A recent amendment to the CFPOA eliminates the previously enacted facilitation or “grease payment” exception to the law, broadens the jurisdiction of the law to cover all Canadian nationals no matter where any alleged bribe may have taken place, increases the maximum sentence of imprisonment for violations, creates new criminal offenses for misrepresentation of corporate books and records, and expands the definition of “business” to include nonprofits. Given this heightened focus on anti-corruption legislation within in Canada, it is imperative that appropriate mechanisms are in place to ensure that no Canadian officers, manager, employees, or agents are engaging in any conduct that could potentially be deemed a violation of the amended CFPOA. It is namely important that all Canadian employees take note of the removal of the facilitation payment exception from the CFPOA and the now potential extraterritorial application of the CFPOA.
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