Bribery (Domestic) Laws in Canada

The Criminal CodeA federal act codifying most criminal offences in Canada makes it an offence for someone to, directly or indirectly, give, offer or agree to give a loan, reward or gift, an advantage or benefit of any kind in consideration for cooperation, assistance, exercise of influence or an act or omission in connection with any matter of business with the government. It is also against the law to accept such offers. 

Government officials are not permitted to accept or agree to accept benefits from any person. The bribe does not have to be of significant monetary value. In fact, gifts or money may not be involved. A bribe can also be the promise of a favour such as a social or political benefit in return for a prohibited action. 

It is an offence to offer or accept a bribe with the intent:

• to interfere with the administration of justice; 
• to procure or facilitate the commission of an offence; or
• to protect from detection or punishment a person who has committed or who intends to commit an offence.

The Code prohibits the bribery of various officials including whose who:

• hold an office or appointment under the government;
• work in a civil or military commission;
• hold a position or is employed in a public department; or
• are appointed or elected to discharge a public duty.

Specific sections of the Criminal Code deal with the various officials who are the focus of the charges including:

Section 119 Bribery of judicial officers and members of Parliament or of provincial legislatures;

Section 120 Bribery of those employed in the administration of the justice and law enforcement officials;

Section 121 Bribery of government officials;

Section 122 Breach of trust by public officers; and

Section 123 Bribery of municipal officials.

You or the company you work for can be prosecuted. For a company to be convicted it must be proven the act was committed with the knowledge of a senior officer.

Private businesses can also face Criminal Code charges in certain circumstances. Under s.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 can be prosecuted.

While bribery charges are prosecuted under the Code across Canada, Quebec is the only province that has its own Anti-Corruption Act. The Quebec government states the purpose of the Act is to "strengthen actions to prevent and to fight corruption in the public sector, including in contractual matters, and to enhance public confidence in the public procurement process and public institutions."