Status of SNC-Lavalin remains unchanged under the Integrity Regime
Media attention related to SNC-Lavalin and its ability to conduct business with the Government of Canada continues. Much of the attention is associated with the decision by the Public Prosecution Service of Canada (PPSC) to not negotiate a remediation agreement with SNC-Lavalin, and its ongoing court proceedings related to fraud and corruption charges. None of these events impact the status of SNC-Lavalin under the Integrity Regime. As such, SNC-Lavalin may continue to contract with the Government of Canada as per the terms of its administrative agreement with PSPC.
Questions on Remediation Agreements should be directed to the Department of Justice.
- The Government of Canada is committed to open, fair and transparent procurement processes that obtain value for Canadians
- Under the Integrity Regime, a supplier that has, in the past three years, been convicted of an offence listed in the Ineligibility and Suspension Policy will be declared ineligible to be awarded contracts or real property agreements for a period of ten years
- At this time SNC-Lavalin’s status under the Integrity Regime remains unchanged
If pressed on the recent court decision and potential impacts if convicted:
- we are aware of the charges facing SNC-Lavalin and continue to monitor developments
- the department entered into an administrative agreement with SNC-Lavalin to safeguard the government’s interests while the criminal proceedings are underway
- if convicted of the charges, SNC-Lavalin will be declared ineligible to be awarded contracts or real property agreements for a period of 10 years
SNC-Lavalin is a major construction and engineering supplier to Canada, a member of the consortium for the Champlain Bridge Corridor Project, and the consortium awarded the management of the Canadian Nuclear Laboratories.
In 2015, the Royal Canadian Mounted Police charged SNC-Lavalin Group Inc., SNC-Lavalin Construction Inc., and SNC-Lavalin International Inc. with one count of corruption and one count of fraud for alleged improper payments to officials in Libya.
On December 9, 2015, pursuant to the Ineligibility and Suspension Policy, PSPC entered into an administrative agreement with SNC-Lavalin with respect to the above noted charges. The agreement permits SNC-Lavalin to contract with the Government while criminal proceedings are underway and on condition that certain corporate compliance conditions are met.
Under the Integrity Regime, an administrative agreement is an instrument that allows the federal government to seek greater assurances from a supplier to further mitigate the risk of doing business with them. Administrative agreements stipulate the terms and conditions that a supplier must meet in order to maintain its status to contract with the Government of Canada. Among other things, each agreement would include requirements associated with necessary remedial measures, compliance programs, and regular reporting by an independent third party monitor.
By contrast, a remediation agreement is a voluntary agreement between a prosecutor and an organization accused of committing an offence, which is approved by a judge, and while in force, would put on hold any criminal prosecution for conduct that is covered by the agreement. The remediation agreement falls under the Attorney General’s responsibility.
On October 10, 2018, SNC-Lavalin issued a press release confirming that the Director of the PPSC will not invite SNC-Lavalin to negotiate a remediation agreement.
On May 29, 2019, a Quebec court judge ruled that prosecutors had presented sufficient evidence against SNC-Lavalin for the engineering corporation to be tried on fraud and foreign bribery charges.
On September 20, 2019, a Quebec court delayed the start of the trial, and according to media reports the next court date for the company is set for December 2019.
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