INTRODUCTION AND BRIEF DESCRIPTION
It is illegal to offer or accept money in exchange for not collecting or collecting less than the required fare, toll, ticket, or admission fee.
SECTION WORDING
393(2) Every one who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration (a) for failing to collect it, or (b) for collecting an amount less than the amount payable in respect thereof, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
EXPLANATION
Section 393(2) of the Criminal Code of Canada deals with an offence related to giving or offering valuable consideration to a person who is responsible for collecting a fee, toll, ticket or admission charge from the public. If an individual gives or offers a bribe to someone who is obligated to collect such fees or charges, for not collecting them or collecting less than the required amount, they can be held guilty of an indictable offence. This offence is considered serious because it hampers the smooth operation of public services and infrastructure. It creates an environment of corruption, where individuals abuse their position of authority for personal financial gain. The offence also undermines public trust in public officials and institutions, as people become disillusioned by such acts of deceit. The concept of valuable consideration in this section encompasses anything of value, including cash, services, or any kind of benefit that can be exchanged for the exemption from collecting the required fee or collecting less than the required amount. The section applies only to those who give or offer the bribe and not to those who receive it, as the latter is dealt with separately under different sections of the Criminal Code. The punishment for the contravention of this section involves a prison term of up to two years, indicating the severity of the offence. The maximum penalty is imposed on those considered to be the key offenders, whereas the punishment can vary, depending on the nature and severity of the offence. The punishment also acts as a deterrent for people who may otherwise indulge in such activities to gain undue benefits. In conclusion, Section 393(2) of the Criminal Code of Canada serves as an important deterrent to curb the culture of corruption prevalent in society. It highlights the importance of transparency and integrity in public services and reinforces the trust that Canadians have in public institutions.
COMMENTARY
Section 393(2) of the Criminal Code of Canada is a provision that is aimed at preventing and penalizing the act of bribery committed by individuals who are supposed to collect fees, fares, or tickets from the public. This section is in line with the Canadian government's efforts to ensure that all public officials and employees operate with transparency and maintain the highest ethical standards. The section prohibits any attempt to influence or induce a person who collects a fee or fare by offering valuable consideration to evade or reduce the funds collected. The primary objective of this section is to preserve the integrity of the fee and fare collection system and prevent corruption that could arise from the exploitation of trust or authority. The section is clear that an individual who offers to give valuable consideration to a person, whose duty is to collect a fare, toll, ticket, or admission fee, is committing an indictable offense. The person offering or giving the bribe, regardless of whether or not the other party accepts or rejects the bribe, can be convicted and punished if found guilty. Furthermore, the penalty for such an offense is imprisonment for a term not exceeding two years, emphasizing the seriousness of the crime. The provision is essential in promoting transparency and accountability in the public services industry. It acts as a deterrent to those who might be tempted to receive gifts or bribes in exchange for carrying out their duties improperly or engaging in corruption. The section will play a crucial role in preventing public servants and employees from deviating from their responsibility by ensuring that they perform their work with integrity. It is worth noting that this section of the Criminal Code of Canada is not only limited to the public sector, but it also applies to the private sector. Hence, it is a criminal offense for any employee of a private organization to offer a bribe to an individual who collects fees, tolls, tickets, or admission fees. Section 393(2) of the Criminal Code of Canada is critical in enhancing the public's trust in the government and the services provided by different organizations. The criminalization of bribery, regardless of whether or not the bribe is accepted, sends a clear message to the society that the government has no tolerance for any form of corruption. In conclusion, Section 393(2) of the Criminal Code of Canada plays a crucial role in preventing public servants and employees from engaging in fraudulent activities such as bribery. It ensures transparency, accountability, and integrity in the fee and fare collection system. The provision is a clear indication of the Canadian government's commitment to fighting corruption in all sectors of the economy and promoting ethical practices in the workplace.
STRATEGY
Section 393(2) of the Criminal Code of Canada criminalizes the act of giving or offering valuable consideration to a person whose duty is to collect a fare, toll, ticket or admission fee for failing to collect it or for collecting an amount less than the amount payable. This section has implications for businesses that collect such fees, as offering or accepting such bribes can result in serious consequences. One of the main strategic considerations when dealing with this section of the Criminal Code is compliance. Businesses that collect fees must ensure that they have adequate processes in place to prevent employees or contractors from offering or accepting bribes. This may involve implementing policies that prohibit such behavior, providing training to employees on the importance of compliance, and conducting regular audits of their collection procedures to identify and address any potential violations. Another strategic consideration is risk management. Businesses must assess their risk exposure to potential violations of Section 393(2) of the Criminal Code and implement measures to mitigate those risks. This may involve conducting due diligence on contractors or agencies that they work with to ensure that they have appropriate compliance measures in place, as well as implementing internal controls to monitor and assess their own behaviors and procedures. In the event of a violation, businesses must have a crisis management plan in place to effectively respond to and mitigate any damage caused. This may involve engaging legal counsel, conducting an internal investigation, cooperating with law enforcement, and taking any necessary steps to address any policy or procedural failures that contributed to the violation. One strategy that businesses can employ to prevent violations of Section 393(2) of the Criminal Code is to implement a whistleblower policy. Such policies encourage employees to report any suspected violations of the law or of company policies without fear of retaliation. This can help businesses to identify and address potential violations before they become more serious or widespread. Another strategy is to work with external compliance experts to provide guidance on best practices and identify areas of potential risk. By engaging with specialists who have experience in compliance and regulatory matters, businesses can ensure that they are taking all necessary steps to comply with the law and prevent any potential violations. In conclusion, compliance with Section 393(2) of the Criminal Code of Canada is critical for businesses that collect fares, tolls, tickets, or admission fees. By implementing appropriate compliance measures, conducting risk assessments, and employing effective crisis management strategies, businesses can mitigate their risk exposure and prevent violations of the law. Working with external compliance experts and implementing whistleblower policies are additional strategies that can strengthen their compliance program and ensure that they are operating in a legally and ethically responsible manner.