Anti-Corruption & Bribery

Increasingly, Canadian authorities are vigorously pursuing companies for suspected violations of Canada's Corruption of Foreign Public Officials Act (CFPOA). Any company found to have violated the CFPOA faces significant criminal and civil penalties for any violations and there is the additional risk of significant reputational damage from accusations of corruption or bribery. International trends have favoured tougher legislation as well, such that Canadian companies may also face scrutiny abroad under the American Foreign Corrupt Practices Act and the U.K. Bribery Act.

In the face of realistic potential exposure to civil and criminal liability for rule violations, it is crucial that Canadian companies receive clear, practical advice on these anti-corruption and anti-bribery regimes. Companies need to know how to implement and enforce robust and effective anti-corruption policies and programs, how to conduct the necessary due diligence on corruption and bribery matters when entering into transactions with companies operating in foreign jurisdictions and how to deal with incidents of corruption or bribery if they arise.

BD&P's Anti-Corruption & Bribery Team is skilled in assisting clients navigate an increasingly complex and evolving area. We have counseled companies with operations throughout the world in creating and implementing practical anti-corruption policies and in conducting corruption and bribery due diligence in mergers and acquisitions. BD&P's lawyers recognize the business aspects of anti-corruption programs and adopt a practical and business-minded approach to ensuring compliance with anti-corruption regimes world-wide.

Significant Areas of Service

  • Carrying out risk assessments, including review of clients' existing policies and procedures
  • Developing practical and effective anti-corruption policies
  • Implementing anti-corruption policies
  • Providing comprehensive training and education for directors, management teams and employees
  • Conducting corruption and bribery due diligence in mergers and acquisitions
  • Conducting internal investigations when allegations of bribery or corruption arise
  • Providing clients with crisis management advice, including that related to the risk of reputational damage in the face of a breach or suspected breach of anti-corruption legislation
  • Advising clients faced with external investigations or litigation