Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Conditions for remediation agreement

• 715.32 (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met:

  • (a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence;

  • (b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group;

  • (c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances; and

  • (d) the Attorney General has consented to the negotiation of the agreement.

• Marginal note:Factors to consider

  (2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors:

  • (a) the circumstances in which the act or omission that forms the basis of the offence was brought to the attention of investigative authorities;

  • (b) the nature and gravity of the act or omission and its impact on any victim;

  • (c) the degree of involvement of senior officers of the organization in the act or omission;

  • (d) whether the organization has taken disciplinary action, including termination of employment, against any person who was involved in the act or omission;

  • (e) whether the organization has made reparations or taken other measures to remedy the harm caused by the act or omission and to prevent the commission of similar acts or omissions;

  • (f) whether the organization has identified or expressed a willingness to identify any person involved in wrongdoing related to the act or omission;

  • (g) whether the organization — or any of its representatives — was convicted of an offence or sanctioned by a regulatory body, or whether it entered into a previous remediation agreement or other settlement, in Canada or elsewhere, for similar acts or omissions;

  • (h) whether the organization — or any of its representatives — is alleged to have committed any other offences, including those not listed in the schedule to this Part; and

  • (i) any other factor that the prosecutor considers relevant.

• Marginal note:Factors not to consider

  (3) Despite paragraph (2)(i), if the organization is alleged to have committed an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved.