On October 30, 2017 the Government of Canada announced the facilitation payments exception, contained within the Corruption of Foreign Public Officials Act (CFPOA), has now been removed. Bill S-14 repealed the exception and went into force on October 31, 2017.
The CFPOA defined facilitation payments as follows:
- "For the purpose of subsection (1), a payment is not a loan, reward, advantage or benefit to obtain or retain an advantage in the course of business, if it is made to expedite or secure the performance by a foreign public official of any act of a routine nature that is part of the foreign public official’s duties or functions, including:
the issuance of a permit, licence or other document to qualify a person to do business;
the processing of official documents, such as visas and work permits;
the provision of services normally offered to the public, such as mail pick-up and delivery, telecommunication services and power and water supply; and
the provision of services normally provided as required, such as police protection, loading and unloading of cargo, the protection of perishable products or commodities from deterioration or the scheduling of inspections related to contract performance or transit of goods."
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- Global Affairs Canada - News Release: Canada repeals facilitation payments exception in Corruption of Foreign Public Officials Act
- S.C. 1998, c.34: The Corruption of Foreign Public Officials Act
- S.C. 2013, c. 26: An Act to amend the Corruption of Foreign Public Officials Act