Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared.
The Federal Government has tabled new legislation, Bill C-74, that will change the law on corporate criminal liability and provide a new tool for prosecutors. Bill C-74 introduces a new regime, known as the Remediation Agreement Regime, modeled on the Deferred Prosecution Agreements regularly used in the US and the UK. As we recently wrote, the new regime will amend the Criminal Code and incentivize corporations to self-disclose criminal conduct to the authorities by providing an alternative to criminal prosecution for qualifying companies through the proposed remedial program, which may include enhanced compliance oversight, monitors, and fines.