SOR/2007-292200712

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PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACTProceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties RegulationsP.C.2007-1921200712

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 73.1(1)a of the Proceeds of Crime (Money Laundering) and Terrorist Financing Actb, hereby makes the annexed Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations.aS.C. 2006, c. 12, s. 40bS.C. 2000, c. 17; S.C. 2001, c. 41, s. 48INTERPRETATION

1.In these Regulations, Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

2.The short-form descriptions that are set out in column 2 of Part 1 of the schedule, and column 3 of Parts 2, 3 and 4 of the schedule, form no part of these Regulations and are inserted for convenience of reference only.SOR/2008-194, s. 1.

VIOLATIONS

3.The contravention of any of the following provisions is a violation that may be proceeded with under sections 73.11 to 73.5 of the Act:(a)a provision of the Act set out in Column 1 of Part 1 of the schedule;(b)a provision of the Act and a provision of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations set out in Columns 1 and 2 of Part 2 of the schedule;(c)a provision of the Act and a provision of the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations set out in Columns 1 and 2 of Part 3 of the schedule; and(d)a provision of the Act and a provision of the Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations set out in Columns 1 and 2 of Part 4 of the schedule.SOR/2008-194, s. 2.

CLASSIFICATION

4.(1)Each violation is classified as a minor, serious or very serious violation, as set out in column 3 of Part 1 of the schedule and column 4 of Parts 2 to 4 of the schedule.(2)A series of minor violations identified on a notice of violation shall be considered to be a serious violation for the purpose of section 73.21 of the Act if the total of the penalties for the violations set out in the notice is equal to or greater than $10,000.SOR/2008-194, s. 3.

PENALTIES

5.Subject to subsection 73.1(2) of the Act, the range of penalties in respect of a violation is(a)$1 to $1,000 in the case of a minor violation;(b)$1 to $100,000 in the case of a serious violation; and(c)$1 to $500,000 in the case of a very serious violation.

ADDITIONAL CRITERIA

6.For the purposes of section 73.11 of the Act, the history of compliance by the person or entity with the Act, other than Part 2 of the Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations and the Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations are prescribed as criteria that are to be taken into account in determining the amount of a penalty.SOR/2008-194, s. 4.

SERVICE OF DOCUMENTS

7.(1)Service of any document under Part 4.1 of the Act may be made(a)in the case of a person, by(i)personally serving the document on the person,(ii)leaving the document with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the person, or(iii)sending the document by registered mail, courier, fax or other electronic means to the person’s last known address or usual place of residence; and(b)in the case of an entity, by(i)leaving the document at the entity’s head office or place of business, with an officer or other person who appears to be in control or management of the head office or place of business,(ii)sending the document by registered mail, courier or fax to the head office or place of business of the entity, or(iii)sending the document by electronic means other than by fax to any person referred to in subparagraph (i).(2)If a document is sent by fax or other electronic means, a copy of it shall also be sent by registered mail to the person’s last known address or usual place of residence, or, in the case of an entity, to the entity’s head office or place of business.

8.In the absence of proof to the contrary, a document — other than a document that is personally served — is deemed to be served(a)in the case of a document that is left with an adult referred to in subparagraph 7(1)(a)(ii), on the day the document is left with the adult;(b)in the case of a document that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and(c)in the case of a document sent by fax or other electronic means, on the day of transmission.

INTEREST RATE DETERMINATION

9.(1)For the purposes of section 73.28 of the Act, the prescribed rate of interest at any time in a particular quarter is the total of:(a)the rate that is the simple arithmetic mean, expressed as a percentage per year and rounded to the next higher whole percentage where the mean is not a whole percentage, of all amounts each of which is the average equivalent yield, expressed as a percentage per year, of Government of Canada Treasury Bills that mature approximately three months after their date of issue and that are sold at auctions of Government of Canada Treasury Bills during the first month of the quarter preceding the particular quarter; and(b)four per cent.(2)The interest referred to in subsection (1) is calculated and compounded monthly.(3)For the purposes of subsection (1) quarter means a period of three consecutive months ending on March 31, June 30, September 30 or December 31.

COMING INTO FORCE

10.These Regulations come into force on December 30, 2008.

SCHEDULE(Sections 2, 3 and 4)PART 1PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACTColumn 1Column 2Column 3ItemProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing ActShort-form DescriptionClassification of Violation1.9.4(2)Entering into a correspondent banking relationship with a shell bankserious2.9.7(1)Failure of a prescribed person or entity to ensure that their prescribed wholly owned subsidiaries develop and apply policies and procedures that are consistent with the requirements of sections 6, 6.1 and 9.6 of the Actserious3.9.7(2)Failure of a prescribed person or entity to keep a record of a policy or procedure that contravenes the laws of the country in which a prescribed wholly owned subsidiary is locatedminor4.9.8Failure of a prescribed entity to ensure that its prescribed branches develop and apply policies and procedures that are consistent with the requirements of sections 6, 6.1 and 9.6 of the Actserious5.11.1Failure of a prescribed person or entity to be registered with the Centreserious6.62(2)Failure to give reasonable assistance and information reasonably required to an authorized personserious7.63.1(2)Failure to provide, in accordance with a notice, documents or other information reasonably required by an authorized personseriousPART 2PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT AND PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING REGULATIONSColumn 1Column 2Column 3Column 4ItemProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing ActProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing RegulationsShort-form DescriptionClassification of Violation1.9(1)2Failure to convert foreign currency transactions into Canadian dollars based on the prescribed rateminor2.9(1)4(1)Failure to send a report electronically, if the sender has the technical capabilities, in accordance with the guidelines prepared by the Centreminor3.9(1)4(2)Failure to send a report in paper format, if the sender does not have the technical capabilities to send electronically, in accordance with guidelines prepared by the Centreminor4.9(1)5(1)Failure to report an electronic funds transfer no later than five working days after the transferminor5.9(1)5(2)Failure to report a large casino disbursement or a transaction for which a large transaction record must be kept within 15 days after the disbursement or transactionminor6.68(1)Failure to take reasonable measures to determine if an individual giving cash is acting on behalf of a third partyminor7.68(2)Failure to keep a record of prescribed information respecting third partiesminor8.68(3)Failure to keep a record of prescribed information respecting suspected third partiesminor9.69(1)Failure to take reasonable measures when opening an account to determine if the account is to be used by or on behalf of a third partyminor10.69(2)Failure to keep a record of prescribed information respecting third partiesminor11.69(3)Failure to keep a record of prescribed information in respect of suspected third partiesminor12.610(1)Failure to take reasonable measures when client information record is created to determine whether the client is acting on behalf of a third party.minor13.610(2)Failure to keep a record of prescribed information when it is determined that the client is acting on behalf of a third partyminor14.610(3)Failure to keep a record of prescribed information when there are reasonable grounds to suspect that the client is acting on behalf of a third partyminor15.611Failure of a trust company to keep a record of prescribed information concerning inter vivos trustsminor15.1611.1(1)Failure of a specified person or entity to take reasonable measures to obtain and, if obtained, keep a record of prescribed informationminor15.2611.1(2)Failure of a specified person or entity to keep a record that indicates the reason why prescribed information could not be obtainedminor15.3611.1(3)Failure of a specified person or entity to determine whether a not-for-profit organization is a prescribed entity and to keep a record of the determinationminor16.9(1)12(1)(a)Failure of a financial entity to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor17.9(1)12(1)(b)Failure of a financial entity to report the sending out of Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed informationminor18.9(1)12(1)(c)Failure of a financial entity to report the receipt from outside Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed informationminor19.613Failure of a financial entity to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transactionminor20.614Failure of a financial entity to keep prescribed recordsminor20.1614.1Failure of a financial entity to keep a prescribed record in respect of every credit card account that it opensminor21.615Failure of a trust company to keep prescribed records in respect of a trust for which it is trusteeminor21.19.4(1)(a)15.1(1) and (2)Failure of a specified entity entering into a correspondent banking relationship with a prescribed foreign entity to keep a prescribed recordminor21.29.4(1)(c)15.1(1)Failure of a specified entity entering into a correspondent banking relationship with a prescribed foreign entity to obtain the approval of senior managementminor21.39.4(1)(d)15.1(1)Failure of a specified entity entering into a correspondent banking relationship with a prescribed foreign entity to set out in writing their obligations and those of the foreign entity in respect of the correspondent banking servicesminor21.49.4(1)(e)15.1(1) and (3)Failure of a specified entity to take reasonable measures to ascertain whether a prescribed foreign entity with whom it has entered into a correspondent banking relationship has in place prescribed policies and procedures and, if they are not in place, to take prescribed measuresminor22.9(1)17Failure of a life insurance company or life insurance broker or agent who receives from a client an amount in cash of $10,000 or more in the course of a single transaction to report the transaction together with the prescribed informationminor23.618Failure of a life insurance company or life insurance broker or agent to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transactionminor24.619(1)Failure of a life insurance company or life insurance broker or agent to keep a client information record in respect of every annuity or policy for which $10,000 or more is paidminor25.620Failure of a life insurance company or life insurance broker or agent to keep prescribed records of a corporate clientminor25.1620.1Failure of a life insurance company or life insurance broker or agent to keep a record of prescribed information when a transaction is reviewedminor26.9(1)21Failure of a securities dealer who receives from a client an amount in cash of $10,000 or more in the course of a single transaction to report the transaction together with the prescribed informationminor27.622Failure of a securities dealer to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transactionminor28.623Failure of a securities dealer to keep prescribed recordsminor29.9(1)28(1)(a)Failure of a money services business to report the receipt from a client of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor30.9(1)28(1)(b)Failure of a money services business to report the sending out of Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed informationminor31.9(1)28(1)(c)Failure of a money services business to report the receipt from outside Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed informationminor32.629Failure of a money services business to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transactionminor33.630Failure of a money services business to keep prescribed recordsminor33.1631Failure of a specified money services business to keep a record of prescribed information when a transaction is reviewedminor33.2632Failure of a specified money services business to keep a record of prescribed informationminor33.3933.1Failure of a British Columbia notary public or notary corporation to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor33.4633.2(1)Failure of a British Columbia notary public or notary corporation to keep prescribed recordsminor33.5633.2(2)Failure of a British Columbia notary public or notary corporation to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transactionminor33.6633.4Failure of a legal counsel or legal firm to keep prescribed recordsminor33.7633.5(a)Failure of a legal counsel or legal firm to keep prescribed recordsminor34.9(1)35Failure of an accountant or accounting firm to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor35.636(1)Failure of an accountant or accounting firm to keep prescribed recordsminor36.636(2)Failure of an accountant or accounting firm to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transactionminor37.9(1)38Failure of a real estate broker or sales representative to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor38.639(1)Failure of a real estate broker or sales representative to keep prescribed recordsminor39.639(2)Failure of a real estate broker or sales representative to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transactionminor39.19(1)39.2Failure of a dealer in precious metals and stones to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor39.2639.3Failure of a dealer in precious metals and stones to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transactionminor39.39(1)39.6Failure of a real estate developer to report the receipt of an amount of $10,000 or more in the course of a single transaction, together with the prescribed informationminor39.4639.7(1)Failure of a real estate developer to keep prescribed records when engaging in a prescribed activityminor39.5639.7(2)Failure of a real estate developer when engaging in a prescribed activity to keep a large cash transaction record in respect of every amount of $10,000 or more that they receive in the course of a single transactionminor40.9(1)40(1)(a)Failure of a casino to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor41.9(1)40(1)(b)Failure of a casino to report the sending out of Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed informationminor42.9(1)40(1)(c)Failure of a casino to report the receipt from outside Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed informationminor43.641(1)Failure of a casino to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transactionminor44.9(1)42(1)Failure of a casino to report the disbursement of $10,000 or more in the course of prescribed transactions, together with the prescribed informationminor45.643Failure of a casino to keep prescribed recordsminor45.1644(1)Failure of a casino to take reasonable measures to determine if a person who receives a prescribed disbursement is acting on behalf of a third partyminor45.2644(2)Failure of a casino to keep a record of prescribed information when it is determined that the client is acting on behalf of a third partyminor45.3644(3)Failure of a casino to keep a record of prescribed information when there are reasonable grounds to suspect that the client is acting on behalf of a third partyminor46.9(1)47Failure of a department or agent of Her Majesty in right of Canada or of a province to report the receipt from a client of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed informationminor47.648Failure of a department or agent of Her Majesty in right of Canada or of a province to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that it receives from a client in the course of a single transactionminor48.649Failure of a department or agent of Her Majesty in right of Canada or of a province to keep prescribed recordsminor49.9(1)50(3)Failure of a specified financial entity to report changes in prescribed information within 15 days of the changeminor50.9(1)50(4)(a)Failure of a specified financial entity to verify at least once every 12 months that prescribed conditions are still met in respect of each clientminor51.9(1)50(4)(b)Failure of a specified financial entity to report prescribed information at least once every 12 monthsminor52.6.153, 64(1) and 64(2)(b)Failure of a specified person or entity to ascertain in the prescribed manner and within the prescribed period the identity of every individual with whom the person or entity conducts a transaction in respect of which a record must be keptminor52.16.153.1, 64(1) and 64(2)(b.1)Failure of a specified person or entity to take reasonable measures to ascertain in the prescribed manner and within the prescribed period the identity of every person with whom the person or entity conducts a transaction that is required to be reported to the Centreminor52.29.253.2, 64, 65 and 66Opening an account for a client by a specified person or entity in the prescribed circumstances when the identity of the client cannot be established in accordance with prescribed measuresserious53.6.154(1)(a), 64(1) and 64(2)(a)Failure of a financial entity to ascertain in the prescribed manner and within the prescribed period the identity of every person who signs a signature cardminor54.6.154(1)(b), 64(1) and 64(2)(b)Failure of a financial entity to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a prescribed transaction or transferminor55.6.154(1)(d), 65(1) and 65(2)(a)Failure of a financial entity to confirm in the prescribed manner and within the prescribed period the existence of, and the prescribed information in respect of, corporations for which the financial entity opens an accountminor56.6.154(1)(e), 66(1) and 66(2)(a)Failure of a financial entity to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which the financial entity opens an account.minor56.16.154.1(a), 64(1.1) and 64(2)(b.2)Failure of a financial entity to ascertain in the prescribed manner and within the prescribed period the identity of every person for whom the financial entity opens a credit card accountminor56.26.154.1(b), 65(1) and 65(2)(a.1)Failure of a financial entity to ascertain in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, a corporation for which the financial entity opens a credit card accountminor56.36.154.1(c), 66(1) and 66(2)(a.1)Failure of a financial entity to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which the financial entity opens a credit card accountminor56.49.3(1)54.2(a) and 67.1(2)Failure of a financial entity to take reasonable measures within the prescribed period to determine whether a person for whom the financial entity opens an account is a politically exposed foreign personminor56.59.3(1)54.2(b) and 67.1(3)Failure of a financial entity to take reasonable measures within the prescribed period to determine whether a person who is an existing account holder is a politically exposed foreign personminor56.69.3(1)54.2(c) and 67.2(3)Failure of a financial entity to take reasonable measures within the prescribed period to determine whether a person who initiates an electronic funds transfer of $100,000 or more is a politically exposed foreign personminor56.79.3(1)54.2(d) and 67.2(3)Failure of a financial entity to take reasonable measures within the prescribed period to determine whether a person who is the beneficiary of an electronic funds transfer of $100,000 or more is a politically exposed foreign personminor57.6.155(a), 64(1) and 64(2)(c)Failure of a trust company to ascertain in the prescribed manner and within the prescribed period the identity of every person who is the settlor of an inter vivos trustminor58.6.155(b), 65(1) and 65(2)(b)Failure of a trust company to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation that is the settlor of an institutional trustminor59.6.155(c), 66(1) and 66(2)(b)Failure of a trust company to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, that is the settlor of an institutional trustminor60.6.155(d)(i), 65(1), 65(2)(b) or 55(d)(i), 66(1) and 66(2)(b)Failure of a trust company to confirm in the prescribed manner and within the prescribed period the existence of — and, in the case of a corporation, the prescribed information in respect of — an entity that is authorized to act as a co-trustee of any trustminor61.6.155(d)(ii), 64(1) and 64(2)(c)Failure of a trust company to ascertain in the prescribed manner and within the prescribed period the identity of persons who are authorized to give instructions with respect to an entity’s activities as co-trusteeminor62.6.155(e), 64(1) and 64(2)(c)Failure of a trust company to ascertain in the prescribed manner and within the prescribed period the identity of each person who is authorized to act as co-trustee of any trustminor62.19.4(1)(a)55.1(a)Failure of a financial entity that enters into a correspondent banking relationship with a foreign financial institution to ascertain, in the prescribed manner, prescribed information in respect of the foreign financial institutionminor62.29.4(1)(a)55.1(b)Failure of a financial entity that enters into a correspondent banking relationship with a foreign financial institution to take reasonable measures to ascertain, in the prescribed manner, prescribed information in respect of the foreign financial institution and to conduct prescribed monitoringminor62.39.4(1)(a)55.2(a)Failure of a financial entity that enters into a correspondent banking relationship with a foreign financial institution to take reasonable measures to ascertain whether the institution has met the prescribed requirementsminor62.49.4(1)(a)55.2(b)Failure of a financial entity that enters into a correspondent banking relationship with a foreign financial institution to take reasonable measures to ascertain whether the institution has agreed to provide customer identification dataminor63.6.156(1), 64(1) and 64(2)(d)Failure of a life insurance company or life insurance broker or agent to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction for which a client information record is required to be keptminor64.6.156(3), 65(1) and 65(2)(c)Failure of a life insurance company or life insurance broker or agent to confirm in the prescribed manner and within the prescribed period the existence of, and the prescribed information in respect of, every corporation in respect of which they are required to keep a client information recordminor65.6.156(4), 66(1) and 66(2)(c)Failure of a life insurance company or life insurance broker or agent to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, in respect of which they are required to keep a client information recordminor65.19.3(1)56.1 and 67.2(3)Failure of a life insurance company or life insurance broker or agent to take reasonable measures to determine within the prescribed period if a prescribed person is a politically exposed foreign personminor66.6.157(1), 64(1) and 64(2)(a)Failure of a securities dealer to ascertain in the prescribed manner and within the prescribed period the identity of every person who is authorized to give instructions in respect of an account for which a record must be keptminor67.6.157(3), 65(1) and 65(2)(d)Failure of a securities dealer to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation for which it opens an accountminor68.6.157(4), 66(1) and 66(2)(d)Failure of a securities dealer to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which it opens an accountminor68.19.3(1)57.1(1) and 67.1(2)Failure of a securities dealer to take reasonable measures within the prescribed period to determine whether a person for whom the dealer opens an account is a politically exposed foreign personminor68.29.3(1)57.1(2) and 67.1(3)Failure of a securities dealer to take reasonable measures within the prescribed period to determine whether a person who is an existing account holder is a politically exposed foreign personminor69.6.159(1)(a), 64(1) and 64(2)(b)Failure of a money services business to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction of $3,000 or more for the issuance or redemption of money orders, traveller’s cheques or other similar negotiable instrumentsminor70.6.159(1)(b), 64(1) and 64(2)(b)Failure of a money services business to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction for the remittance or transmission of $1,000 or moreminor71.6.159(1)(c), 64(1) and 64(2)(b)Failure of a money services business to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a foreign currency exchange transaction of $3,000 or moreminor72.6.159(2), 65(1) and 65(2)(c)Failure of a money services business to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation in respect of which a client information record is required to be keptminor73.6.159(3), 66(1) and 66(2)(c)Failure of a money services business to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, in respect of which a client information record is required to be keptminor73.19.3(1)59(5)(a) and 67.2(3)Failure of a money services business to take reasonable measures within the prescribed period to determine whether a person who initiates an electronic funds transfer of $100,000 or more is a politically exposed foreign personminor73.119.3(1)59(5)(b) and 67.2(3)Failure of a money services business to take reasonable measures within the prescribed period to determine whether a person who is the beneficiary of an electronic funds transfer of $100,000 or more is a politically exposed foreign personminor73.126.159.1(a), 64(1) and 64(2)(e)Failure of an accountant or accounting firm to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a prescribed transactionminor73.136.159.1(b), 65(1) and 65(2)(e)Failure of an accountant or accounting firm to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation on whose behalf a prescribed transaction is conductedminor73.146.159.1(c), 66(1) and 66(2)(e)Failure of an accountant or accounting firm to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, on whose behalf a prescribed transaction is conductedminor73.156.159.2(1)(a), 64(1) and 64(2)(e)Failure of a real estate broker or sales representative to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a prescribed transactionminor73.166.159.2(1)(b), 65(1) and 65(2)(e)Failure of a real estate broker or sales representative to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation on whose behalf a prescribed transaction is conductedminor73.176.159.2(1)(c), 66(1) and 66(2)(e)Failure of a real estate broker or sales representative to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, on whose behalf a prescribed transaction is conductedminor73.186.159.2(3)Failure of a real estate broker or sales representative that represents a party to a prescribed transaction to ascertain the identity or confirm the existence of parties that are not represented by a real estate broker or sales representativeminor73.196.159.3(a), 64(1) and 64(2)(b)Failure of a British Columbia notary public or notary corporation to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a prescribed transactionminor73.26.159.3(b), 65(1) and 65(2)(e)Failure of a British Columbia notary public or notary corporation to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation on whose behalf a prescribed transaction is conductedminor73.216.159.3(c), 66(1) and 66(2)(e)Failure of a British Columbia notary public or notary corporation to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, on whose behalf a prescribed transaction is conductedminor73.226.159.4(1)(a), 64(1) and 64(2)(b)Failure of a legal counsel or a legal firm to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a prescribed transactionminor73.236.159.4(1)(b), 65(1) and 65(2)(e)Failure of a legal counsel or a legal firm to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation on whose behalf a prescribed transaction is conductedminor73.246.159.4(1)(c), 66(1) and 66(2)(e)Failure of a legal counsel or a legal firm to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, on whose behalf a prescribed transaction is conductedminor73.256.159.5(a), 64(1) and 64(2)(b)Failure of a real estate developer to ascertain in the prescribed manner and within the prescribed period the identity of a person who conducts a prescribed transactionminor73.266.159.5(b), 65(1) and 65(2)(e)Failure of a real estate developer to confirm in the prescribed manner and within the prescribed period the existence of, and the prescribed information in respect of, corporations on whose behalf a prescribed transaction is conductedminor73.276.159.5(c), 66(1) and 66(2)(e)Failure of a real estate developer to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, on whose behalf a prescribed transaction is conductedminor74.6.160(a), 64(1) and 64(2)(a)Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who signs a signature card in respect of an account that the casino opensminor75.6.160(b)(i), 64(1) and 64(2)(b)Failure of a casino to confirm in the prescribed manner and within the prescribed time the identity of every person who receives a prescribed amount from the casinominor76.6.160(b)(ii), 64(1) and 64(2)(b)Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction of $3,000 or more with the casino for which an extension of credit record is requiredminor77.6.160(b)(iii), 64(1) and 64(2)(b)Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a foreign currency exchange transaction of $3,000 or more with the casino for which a transaction ticket is required to be keptminor78.6.160(b)(iv), 64(1) and 64(2)(b)Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who requests that an amount of $1,000 or more be remitted or transmittedminor79.6.160(e), 65(1) and 65(2)(a)Failure of a casino to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation for which the casino opens an accountminor80.6.160(f), 66(1) and 66(2)(a)Failure of a casino to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which the casino opens an accountminor81.6.161(a), 64(1) and 64(2)(d)Failure of a department or agent of Her Majesty in right of Canada or of a province to ascertain in the prescribed manner and within the prescribed period the identity of every person in respect of whom a client information record is required to be keptminor82.6.161(b), 64(1) and 64(2)(b)Failure of a department or agent of Her Majesty in right of Canada or of a province to ascertain in the prescribed manner and within the prescribed period the identity of every person in respect of whom no client information record is required to be kept and who conducts a transaction that involves an amount of $3,000 or more for the issuance or redemption of money orders or other similar negotiable instrumentsminor83.6.161(c), 65(1) and 65(2)(c)Failure of a department or agent of Her Majesty in right of Canada or of a province to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation in respect of which a client information record is keptminor84.6.161(d), 66(1) and 66(2)(c)Failure of a department or agent of Her Majesty in right of Canada or of a province to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, in respect of which a client information record is keptminor84.16.164.1(1)Failure of a person or entity who relies on an agent or mandatary to take identification measures to enter into an agreement or arrangement with the agent or mandatary for the purposes of ascertaining identityminor84.26.164.1(2)Failure of a person or entity who enters into an agreement or arrangement with an agent or mandatary for the purposes of ascertaining identity to obtain from the agent or mandatory the prescribed informationminor85.665(3)Failure of a person or entity who ascertains information in respect of a corporation by referring to an electronic version of a record to keep a prescribed recordminor86.665(4)Failure of a person or entity who ascertains information in respect of a corporation by referring to a paper copy of a record to retain the record or a copy of itminor87.666(3)Failure of a person or entity who ascertains information in respect of an entity by referring to an electronic version of a record to keep a prescribed recordminor88.666(4)Failure of a person or entity who ascertains information in respect of an entity by referring to a paper copy of a record to retain the record or a copy of itminor88.19.5(a)66.1(1) and (2)Failure of a prescribed person or entity to include prescribed information in prescribed electronic funds transfersminor88.29.5(b)66.1(1) and (2)Failure of a prescribed person or entity to take reasonable measures to ensure that any transfer that the person or entity receives includes prescribed informationminor89.667Failure of a person or entity that is required to ascertain the identity of a person to keep prescribed records in respect of the personminor89.19.3(2)67.1(1)(a)Failure of a prescribed financial entity or securities dealer to take reasonable measures to establish the source of funds that have been, will be or are expected to be depositedminor89.29.3(2)67.1(1)(b)Failure of a prescribed financial entity or securities dealer to obtain the approval of senior management to keep an account openminor89.39.3(2)67.1(1)(c)Failure of a prescribed financial entity or securities dealer to conduct enhanced ongoing monitoring in respect of an accountminor89.49.3(2)67.2(1)Failure of a financial entity, life insurance company, life insurance broker or agent or money services business to take reasonable measures to establish the source of funds for a prescribed transactionminor89.59.3(2)67.2(2) and (3)Failure of a member of senior management of a financial entity, life insurance company, life insurance broker or agent or money services business to review a prescribed transaction within the prescribed periodminor90.669(1)Failure of a person or entity that is required to obtain, keep or create records to retain those records for a period of at least five yearsminor91.670Failure to retain records in such a way that they can be provided to an authorized person within 30 days after their requestminor92.9.6(1)71(1)(a)Failure of a person or entity to appoint a person to be responsible for the implementation of a compliance programserious93.9.6(1)71(1)(b)Failure of a person or entity to develop and apply written compliance policies and procedures that are kept up to date and, in the case of an entity, are approved by a senior officerserious94.9.6(1)71(1)(c)Failure of a person or entity to assess and document the risk referred to in subsection 9.6(2) of the Act, taking into consideration prescribed factorsserious95.9.6(1)71(1)(d)Failure of a person or entity that has employees, agents or other persons authorized to act on their behalf to develop and maintain a written ongoing compliance training program for those employees, agents or personsserious96.9.6(1)71(1)(e)Failure of a person or entity to institute and document the prescribed reviewserious97.9.6(1)71(2)Failure of a person or entity to report prescribed information within 30 days after assessmentserious98.9.6(3)71.1Failure of a prescribed person or entity to take prescribed special measuresseriousPART 3PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT AND PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING SUSPICIOUS TRANSACTION REPORTING REGULATIONSColumn 1Column 2Column 3Column 4ItemProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing ActProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting RegulationsShort-form DescriptionClassification of Violation1.79(1)Failure of a person or entity to include prescribed information in a reportvery serious2.79(2)Failure of a person or entity to send a report within the prescribed periodserious3.7.110Failure of a person or entity to send a report containing the prescribed information without delayvery serious4.712(1)Failure to send report electronically, if the sender has the technical capabilities, in accordance with the guidelines prepared by the Centreserious5.712(2)Failure to send report in paper format, if the sender does not have the technical capabilities to send electronically, in accordance with the guidelines prepared by the Centreserious6.712(3)Failure to submit a report in paper format in accordance with the guidelines prepared by the Centreserious7.612.1Failure of a person or entity to keep a copy of a report submitted to the Centreminor8.612.3(1)Failure of a person or entity to keep a copy of a prescribed report for the prescribed periodminorPART 4PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT AND PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING REGISTRATION REGULATIONSColumn 1Column 2Column 3Column 4ItemProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing ActProvision of Proceeds of Crime (Money Laundering) and Terrorist Financing Registration RegulationsShort-form DescriptionClassification of Violation1.11.12(1)4(a) and 5Failure of an applicant or a registered person or entity to submit an application for registration in the prescribed manner and with the prescribed informationserious2.11.134(b) and 5Failure of an applicant or a registered person or entity to submit a notification of a change to the information provided in a prescribed application in the prescribed manner and with the prescribed informationserious3.11.134(c) and 5Failure of an applicant or a registered person or entity to submit a notification of newly obtained information in the prescribed manner and with the prescribed informationserious4.11.14(1)4(d) and 5Failure of an applicant to submit a requested clarification within the prescribed time, in the prescribed manner and with the prescribed informationserious5.11.17(1)4(d) and 5Failure of a registered person or entity to submit a requested clarification within the prescribed period, in the prescribed manner and with the prescribed informationserious6.11.194(e), 5 and 6.1Failure of a registered person or entity to submit an application to renew their registration within the prescribed period, in the prescribed manner and with the prescribed informationserious7.11.24(f) and 6Failure of a registered person or entity that ceases an activity for which they are registered to submit notification of the cessation within the prescribed period, in the prescribed manner and with the prescribed informationseriousSOR/2008-194, ss. 5 to 27.