Bribery is a form of corruption and is treated very seriously under Canadian law. The two main laws are:

• the Criminal Code: governs domestic bribery and corruption
• the Corruption of Foreign Public Officials Act (CFPOA): governs foreign bribery

Under Canadian laws, corruption is defined as when a person in public office receives an undue reward to influence their behavior in office, contrary to the rules of honesty and integrity. Other types of corruption include money laundering and tax invasion. View other Answers for more information on these topics. If you have been charged with a criminal offence such as bribery or any other white-collar crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

The RCMP lists the following examples of bribery:

• Hiring the unqualified relative of a public official to get a contract
• Paying a public official to not do their job
• Giving a public official lavish gifts (such as cars and homes, etc.)
• Making a considerable charitable donation (linked to a public official)
• Paying for the education of the children of a public official
• Diverting contracts, which may be real or not, to an entity owned or linked to a public official (beneficial ownership)
• Using agents or third parties to funnel bribes to a public official

Criminal Code offences and penalties

Bribery and corruption are found in the Criminal Code under- Part IV – Offences Against the Administration of Law and Justice, “Corruption and Disobedience”.

Bribery

Bribery refers specifically to anyone directly or indirectly giving or offering a loan, reward, advantage or benefit of any kind to a federal or provincial government official in Canada in return for the cooperation, assistance, exercise of influence, or an act or omission in connection with any government business. The Code also prohibits Government officials accepting or agreeing to accept benefits from any person.

Bribery of different government officials and other forms of corruption are dealt with in different sections of Part IV the Code:

• Section 119 Bribery of judicial officers and members of Parliament or of provincial legislatures.
• Section 120 Bribery of officers (a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law).

Punishment: Bribery is an indictable offence, and anyone found guilty is liable to imprisonment for up-to 14 years. 

Frauds on the government (Section 121.1)

This section deals with corruption involving offering or accepting bribes to government officials and giving or receiving rewards for influencing government decisions. It is an offence for any individual or group, directly or indirectly, to

• Seek to influence government decisions through bribery, including giving or accepting loans, rewards, advantages or benefits in return for acts or omissions that promote the interests of the individuals or organizations, or
• pay commissions or rewards to government employees or officials for a transaction with the government.

It is also an offence for an official or employee to

• demand or accept commissions, rewards, advantages or benefits in return for promoting the interests of a person or organization in a transaction of business relating to the government.

Punishment: Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction.

Breach of trust by public officers (Section 122)

Breach of trust by public officers refers to “Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.”

Punishment: Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction.

Municipal corruption (Section 123)

This section refers to bribery of municipal officials. It is an offence

• for any one to directly or indirectly give, offer or agree to give or offer to a municipal official or to anyone for the benefit of a municipal official, or,
• being a municipal official, directly or indirectly demands, accept or offer or agrees to accept from any person for themselves or another person a loan, reward, advantage or benefit of any kind as consideration for the official.

Punishment: Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction.

Private businesses and bribery

Under certain circumstance, private businesses can also face Criminal Code charges for bribery and corruption. Under Section 426, those who “directly or indirectly, corruptly gives, offers or agrees to give or offer” any reward, advantage or benefit of any kind as consideration is guilty of an indictable offence and liable to imprisonment for up-to five years or is guilty of an offence punishable on summary conviction.

Corruption of Foreign Public Officials Act (CFPOA)

CFPOA criminalizes the corruption of foreign public officials. Under CFPOA a “foreign public official” is defined as:

• a person who holds a legislative, administrative or judicial position of a foreign state;
• a person who performs public duties or functions for a foreign state, including a person employed by a board, commission, corporation or other body or authority that is established to perform a duty or function on behalf of the foreign state, or is performing such a duty or function; and
• an official or agent of a public international organization that is formed by two or more states or governments, or by two or more such public international organizations.

You may be guilty of an offence under Section 3 of the Act if you

• Directly or indirectly, give, offer or agree to give or offer a loan, reward or any form of benefit or advantage to aForeign public official to any person for the benefit of a foreign public official, in order to
  • obtain or retain an advantage in the course of business, or
  • to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions.

You may be guilty of an offence under Section 4, if you

• Falsify accounts for the purpose of bribing or concealing the bribing of a foreign public official

Punishment: Bribing a foreign official is an indictable offence and individuals and/or company officials face imprisonment up-to 14 years.

Provincial law

Québec is the currently the only province to have a provincial anti-corruption law. The Anti-Corruption Act is enforced by the Unité permanent anticorruption (“UPAC”).

Are there any defences to bribery?

Bribery under the Criminal Code: There are no legal defences laid out in the Code. However, it must generally be proven that an offer was made, and the intent of the offer was illicit or corrupt. Small offers of money or gifts may not be considered bribery if they are made in good faith, although this may be hard to prove.

Bribery under CFPOA: Exceptions are made to the offence of bribery under the Act where:

• the benefit given is either permitted or required under the laws of the applicable foreign state or foreign public international organization; or
• payment was made to reimburse reasonable expenses incurred in the promotion or demonstration of the person’s products and services or the execution or performance of a contract between a person and the foreign state.
• individuals may be able to use to defence of duress, meaning they are left with no alternative but to make payments in order to protect against death or bodily harm.

Who investigates and enforces corruption laws?

In Canada, two agencies are responsible for enforcing corruption laws and regulations, investigating cases, and promoting ethical practices:

• The Royal Canadian Mounted Police (RCMP) is responsible for investigating and enforcing most white-collar criminal offences, and all bribery related offenses under the Criminal Code and CFPOA. Major provincial or municipal police also enforce Criminal Code bribery offences and may be assisted by the RCMP.
• The federal Public Prosecution Service of Canada (PPSC) prosecutes federal Criminal Code and CFPAO corruption offences on behalf of the Attorney General of Canada.

Other corruption laws

Other laws that deal with bribery and corruption in Canada include:

• Conflict of Interest Act, also known as An Act to establish conflict of interest and post-employment rules for public office holders. A breach of this Act includes when a gift or other advantage is given to a public office holder, or their family, that might reasonably be seen to have been given to influence the public office holder.
• Canada Elections Act: Under Section 282 of the Act, it is an offence to offer or to accept a bribe to influence an elector.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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