The Canadian government, as part of Bill C-74-1 the Budget
Implementation Act introduced on March 27, 2018, finally
introduced a bill that would make deferred prosecution agreements
(DPAs) part of the Criminal Code. This new prosecutorial
tool would represent a significant shift in Canada's approach
towards corporate wrongdoing – one that aligns Canada more
closely with global trends. The introduction swiftly follows the
consultation process, which wrapped up in December. DPAs will be
available for certain not-yet-disclosed offences.
As in other jurisdictions that recently introduced DPAs, such as
in
Singapore and
Australia, Canada's remediation agreement framework is
expected to encourage corporations to voluntarily disclose
wrongdoing, implement remediation measures, and hold corporate
entities accountable. In Canada, like the UK and unlike the US, the
proposed remediation agreement framework would be subject to
judicial approval.
