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Bulletin on Corporate Compliance Programs

Part I - Introduction

The Competition Bureau ("Bureau") first issued its Corporate Compliance Programs Bulletin ("Bulletin") in 1997. The Bulletin outlined the Bureau's approach to corporate compliance programs ("program(s)") designed to ensure compliance with the Competition Act.

This Bulletin has been updated to reflect amendments to the Competition Act and incorporates information from new Bureau publications. In addition, this Bulletin promotes compliance with the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act. Our approach remains the same - to promote compliance with the law⁴. To further this objective, the Bureau has expanded the Bulletin and provided more guidance to help Canadian businesses design their own program.

The Bureau publishes various guidelines, bulletins and pamphlets to provide information and to promote compliance with the Acts.

The decision to implement a program is generally voluntary. However, the Bureau will recommend or request, whenever appropriate, that a program be established in the context of a prohibition order obtained under section 34 of the Competition Act, a probation order⁵, and a consent agreement under sections 74.12 and 105 of the Competition Act.

Each business is different and, as such, businesses must tailor their program to address the compliance issues specific to their industry or market. For example, an industry leader, a multinational, a regulated or a start-up business or one that has a history of contravening the law each could have different needs when establishing and implementing a credible and effective program. Therefore, the relevant components described in this Bulletin are neither industry nor company specific and are recommended as the baseline for the development of any in-house program.

The views expressed herein are not intended to restate the law or to be a binding statement of how the Commissioner of Competition’s (“Commissioner”) discretion will be exercised in a particular situation. Therefore, this Bulletin should not substitute for the advice of counsel. Enforcement decisions and the ultimate resolution of any particular matter are based on the specific circumstances at hand⁶. Readers should refer to the specific Acts when questions of law arise and, if a particular situation gives rise to concerns, should obtain independent legal advice. They may also wish to consider requesting a binding written opinion from the Commissioner on proposed conduct or a proposed practice under section 124.1 of the Competition Act⁷.

⁴ For the purposes of this Bulletin, the terms "Acts" and "law" are used interchangeably.

⁵ Section 732.1 of the Criminal Code provides that a court may prescribe, as a condition of a probation order, that the offender establish a program (i.e., policies, standards and procedures to reduce the likelihood of the organization committing a subsequent offence).

⁶ See the Competition Bureau’s Conformity Continuum Information Bulletin (Ottawa, Industry Canada, 2000) available online at www.competitionbureau.gc.ca.

⁷ Pursuant to section 124.1 of the Competition Act, any person may apply to the Commissioner for a written binding opinion relating to the applicability of the Competition Act. The Commissioner also provides non-binding advice under the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act. For more information on written binding opinions, refer to the Bureau’s Website at www.competitionbureau.gc.ca.