ARTICLE · 11 DECEMBER 2012
House Arrest Off The Table For Cartels And Bid-Rigging
On November 20, 2012, amendments to the Criminal Code of Canada under the Safe Streets and Communities Act (the SCCA) came into force, restricting the availability of conditional sentences for individuals convicted of certain offences, including conspiracy to fix prices and bid-rigging under the Competition Act.
CanadaAntitrust/Competition Law
On November 20, 2012, amendments to the Criminal Code of
Canada under the Safe Streets and Communities Act (the SCCA)
came into force, restricting the availability of conditional
sentences for individuals convicted of certain offences, including
conspiracy to fix prices and bid-rigging under the Competition Act.
Conditional sentences are non-custodial punishments, such as house
arrest, that may only be assessed where the judge determines the
offender is not a danger to the community. While these amendments
were not specifically directed at Competition Act offences, the
result of the legislative changes is to eliminate the discretion to
allow for serving custodial sentences for serious Competition Act
offences in the community.
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