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Reorganization agreements under the regime must be approved by a judge who must ensure that the agreement is in the public interest and that the terms of the agreement are fair, reasonable and proportionate. The Canadian government sees the benefits of introducing an ODA regime, not as a substitute for law enforcement, but as an additional tool that can be used by prosecutors. Because a company that complies with the terms of a DPA will avoid a conviction, the prospect of an ODA can encourage self-disclosure of misconduct, thereby improving detection and enforcement. Q: Even as these agreements were under investigation in committee before they became law in Canada, some lawmakers feared they were being slapped on the wrists for white-collar crime. The report notes that the „vast majority” of consultation respondents consider deferred prosecution agreements to be „best suited to economic crimes committed by organizations, such as fraud, crimes under the Corruption of Foreign Officials Act, corruption, money laundering and, more generally, crimes under the Competition Act.” [19] Participants explained that de-prosecution agreements would give the prosecutor more options to deal with white-collar crimes than the current binary choice of whether or not to prosecute him. However, participants also suggested that the factors that prosecutors should consider when deciding whether or not to offer an agreement should be explicitly stated in the law. [19] On the 19. In September 2018, amendments to the Criminal Code came into force, establishing for the first time a deferred prosecution agreement (DPA) regime for business misconduct in Canada. The new regime – called „remediation agreements” under the act – will finally provide Canadian authorities with DAAs, a compliance tool commonly used in countries like the United States and the United States that was previously not available in Canada.

In 2018, Prime Minister Justin Trudeau`s government introduced legislation under the Omnibus Budget Implementation Act, 2018, No. 1, which provides for deferred enforcement agreements in Canada. The new provisions would be added to the Criminal Code as Part XXII.1. The government has stated that the provisions would be an improvement over the existing federal integrity regime.