Category: Business Crimes Investigations & Compliance

Another Step Forward: Canada Announces Impending DPA Legislation and Further Integrity Regime Amendments

February 27, 2018

On February 22, 2018, Public Services and Procurement Canada (PSPC) released the results of its public consultation on corporate wrongdoing and announced impending legislative and policy changes that will reshape Canada’s white-collar enforcement landscape. The consultation focused on the potential introduction of a Canadian deferred prosecution agreement (DPA) regime and the effectiveness of the government-wide Integrity Regime (Integrity Regime). Concurrent…

Fight Against Corruption: Quebec Grants UPAC Greater Independence, Authorizes Agreements with Cooperating Witnesses

February 21, 2018

The recommendations of the Charbonneau Commission report filed in November 2015 continue to resonate within the Quebec legislative landscape. An Act to increase the jurisdiction and independence of the Anti-Corruption Commissioner and the Bureau des enquêtes indépendantes and expand the power of the Director of Criminal and Penal Prosecutions to grant certain benefits to cooperating witnesses (Act), implementing several of…

“Insider” Trading: Who Is an Insider?

January 31, 2018

The Ontario Court of Appeal’s decision in Finkelstein v. Ontario Securities Commission clarifies when a recipient of material, non-public information (MNPI) about a public issuer (a “tippee”) may be liable for insider trading or tipping. In particular, the court addresses when a person may be inferred to be in a “special relationship” with an issuer sufficient to ground liability. The…

Corporate and Financial Crimes Series, #2: Criminal Fraud

January 17, 2018

This is the second instalment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This instalment discusses criminal fraud defined in the Criminal Code and the elements of this offence that in-house counsel need to know.

Corporate and Financial Crimes Series

December 5, 2017

In this six-part series on corporate and financial crimes, we outline basic principles of criminal and quasi-criminal law that may arise in the running of a business. Our lawyers also provide brief answers to questions that in-house counsel routinely ask relating to these issues. Criminal Law 101 Criminal Fraud Bribery & Corruption Offences Money Laundering Securities-Related Offences Competition Register to receive…

Corporate and Financial Crimes Series, #1: Criminal Law 101

December 5, 2017

This is the first instalment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This instalment discusses important aspects of the Criminal Code for Canadian organizations.

New Canadian Sanctions Legislation in Effect: Sergei Magnitsky Law

November 7, 2017

On November 3, 2017, the Government of Canada introduced regulations under the recently enacted Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML) imposing an asset freeze on a number of foreign nationals identified by the government to be responsible for, or complicit in, significant corruption or gross violations of human rights. Like other Canadian sanctions laws,…

No More Grease Payments – Canada Repeals Exception for Facilitation Payments

October 30, 2017

As part of Canada’s 2013 significant overhaul to its foreign corrupt practices regime, the Corruption of Foreign Public Officials Act (CFPOA), Canada indicated an intention to repeal the exception for facilitation payments. The repeal of facilitation payments was, however, held in abeyance for several years. Today, the Government of Canada announced that the facilitation payment exception will be repealed, effective…

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

September 8, 2017

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on August 3, 2017. The Act is designed to impose transparency measures in the mining and oil and gas industries, discourage and detect corruption and foster…

Ontario Court Upholds Landmark Anti-Bribery Conviction

July 13, 2017

On July 6, 2017, in R. v. Karigar, the Ontario Court of Appeal (Court) dismissed an appeal by Mr. Nazir Karigar of his conviction for agreeing to offer a bribe to a foreign public official, contrary to section 3(1)(b) of the federal Corruption of Foreign Public Officials Act (CFPOA). In 2013, this was the first conviction against an individual under…