Amendments to the Corruption of Foreign Public Officials Act

It should be noted that An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32), assented to on December 18, 2001, has amended the Corruption of Foreign Public Officials Act.

Section 58 of the Act repealed sections 4 to 7 of the Corruption of Foreign Public Officials Act. However, subsection 12(7) amended section 462.3 of the Criminal Code, by adding a new subsection 462.3(3) of the Criminal Code. This subsection provides that the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under the Criminal Code in respect of a designated offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than the Criminal Code or a regulation made under the Criminal Code. Subsection 12(7) also adds a new subsection 462.3(4) of the Criminal Code. This new subsection makes it clear that subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under the Criminal Code.

Subsection 12(6) of the Act has amended subsection 462.3(1) of the Criminal Code, by defining a "designated offence". A «designated offence» would mean (a) an indictable offence under this or any Act of Parliament, other than an indictable offence prescribed by regulation, or (b) a conspiracy or an attempt to commit, being an accessory to, or any counselling in relation to, an offence referred to in paragraph (a) [the aforementioned indictable offences].

Section 13 of the Act has also amended paragraphs 462.31(1)(a) and (b) of the Criminal Code, so that they would read:

1. the commission in Canada of a designated offence; or
2. an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

In summary, these amendments have reorganized the statutory provisions in a consolidated way. The end result means that the Attorney General of Canada and the provincial attorneys general would continue to be able to prosecute possession and laundering offences in respect of the offence of bribing foreign public officials (section 3 Corruption of Foreign Public Officials Act).

Sections 12, 13 and 58 of the Act came into force on January 7, 2002.

The Act can be viewed at:

http://www.parl.gc.ca/37/1/parlbus/chambus/house/bills/government/C-24/C-24_4/C-24TOCE.html