INTRODUCTION AND BRIEF DESCRIPTION
This section states that individuals convicted of certain offenses cannot contract or receive benefits from Her Majesty, or hold office under Her Majesty.
SECTION WORDING
750(3) No person who is convicted of (a) an offence under section 121, 124 or 418, (b) an offence under section 380 committed against Her Majesty, or (c) an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act, has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.
EXPLANATION
Section 750(3) of the Criminal Code of Canada deals with the disqualification of individuals from contracting or receiving benefits from the government after being convicted of certain offenses. The section specifies that if a person has been found guilty of an offense under sections 121, 124 or 418; section 380 committed against Her Majesty, or certain offenses under the Financial Administration Act, they will no longer have the capacity to contract with Her Majesty, receive any benefit from a contract between Her Majesty and another individual, or hold any office under Her Majesty. This provision essentially serves as a safeguard against individuals who have been convicted of serious offenses, primarily those relating to fraud, corruption, and dishonesty. It ensures that those who have demonstrated criminal conduct that is directly relevant to their dealings with the government are appropriately disqualified from holding contracts or office. The section highlights the importance of upholding the integrity of government processes and ensuring that contracting and benefits are only conferred on individuals who have demonstrated their trustworthiness and adherence to legal and ethical standards. By disqualifying individuals with criminal records, the government can protect itself from potential liability, safeguard public funds, and maintain high standards of accountability.
COMMENTARY
Section 750(3) of the Criminal Code of Canada deals with the capacity of a person convicted of certain offenses to contract with Her Majesty or receive any benefit under a contract between Her Majesty and any other person, or hold office under Her Majesty. This provision applies to individuals who have been convicted of specific offenses, including offenses under sections 121, 124, or 418 of the Criminal Code of Canada, or an offense under section 380 committed against Her Majesty, or an offense under paragraph 80(1)(d), subsection 80(2), or section 154.01 of the Financial Administration Act. It is noteworthy to mention that under the Criminal Code, an individual convicted of one of the offenses listed under section 750(3) automatically loses their capacity to contract with Her Majesty or hold office under Her Majesty. This means that the conviction serves as a barrier for the individual, and they are not permitted to enter into any contractual agreement with the government or receive any benefit as a result. Moreover, this provision is aimed at individuals who pose a risk to the government in cases where their actions are seen to be fraudulent, dishonest, or in violation of the government's regulations and policies. It is important to note that the provision applies even if the individual is not sentenced to imprisonment or ordered to pay fines or damages. This is because the provision aims to protect the interests of the government and ensure that individuals with questionable intents do not engage in activities that could harm the government. In summary, Section 750(3) of the Criminal Code of Canada is a provision that aims to protect public resources and the interests of the government. It is vital to ensure that individuals who have committed crimes related to fraud or dishonesty in their dealings with the government are not afforded the opportunity to do so again. Therefore, the provision serves as a reminder that criminal conduct can have significant long-term impacts on one's future dealings in the public sphere.
STRATEGY
Section 750(3) of the Criminal Code of Canada has significant implications for individuals or entities that have been convicted of certain offenses. The provision limits the capacity of the convicted person or entity to contract or receive benefits from the Government of Canada. This section is crucial in ensuring that the government only contracts with trustworthy and reliable entities. When dealing with this section, several strategic considerations should be taken into account. First, for those entities or individuals that have been convicted of offenses falling under section 750(3), it is critical to understand the implications of the provision. Such individuals or entities should be aware that they are barred from receiving any contract benefits from the government and should plan accordingly. They should also consider taking steps to address and mitigate any barriers to their capacity, such as working to have their conviction overturned or seeking amnesty. Second, it is important to note that section 750(3) is intended to protect the interests of the government. As such, government entities should be cognizant of the offenses that trigger the provision when entering into contracts or dealing with individuals or entities. Taking the necessary steps to ensure that potential contractors or employees have not been convicted of the relevant offenses is necessary, especially in cases where an entity may have been previously granted a government contract. Third, companies and individuals must take steps to protect their reputation and interests by proactively seeking to avoid crimes that fall under section 750(3). For instance, companies could undertake background checks on potential employees or partners, while individuals can avoid activities that have the potential to lead to fraudulent or corrupt behavior. Several strategies could be employed to mitigate the impact of section 750(3). One such strategy is to seek a pardon or discharge to regain capacity to contract with the government. Pardons and discharges are granted by the National Parole Board and can mitigate the effects of a criminal record on contracting capacity. It is also crucial for convicted individuals or entities to demonstrate their commitment to ethical business practices and a clean record by providing additional documentation and assurances. Another strategy is to seek alternative sources of funding or business outside the government. This can mitigate the impact of section 750(3) on an entity's bottom line by ensuring that it can still operate effectively. For instance, the convicted entity or individual can opt to expand or pivot the business to focus on other markets or products to reduce reliance on government contracts. To conclude, section 750(3) of the Criminal Code of Canada has significant implications for companies and individuals, as it limits their capacity to contract with the government. It is important to take strategic considerations to mitigate the impact of the provision, such as seeking pardons or discharges, seeking alternative business models, and implementing practices that mitigate the potential for fraud or corruption. By implementing such strategies, companies and individuals can seek to minimize the impact of section 750(3) and operate effectively.