Immunity from Prosecution

What is Immunity from Prosecution?

Immunity is a guarantee from the Director of Public Prosecutions of Canada that it will not prosecute a business or an individual for a particular criminal offence or offences under the Competition Act. The Director of Public Prosecutions makes a decision on whether to grant immunity after the Bureau provides it with relevant information and a recommendation on how to proceed.

An applicant that is given immunity must co-operate with the Bureau’s investigation of the offence and any prosecution of other participants in the offence. It must also stop participating in the offence and meet certain other criteria.

Immunity from prosecution does not remove any exposure an offender may have for civil damages. Those who have been harmed as a result of the commission of a criminal offence under the Act may sue to recover an amount of money equivalent to their loss and the costs they incur to investigate and bring legal proceedings.

For more information about the Bureau's Immunity Program, please view the Information Bulletins: "Immunity Under the Competition Act and Immunity Program Responses to Frequently Asked Questions". Both documents are available on the Bureau's Web site at: www.competitionbureau.gc.ca.

Who can apply for Immunity?

Individuals and businesses can apply for immunity but only the first one to come forward and meet the program criteria will receive immunity. The program criteria are explained in more detail in the Information Bulletin. You, or your lawyer, may also contact the Bureau for more information or to enquire whether you would qualify.

A party who is not the first to apply for immunity, or who does not meet all the criteria, may still qualify for lenient treatment in return for co-operating with the Bureau’s investigation. Lenient treatment means that the Bureau and the Director of Public Prosecutions will recommend a lesser fine or downward adjustment to the sentence than would otherwise be sought from the court.

For what offences is immunity available?

Immunity is available for any criminal competition offence under the Act including conspiracy (e.g. price fixing or market sharing), bid-rigging, false or misleading representations and deceptive marketing practices.

When should I apply for immunity?

If you believe you have been involved in an offence under the Act and are interested in participating in the Immunity Program, you should contact the Bureau as soon as possible. Only the first party to request immunity and meet the Program criteria will qualify.

If you have been involved in a conspiracy or bid-rigging, you should contact the Senior Deputy Commissioner, Criminal Matters Branch. If you have participated in the making of false or misleading representations or you have engaged in deceptive marketing practices, you should contact the Deputy Commissioner, Fair Business Practices Branch. Contact information is provided at the end of this document.

What happens if I don't apply for immunity or lenient treatment?

If you do not apply for immunity or lenient treatment and the Bureau finds evidence that you have been involved in a criminal offence under the Act, you may be prosecuted. If a court finds you guilty of the offence, it may sentence you to a fine, or jail time, or both.

Fines for criminal competition offences under the Act vary. For example, offenders may be fined up to $10 million for each conspiracy offence; for bid-rigging and false or misleading representations or deceptive marketing practices, there are no set limits to the fine a court may impose. Offenders may also face jail sentences of up to fourteen years. (The maximum term of imprisonment and the maximum fine for conspiracy will increase to fourteen years and $25 million respectively on March 12, 2010).

How does the Bureau conduct an investigation?

Bureau staff investigate a matter through confidential interviews and a review of records, documents and other sources of information.

If it appears that the law has been broken, the Bureau can apply to the courts to obtain search warrants or use other compulsory means to continue the investigation.

Once enough evidence has been obtained, the Bureau refers the matter to the Director of Public Prosecutions. The Director of Public Prosecutions then decides whether to prosecute in the criminal courts.

Anyone wishing to apply under the Commissioner’s Immunity Program may contact:

Senior Deputy Commissioner, Criminal Matters Branch
Tel: 819-997-1208
Fax: 819-934-3602

Deputy Commissioner, Fair Business Practices Branch
Tel: 819-997-1231
Fax: 819-953-4792

Mailing Address:
Competition Bureau
Place du Portage I
50 Victoria Street
Gatineau, Quebec
K1A 0C9

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The Competition Bureau is an independent law enforcement agency that contributes to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

Headed by the Commissioner of Competition, the Bureau is responsible for the administration and enforcement of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act.

For more information:

www.competitionbureau.gc.ca

Toll-free: 1-800-348-5358
National Capital Region: 819-997-4282
       TTY (for hearing impaired): 1-800-642-3844
       Fax: 819-997-0324

Information Centre
Competition Bureau
       50 Victoria Street
       Gatineau, QC K1A 0C9