Canada Sees Its Second-Ever Remediation Agreement

The Superior Court of Quebec (Court) recently published its decision approving Canada's second-ever remediation agreement. The decision and the terms of the remediation agreement provide important insights into the process of negotiating and approving remediation agreements, as well as benchmarks for what penalties and compliance obligations organizations can expect when resolving Canadian criminal prosecutions related to foreign corruption through a remediation agreement.

Remediation agreements are similar to deferred prosecution agreements in the United States and United Kingdom. They provide an alternative process for an organization accused of certain criminal offences to resolve charges against it by agreeing to certain penalties and/or ongoing cooperation and compliance obligations without entering a guilty plea.