Bill S-14 · 41th Parliament · Stephen Harper
Fighting Foreign Corruption Act
An Act to amend the Corruption of Foreign Public Officials Act
Government bill. Became law.
- IntroducedFeb. 4, 2013
- Debated in principleFeb. 26, 2013
- Studied by a committeeDone
- Passed its first chamberMarch 25, 2013
- Passed the second chamberJune 18, 2013
- Became lawJune 18, 2013
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Janis G. JohnsonSenate · Sponsor in the Senate
- Hélène LeBlancNDP will support the bill at second reading because it is important.
- Bob DechertEndorses the bill as advancing zero tolerance on corruption and deterring bribery.
- Libby DaviesNotes all parties appear to support the bill while raising procedural objections.
- Julian FantinoPraises the bill's intent and urges quick passage without objections.
- Sean CaseyDescribes the bill's amendments as much-needed and important to pass.
- Philip TooneBelieves the bill defends rights abroad and deserves support at second reading.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 5 February 2013, the Leader of the Government in the Senate introduced Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act (Fighting Foreign Corruption Act) in the Senate and it was given first reading. The Corruption of Foreign Public Officials Act (CFPOA) makes it a criminal offence in Canada for persons or companies to bribe foreign public officials to obtain or retain an advantage in the course of international business. Bill S-14 amends the Corruption of Foreign Public Officials Act to • increase the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official; • eliminate the facilitation payments exception to that offence; • create a new offence relating to books and records and the bribing of a foreign public official or the hiding of that bribery; and • establish nationality jurisdiction that would apply to all of the offences under the Act.
Summary by the Library of Parliament.
Where members stand
How it changed on the way
69% of the text as introduced was changed or removed by the time it became law (1,436 words introduced, 1,092 passed).
substantial changeintent mostly kept
The bill passed largely as introduced, with the planned increase in maximum sentence, new accounting offence, and nationality jurisdiction all enacted. The facilitation payments exception was removed as intended, while only dates, chapter numbering, and assent details were updated during passage.
- Maximum prison term for bribing a foreign official was set at 14 years instead of five.
Before: “liable to imprisonment for a term not exceeding five years.”
After: “liable to imprisonment for a term of not more than 14 years.”
How precisely it is written
mostly preciseChallenging the law: HardDisputing a charge: Moderate
The bill uses fixed maximum sentences, enumerated lists of prohibited accounting acts, and clear triggers for extraterritorial jurisdiction based on citizenship or corporate status. Some elements still turn on purpose or knowledge and leave commencement to an order in council.
Open to argument
“for the purpose of bribing a foreign public official in order to obtain or retain an advantage in the course of business or for the purpose of hiding that bribery”
Relies on subjective purpose rather than an objective list of acts.“knowingly uses false documents”
Introduces a mental-state element that requires proof of awareness.“in accordance with applicable accounting and auditing standards”
Defers to external standards without defining them in the Act.
Clear-cut
“liable to imprisonment for a term of not more than 14 years”
States a fixed numerical maximum penalty with no range or discretion.
Discretion. Commencement of the increased penalty is left to a Governor-in-Council order, and only RCMP officers or persons designated under the RCMP Act may lay an information.
Challenging the law itself. The Act supplies defined conduct lists and fixed penalties, reducing successful vagueness or overbreadth claims under section 7 of the Charter.
Disputing a charge under it. An accused can dispute whether the required purpose of bribing or hiding bribery existed, though the listed bookkeeping acts themselves are concrete.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.