Launch of revised Immunity and Leniency Programs will enhance effective enforcement and prosecution

September 27, 2018 – OTTAWA, ON – Competition Bureau

The Competition Bureau and the Public Prosecution Service of Canada (PPSC) launched updated Immunity and Leniency Programs today that will enhance Canada’s ability to detect, investigate and prosecute unlawful conduct that may violate the criminal provisions of the Competition Act.

These programs set out incentives for parties to come forward to seek immunity or leniency in return for their cooperation with the Bureau’s investigation—and the PPSC’s subsequent prosecution—of others involved in unlawful conduct.    

As part of a shared commitment to keep pace with changes in the competition law environment, the programs have been updated to clarify the Bureau’s and the PPSC’s approach. This will increase transparency and predictability for potential applicants. It will also enhance the ability of both organizations to prepare cases for prosecution by requiring credible and reliable evidence from applicants earlier in the process.

Notable updates to the programs, which incorporate input received during two rounds of public consultations, include:

• Automatic coverage under a corporate immunity agreement for all directors, officers and employees will no longer be provided. Instead, individuals that require immunity will need to demonstrate their knowledge of or participation in the unlawful conduct and their willingness to cooperate with the Bureau’s investigation.
  
• Documentary and testimonial evidence will be provided under a Grant of Interim Immunity. Final immunity will be provided when the applicant’s cooperation and assistance is no longer required.
  
• Every leniency applicant may now be entitled to a cooperation credit of up to 50%, to be applied to the base fine. Rather than providing credit on a first-come, first-served basis, the amount of credit awarded will also be based on the value of the applicant’s cooperation.