Canadian Corruption of Foreign Public Officials Act (CFPOA)

The Corruption of Foreign Public Officials Act (CFPOA) aims to discourage companies from engaging in corrupt acts abroad. The law brings Canada in line with the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Convention). More recent changes to the CFPOA have increased the maximum penalties and established accounting provisions comparable to the US FCPA.

Canada Compliance Guide

Recent amendments and increased enforcement actions have toughened Canada’s Corruption of Foreign Public Officials Act (CFPOA), intensifying the anti-corruption compliance demands for companies. While the Government of Canada does not provide any formal requirements for what a compliance programme should include, similarities with the FCPA and the Bribery Act provide some guidance companies can consider for implementing procedures to prevent corrupt acts.

Each company has different compliance needs depending on their size and risk exposure, so there is no compliance programme that suits every business. However, the procedures that make up a compliance programme should focus on a number of areas:

Establish a corporate policy against violations of the CFPOA.	Develop a strong tone at the top from senior management regarding the company policy.	Develop compliance standards and procedures designed to reduce the risk of violations of anti-corruption laws or the company’s own standards. This can take the form of a rigorous code of conduct.	Compliance oversight should be assigned to one or more autonomous senior executives.
Appropriate financial and accounting procedures, including internal control, should be in place.	Communication, guidance and training should be made available to all employees.	Due diligence and compliance requirements for all third-parties, such as agents and business partners.	Periodic review and testing of compliance procedures.

CFPOA Summary
CFPOA Full Text