Bribery is a serious crime in Canada. Bribery refers to offering, promising, giving, accepting, or soliciting an advantage to induce an action that is illegal, unethical, or a breach of trust. Corruption refers to the abuse of power for private gain. Bribery and corruption of foreign government officials represent risks to the rule of law, and rules-based trade and investment.

Canada has enacted laws to fulfill anti-bribery and anti-corruption obligations under the United Nations Convention against Corruption[1] and the Inter-American Convention Against Corruption. [2] The Corruption of Foreign Public Officials Act [3] (“CFPOA”) criminalizes foreign bribery and corruption. The Criminal Code of Canada criminalizes domestic bribery [4]. The Freezing Assets of Corrupt Foreign Officials Act [5] provides powers to seize, freeze, or sequester property inappropriately acquired by foreign public officials.

Under the CFPOA it is an offence for a person, in order to obtain an advantage in the course of business, to offer a loan, reward, advantage or benefit to a foreign public official in return for an act or omission of an official or as an inducement.[6] It is also an offence to maintain deceptive books and records in order to bribe a foreign public official.[7] A person convicted of CFPOA offence may be liable to imprisonment for up to 14 years.

Enhanced Canadian anti-bribery and anti-corruption legislation seems likely. Observers have called for a more protective due diligence, and transparency measures. These new measures may include whistleblower protection, penalties for not preventing bribery, and the publication of investigations and prosecutions.

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[1] Canada signed the UN Convention on May 21, 2024 and ratified on October 2, 2007.

[2] Canada signed the Inter-American Convention on June 7, 1999 and ratified it on June 6, 2000.

[3] S.C. 1998, c. 34.

[4] RSC, 1985, C-46.  See section 118 (definition of official), section 119 (bribery of judicial officer) and section 120 (bribery of officers).

[5] S.C. 2011, c. 10.

[6] See subsection 3(1) (Bribing a foreign public official).

[7] See subsection 4(1) (Accounting).