Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 AUGUST 2025

Failure To Prevent Fraud Guidance: Next Steps For Businesses

Gowling WLG
Gowling WLG
Contributor
Gowling WLG

Gowling WLG

The firm The firm’s lawyers speak English, French, Russian and Ukrainian. The firm’s client base...

View firm profile
Explore more from Gowling WLG

As the new corporate offence of failure to prevent fraud under the Economic Crime and Corporate Transparency Act (ECCTA) becomes effective from 1 September 2025, businesses must now navigate a major change in corporate liability.

CanadaCriminal Law
Emma Carr
Emma Carr
Catherine Naylor
Catherine Naylor
David Lowe
David Lowe
Samantha Holland
Samantha Holland
Anna Fletcher
Anna Fletcher
Sharon Ayres
Sharon Ayres
Author LinkedIn connections

As the new corporate offence of failure to prevent fraud under the Economic Crime and Corporate Transparency Act (ECCTA) becomes effective from 1 September 2025, businesses must now navigate a major change in corporate liability.

This FAQ answers some common questions and outlines what general counsel and compliance leaders must consider to prepare for the changes and implement effective fraud prevention measures.

Frequently asked questions

What is the new failure to prevent fraud offence?

Under p 199 of ECCTA, a "relevant body" (i.e. a large organisation) commits an offence if:

  • an associated person commits a specified fraud offence;
  • with intent to benefit the organisation or its clients; and

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Bill C-29 And Canada’s Proposed Financial Crimes Agency: What You Need To Know

Canada is poised to establish its first dedicated Financial Crimes Agency through Bill C-29, a legislative initiative that promises to reshape the country's approach to investigating and prosecuting financial offenses. The proposed agency would operate with broad investigative powers and a sweeping mandate covering everything from money laundering to digital asset crimes, backed by $352.7 million in federal funding over five years. With the authority to create its own specialized police force and coordinate
CanadaCriminal Law
McCarthy Tétrault
McCarthy Tétrault
Article

Lawyer Receives 6-Month Suspension For Misuse Of Artificial Intelligence (Law Society Of Ontario v. Lee)

The misuse of artificial intelligence by litigants and lawyers continues to be alarming. Although it is well-documented that generative artificial intelligence platforms have a tendency to produce inaccurate answers to legal questions, and, moreover, to produce output which references non-existing cases or which inaccurately portrays legal propositions in existing cases, these tools continue to be used recklessly.
CanadaCriminal Law
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

CBSA Anti-Dumping And Countervailing Duty Investigations: Truck And Bus Tires From China – What Producers, Exporters, And Importers Need To Know

Canada has initiated anti-dumping and countervailing duty investigations into truck and bus tires from China, with preliminary determinations expected by November 30, 2026. Producers, exporters, and importers—including companies from Korea, Japan, and Singapore with Chinese operations—face critical September and October deadlines to submit comprehensive responses or risk significantly higher duty rates.
CanadaInternational Law
Gowling WLG
Gowling WLG
Article

What Is The Hansa? From The Hanseatic League To Modern Cooperation Models

The term "Hansa" has re-emerged in modern geopolitical discourse, most notably through the 2026 Germany-Norway defence cooperation framework. This article examines how the principles of the medieval Hanseatic League—flexible coordination, shared standards, and mutual benefit without centralization—are being adapted to address contemporary challenges in defence, security, and cross-border collaboration.
GlobalInternational Law
Gowling WLG
Gowling WLG
Article

Peptides In Canada: Regulatory Reality Is Catching Up With The Hype

Health Canada's recent enforcement action against unauthorized injectable peptides signals a regulatory shift that wellness companies cannot afford to ignore. While peptides dominate influencer marketing and online wellness spaces, their legal status in Canada depends on factors far more complex than social media trends suggest. Understanding how route of administration, therapeutic claims, and market authorization intersect is now critical for compliance.
CanadaConsumer Protection
Gowling WLG
Gowling WLG
Article

The Warranty Of Good Working Order: New Québec Consumer Protection Regulation Takes Effect October 5, 2026

Starting October 5, 2026, Québec will introduce a new statutory warranty of good working order for consumer goods such as appliances and electronics, with minimum warranty periods ranging from 3 to 6 years. The legislation imposes disclosure obligations on manufacturers and merchants while prohibiting any attempts to exclude or limit this warranty. Businesses operating in Québec must adapt their practices to comply with these consumer protection requirements or face potential compliance issues.
CanadaConsumer Protection
Gowling WLG
Gowling WLG
Article

Canadian Product Stewardship And EPR: 2026 Summer Update

Canadian governments and producer-responsibility organizations are refining extended producer responsibility programs across the country, affecting packaging, batteries, electronics, and hazardous products. Recent regulatory changes include expanded collection obligations, adjusted compliance timelines, and new enforcement measures, with significant developments in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, and Atlantic provinces.
CanadaEnvironment
Gowling WLG
Gowling WLG