Mr. Speaker, I will be sharing my time with the Minister of International Cooperation.
It is my pleasure to rise this evening to participate in the debate on the fighting foreign corruption act. In my view, Bill S-14 is signature legislation. Since its introduction on February 5, the proposed changes have given Canada good marks both from domestic stakeholders and from the OECD working group on bribery.
These positive comments from groups such as Transparency International were given with the strong caveat that proposed amendments be adopted. Canada has invested a lot of credibility in getting this bill tabled, and we are to report back to the OECD in the near future regarding its adoption.
As others have stated before me, the issue of foreign corruption is as timely as it has ever been, and our government remains committed to seeing this legislation enacted as quickly as possible. It is my hope that this commitment is shared by all opposition parties and members of the House.
The OECD has just published on its website the report that Canada submitted to the organization's working group on bribery, as well as the working group's own summary and conclusion. As part of the OECD's peer review mechanism, Canada was called upon to submit a written report detailing the progress it has made over the past two years in responding to all of the recommendations and follow-up points previously identified by the working group on bribery.
The written report details the significant progress made by Canada in terms of investigations and prosecutions of the foreign bribery offence; the awareness-raising efforts undertaken by numerous government officials, agencies and crown corporations; and the amendments to Canada's foreign bribery legislation, the corruption of foreign public officials act, or CFPOA.
The lead examiners for Canada's evaluation stated that they were extremely impressed with our results. They indicated that Canada should be very proud of what it has achieved in such a short period of time. They also signalled their strong support for Bill S-14, stating that should this bill be adopted by Parliament, Canada would be deemed to have fully implemented most of the significant recommendations made to it by the working group on bribery.
The working group on bribery also concluded that as it stands, Canada has already fully implemented nine out of the total of 18 recommendations and subrecommendations, including those that touched on resources for foreign bribery prosecutions and investigations, awareness-raising, building relationships with provincial securities commissions and due diligence in government contracting. In addition, five of the 18 recommendations were deemed to be partially implemented. Another three of the 18 recommendations were held to be not implemented, but will be fully implemented if and when Bill S-14 is adopted by Parliament.
This is positive reinforcement. Members can rest assured that it only strengthens our desire to see Bill S-14 passed as quickly as possible.
I would now like to provide a brief summary of some of the key conclusions made by the OECD's working group on bribery.
The first relates to a recommendation that Canada amend the offence of bribing a foreign public official in the CFPOA so that it is clear that it applies to bribery in the conduct of all international business, not just business for profit. The elimination of the words "for profit" from the definition of "business" is vitally important, as it would ensure that the CFPOA is not limited to bribes paid to for-profit enterprises or just in the course of business that is currently profitable. I am pleased to report that this recommendation would be considered fully implemented if Bill S-14 is passed in its current state within one year of tabling.
A second recommendation requested that Canada take appropriate measures to automatically apply, on conviction for a CFPOA violation, the removal of the capacity to contract with a government or receive any benefit under such a contract, consistent with the domestic bribery offence in the Criminal Code. This was assessed to be fully implemented as a result of the change in policy in 2012 by Public Works and Government Services Canada.
The third recommendation urged Canada to take such measures as may be necessary to prosecute its nationals for bribery of foreign public officials committed abroad. I am pleased to report that with the nationality jurisdiction clause included in Bill S-14, this would be considered fully implemented once the bill has passed in its current state and within one year of tabling.
The last recommendation I wish to mention specifically calls on Canada to find an appropriate and effective means for making companies aware of the CFPOA, including the defence for reasonable expenses incurred in good faith and the defence of facilitation payments.
It also calls on Canada to increase efforts to raise awareness of the CFPOA in industries at high risk for bribing foreign public officials and individuals and companies operating in countries where there is a high risk of bribe solicitations, as well as municipal and provincial law enforcement authorities. This was assessed to be fully implemented.
Should members choose to read the report and the OECD findings on their website, I think they would be delighted to hear some of its conclusions. Here is a sample:
Canada has continued the enforcement momentum...Canada now has two additional and major convictions against companies in the oil and gas sector under its Corruption of Foreign Publics Officials Act.
The WGB also welcomes significant steps taken by Canada to improve the CFPOA and address three main Phase 3 recommendations through Bill S-14....Bill S-14 also repeals the exception in the CFPOA for facilitation payments...Canada has therefore now fully implemented Recommendation 6.
A number of federal departments, agencies and crown corporations play key roles in Canada's two-pronged approach to foreign bribery: that of enforcement and prevention. Bill S-14 reflects what we believe is the will of Canadians and of Canadian businesses and stakeholders.
In considering the OECD's recommendations and in preparing our response to them, the government consulted widely, including a January 2012 session hosted by the Department of Foreign and International Trade. At that time, over 30 expert stakeholders from Canadian businesses, law firms, academic institutions and non-governmental organizations participated.
It provided an opportunity for full discussion on concrete steps that would be taken to improve the enforcement of the CFPOA as well as an opportunity to further encourage Canadian companies to prevent bribery before it happened and to detect it if it occurred.
We are pleased with the WGB strong positive endorsement of the significant progress made by Canada on investigations and prosecutions of the foreign bribery offence, the awareness raising efforts undertaken by numerous government departments and on the proposed amendments to CFPOA in Bill S-14.
As the Minister of Foreign Affairs stated on the day Bill S-14 was introduced:
Canada is a trading nation. Our economy and future prosperity depend upon expanding our trade ties with the world. This, we hope, is a good faith sign that Canada’s good name retains its currency.
In conclusion, failing to adopt Bill S-14 would send the wrong signal about Canada and Canadian companies. For this reason, I urge all members to support this important legislation.