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ARTICLE · 01 NOVEMBER 2017

Foreign Corruption: Canada Makes "Facilitation Payments" Illegal

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The Canadian government has repealed the exemption for "facilitation payments" that has been contained in the Corruption of Foreign Public Officials Act since it was enacted in 1998.

CanadaCriminal Law

The Canadian government has repealed the exemption for "facilitation payments" that has been contained in the Corruption of Foreign Public Officials Act since it was enacted in 1998.  Amendments which strengthened the CFPOA in 2013 included the changes needed to bring facilitation payments under the bribery offence, but they were not proclaimed in force until October 31, 2017.

What are facilitation payments?

Facilitation payments (often referred to as "grease payments") are generally regarded as payments made to expedite or secure the performance by a government official of the duties or functions of an act of a routine nature that is part of his or her duties. Typical examples include the issuance of licences or permits, the processing of official documents (e.g. visas or work permits), the provision of services that are normally offered to the public (e.g. telecommunications, rail, power and other utilities), and the provision of services that are provided

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