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ARTICLE · 15 NOVEMBER 2017

Facilitation Payments Declared Illegal Under Canadian International Corruption Law

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The government of Canada announced on October 30 that the exception allowing for facilitation payments under the Corruption of Foreign Public Officials Act (CFPOA) will be eliminated effective October 31, 2017.

CanadaCriminal Law
Sabrina Bandali
Sabrina Bandali
Jessica Horwitz
Jessica Horwitz
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The government of Canada announced on October 30 that the exception allowing for facilitation payments under the Corruption of Foreign Public Officials Act (CFPOA) will be eliminated effective October 31, 2017.

The CFPOA was amended in 2013 to strengthen Canada’s international corruption law. Among other things, the 2013 amendments introduced nationality jurisdiction, thus making Canadian companies and citizens liable for corruption anywhere in the world, increased penalties for bribery from a maximum of 5 years imprisonment to 14 years and created a new books and records offence. These and other amendments came into force on June 19, 2013.

The amendments also repealed the exception for facilitation payments in section 3(4) of the CFPOA. However, the amending legislation provided that the repeal of facilitation payments would only come into force on a date to be determined by the federal cabinet to give companies sufficient time to adapt their practices and

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