Pétroles Global: Calculating Fines Imposed On Corporations

When an organization – including a corporation, a company or a partnership – is found guilty of a criminal offence, section 718.21 of the Criminal Code requires a court to take a number of factors into consideration when determining the fine, including:

• any profits realized as a result of the offence;
• the economic viability of the organization and continued employment of the employees;
• any restitution made by the organization to the victims; and
• measures taken by the organization to prevent repeat offences.

Rarely have these factors (since their coming into force in 2004) been the subject of such detailed analysis as in R. c. Pétroles Global inc., 2015 QCCS 1618, a recent decision of the Superior Court of Québec. In its ruling, the Court rejected purely arithmetical calculations in favour of a multifactorial approach, and fined the company $1 million, even though the offence had been committed without the knowledge of senior management and the