies to Competition Act Cartel Offences

May Limit Flexibility and Incentives for Leniency Arrangements

Almost three years ago, significant amendments were made to Canada's Competition Act¹ ("the Act") that substantially raised the stakes for parties caught participating in cartel conduct affecting Canada. These amendments were expected to lead to an escalation in cartel prosecutions and increased sanctions for individuals. Despite considerable initial speculation on the potential impact of the new law, the full implications are not yet clear almost two years later. Yesterday, adding further uncertainty to the implications of engaging in cartel conduct, Bill C-10, the Canadian government's omnibus crime bill, received Royal Assent. Bill C-10 brings into law far-reaching amendments that fundamentally change important aspects of Canada's criminal justice system, including restricting the availability of conditional sentences ("house arrest") for