What Constitutes a Bribe?

Broadly, the Act defines bribery as giving or receiving a financial or other advantage in connection with the "improper performance" of a position of trust, or a function that is expected to be performed impartially or in good faith.

Bribery does not have to involve cash or an actual payment exchanging hands and can take many forms such as a gift, lavish treatment during a business trip or tickets to an event.

The types of bribery that take place in the commercial sector are numerous.

Some simple examples follow:

  • bribery in order to secure or keep a contract.
  • bribery to secure an order.
  • bribery to gain any advantage over a competitor.
  • bribery of a local, national or foreign official to secure a contract.
  • bribery to turn a blind eye to a health safety issue or poor performance or substitution of materials or false labour charges.
  • bribery to falsify an inspection report or obtain a certificate.