Canada Proposes New Deferred Prosecution Agreement Program

April 12, 2018

On March 27, 2018, the Canadian Government announced the introduction of legislative amendments to bring deferred prosecution agreements (“DPA”) to Canada.

The legislation, which would create the “Remediation Agreement Regime” (“RAR”), follows a global trend.  In recent years, DPA regimes have been introduced in the U.K. and France, and considered in a variety of other common law jurisdictions including Singapore and Australia.  Although broadly patterned on an approach pioneered in the United States, like the statutory enactments in other countries adopted more recently, the Canadian RAR regime is likely to be considerably more structured and involve much more substantive judicial supervision.

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