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ARTICLE · 03 DECEMBER 2012

No More House Arrest For Competition Act Offenders As Amendments Enter Into Force

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On November 20, 2012, amendments to the sentencing provisions of the "Criminal Code", introduced by Bill C-10, the "Safe Streets and Communities Act", entered into force.

CanadaAntitrust/Competition Law

On November 20, 2012, amendments to the sentencing provisions of the Criminal Code, introduced by Bill C-10, the Safe Streets and Communities Act, entered into force. The Safe Streets Act received Royal Assent on March 13, 2012. It amends several statutes, including the Criminal Code, and removes the availability of conditional sentences for those convicted of conspiracy or bid-rigging offences under sections 45 and 47 of the Competition Act. Conditional sentences, which are sentences served in the community (i.e., house arrest), are available for offences that do not carry a minimum sentence and where the court imposes a sentence of less than two years.

As of November 20, the Safe Streets Act removed offences carrying a maximum sentence of 14 years or life imprisonment from eligibility for conditional sentences. Conspiracy and bid-rigging fall into this category with their 14-year maximum sentences, as of the 2009-10 amendments to the Competition Act. The amendments

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