Canada Toughens Anti-Corruption Laws

INTRODUCTION

On February 5, 2013, the Canadian government introduced amendments to the Corruption of Foreign Public Officials Act (CFPOA) that close significant loopholes, create new offences and generally strengthen Canada's anti-corruption legislation. These amendments, when passed, will be one of the most significant developments in Canada's battle against bribery and corruption since the enactment of the CFPOA and, in conjunction with recent prominent enforcement proceedings, will further raise the stakes for individuals and companies conducting business abroad. Notably, the proposed amendments to the CFPOA include increasing the maximum sentence of imprisonment, eliminating facilitation payments, creating a new books and records offence, and significantly expanding the application of the CFPOA to the worldwide conduct of Canadian citizens and companies. The amendments are discussed further below.