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46-47 ELIZABETH II
CHAPTER 34
An Act respecting the corruption of foreignpublic officials and the implementationof the Convention on Combating Briberyof Foreign Public Officials inInternational Business Transactions, andto make related amendments to otherActs
[Assented to 10th December, 1998]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as the Corruption
of Foreign Public Officials Act.
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| Definitions
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2. The definitions in this section apply in
this Act.
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``business''
« affaires »
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``business'' means any business, profession,
trade, calling, manufacture or undertaking
of any kind carried on in Canada or
elsewhere for profit.
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``foreign
public
official''
« agent public
étranger »
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``foreign public official'' means
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(a) a person who holds a legislative,
administrative or judicial position of a
foreign state;
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(b) 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
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(c) 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.
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``foreign
state''
« État
étranger »
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``foreign state'' means a country other than
Canada, and includes
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(a) any political subdivision of that
country;
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(b) the government, and any department
or branch, of that country or of a political
subdivision of that country; and
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(c) any agency of that country or of a
political subdivision of that country.
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``peace
officer''
« agent de la
paix »
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``peace officer'' means a peace officer as
defined in section 2 of the Criminal Code.
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``person''
« quicon-
que »
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``person'' means a person as defined in section
2 of the Criminal Code.
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| Bribing a
foreign public
official
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3. (1) Every person commits an offence
who, in order to obtain or retain an advantage
in the course of business, directly or indirectly
gives, offers or agrees to give or offer a loan,
reward, advantage or benefit of any kind to a
foreign public official or to any person for the
benefit of a foreign public official
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(a) as consideration for an act or omission
by the official in connection with the
performance of the official's duties or
functions; or
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(b) 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.
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| Punishment
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(2) Every person who contravenes
subsection (1) is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding five years.
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| Saving
provision
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(3) No person is guilty of an offence under
subsection (1) if the loan, reward, advantage
or benefit
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(a) is permitted or required under the laws
of the foreign state or public international
organization for which the foreign public
official performs duties or functions; or
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(b) was made to pay the reasonable
expenses incurred in good faith by or on
behalf of the foreign public official that are
directly related to
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(i) the promotion, demonstration or
explanation of the person's products and
services, or
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(ii) the execution or performance of a
contract between the person and the
foreign state for which the official
performs duties or functions.
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| Facilitation
payments
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(4) For the purpose of subsection (1), a
payment is not a loan, reward, advantage or
benefit to obtain or retain an advantage in the
course of business, if it is made to expedite or
secure the performance by a foreign public
official of any act of a routine nature that is
part of the foreign public official's duties or
functions, including
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(a) the issuance of a permit, licence or other
document to qualify a person to do
business;
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(b) the processing of official documents,
such as visas and work permits;
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(c) the provision of services normally
offered to the public, such as mail pick-up
and delivery, telecommunication services
and power and water supply; and
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(d) the provision of services normally
provided as required, such as police
protection, loading and unloading of cargo,
the protection of perishable products or
commodities from deterioration or the
scheduling of inspections related to
contract performance or transit of goods.
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| Greater
certainty
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(5) For greater certainty, an ``act of a routine
nature'' does not include a decision to award
new business or to continue business with a
particular party, including a decision on the
terms of that business, or encouraging another
person to make any such decision.
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| Possession of
property
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4. (1) Every person commits an offence who
possesses any property or any proceeds of any
property knowing that all or any part of the
property or of those proceeds was obtained or
derived directly or indirectly as a result of
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(a) the commission of an offence under
section 3 or 5; or
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(b) an act or omission anywhere that, if it
had occurred in Canada, would have
constituted an offence under section 3 or 5.
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| Punishment
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(2) Every person who contravenes
subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years; or
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(b) is guilty of an offence punishable on
summary conviction and liable to a fine of
not more than $50,000 or to imprisonment
for a term not exceeding six months, or to
both.
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| Laundering
proceeds of
the offence
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5. (1) Every person commits an offence who
uses, transfers the possession of, sends or
delivers to any person or place, transports,
transmits, alters, disposes of or otherwise
deals with, in any manner and by any means,
any property or any proceeds of any property
with intent to conceal or convert that property
or those proceeds and knowing or believing
that all or part of that property or of those
proceeds was obtained or derived directly or
indirectly as a result of
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(a) the commission of an offence under
section 3; or
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(b) an act or omission anywhere that, if it
had occurred in Canada, would have
constituted an offence under section 3.
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| Punishment
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(2) Every person who contravenes
subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years; or
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(b) is guilty of an offence punishable on
summary conviction and liable to a fine of
not more than $50,000 or to imprisonment
for a term not exceeding six months, or to
both.
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| Exception
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6. A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under section 4 or 5 if the peace
officer or person does any thing mentioned in
either of those sections for the purposes of an
investigation or otherwise in the execution of
the peace officer's duties.
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| Part XII.2 of
the Criminal
Code
applicable
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7. Sections 462.3 and 462.32 to 462.5 of the
Criminal Code apply, with any modifications
that the circumstances require, in respect of
proceedings for an offence under any of
sections 3 to 5.
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| R.S., c. C-46
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8. The definition ``offence'' in section 183
of the Criminal Code is amended by adding,
immediately after the reference to ``section
198 (fraudulent bankruptcy) of the
Bankruptcy and Insolvency Act,'', a
reference to ``section 3 (bribing a foreign
public official), section 4 (possession of
property) or section 5 (laundering proceeds
of the offence) of the Corruption of Foreign
Public Officials Act,''.
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9. (1) Paragraph (a) of the definition
``enterprise crime offence'' in section 462.3
of the Act is amended by adding the
following after subparagraph (iv):
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(iv.1) section 123 (municipal
corruption),
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(iv.2) section 124 (selling or
purchasing office),
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(iv.3) section 125 (influencing or
negotiating appointments or dealing in
offices),
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| 1993, c. 37,
par. 32(a)
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(2) Paragraph (b.1) of the definition
``enterprise crime offence'' in section 462.3
of the Act is replaced by the following:
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(b.1) an offence against section 126.1 or
126.2 or subsection 233(1) or 240(1) of
the Excise Act, section 153, 159, 163.1 or
163.2 of the Customs Act or section 3, 4
or 5 of the Corruption of Foreign Public
Officials Act, or
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| R.S., c. 1 (5th
Supp.)
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10. Subsection 67.5(1) of the Income Tax
Act is replaced by the following:
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Non-deducti-
bility of
illegal
payments
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67.5 (1) In computing income, no deduction
shall be made in respect of an outlay made or
expense incurred for the purpose of doing
anything that is an offence under section 3 of
the Corruption of Foreign Public Officials Act
or under any of sections 119 to 121, 123 to 125,
393 and 426 of the Criminal Code, or an
offence under section 465 of the Criminal
Code as it relates to an offence described in
any of those sections.
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| Bills C-20 and
C-51
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11. If Bill C-20, entitled An Act to amend
the Competition Act and to make
consequential and related amendments to
other Acts, and Bill C-51, entitled An Act to
amend the Criminal Code, the Controlled
Drugs and Substances Act and the
Corrections and Conditional Release Act,
introduced during the first session of the
thirty-sixth Parliament, are assented to,
then, on the latest of the coming into force
of
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(a) subsection 9(2) of this Act,
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(b) section 13 of Bill C-20, and
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(c) section 53 of Bill C-51,
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paragraph (b.1) of the definition
``enterprise crime offence'' in section 462.3
of the Criminal Code is replaced by the
following:
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(b.1) an offence against section 126.1 or
126.2 or subsection 233(1) or 240(1) of
the Excise Act, section 153, 159, 163.1 or
163.2 of the Customs Act, subsection
52.1(9) of the Competition Act or section
3, 4 or 5 of the Corruption of Foreign
Public Officials Act, or
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| Annual report
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12. Within four months of the end of each
fiscal year, the Minister of Foreign Affairs, the
Minister for International Trade and the
Minister of Justice and Attorney General of
Canada shall jointly prepare a report on the
implementation of the Convention on
Combating Bribery of Foreign Public
Officials in International Business
Transactions, and on the enforcement of this
Act, and the Minister of Foreign Affairs shall
cause a copy of the report to be laid before
each House of Parliament on any of the first
fifteen days on which that House is sitting
after the report is completed.
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| Coming into
force
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13. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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