Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)

Act current to 2016-05-12 and last amended on 2015-06-23. Previous Versions

Organization and Head Office

Marginal note:Appointment of Director
  •  (1) The Governor in Council shall appoint a Director to hold office during pleasure for a term of not more than five years.

  • Marginal note:Reappointment

    (2) Subject to subsection (3), the Director is eligible to be reappointed on the expiry of a first or subsequent term of office.

  • Marginal note:Limitation

    (3) No person shall hold office as Director for terms of more than ten years in the aggregate.

  • Marginal note:Absence or incapacity

    (4) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint a qualified person to hold office instead of the Director for a term of not more than six months, and the person shall, while holding that office, have all of the powers, duties and functions of the Director under this Part.

  • Marginal note:Delegation by Director

    (5) The Director may delegate to any person, subject to any terms and conditions that the Director may specify, any power, duty or function conferred on the Director under this Act.

Marginal note:Accident compensation

 The Director and the employees of the Centre are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

  • 2000, c. 17, s. 44;
  • 2003, c. 22, s. 224(E).
Marginal note:Director’s powers
  •  (1) The Director is the chief executive officer of the Centre, has supervision over and direction of its work and employees and may exercise any power and perform any duty or function of the Centre. The Director has the rank and all the powers of a deputy head of a department.

  • Marginal note:Directions to authorized persons

    (2) The Director may authorize any person to act, under the Director’s direction, for the purposes of sections 62 to 64.

Marginal note:Employees

 An employee of the Centre may exercise any power and perform any duty or function of the Centre if the employee is appointed to serve in the Centre in a capacity appropriate to the exercise of the power or the performance of the duty or function.

Marginal note:Remuneration

 The Director shall be paid the remuneration fixed by the Governor in Council.

Marginal note:Head office
  •  (1) The head office of the Centre is to be in the National Capital Region, as described in the schedule to the National Capital Act.

  • Marginal note:Other offices

    (2) The Director may, with the approval of the Minister, establish other offices of the Centre elsewhere in Canada.

Human Resources

Marginal note:Personnel
  •  (1) The Director has exclusive authority to

    • (a) appoint, lay off or terminate the employment of the employees of the Centre; and

    • (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of the employment of employees otherwise than for cause.

  • Marginal note:Right of employer

    (2) Nothing in the Public Service Labour Relations Act shall be construed so as to affect the right or authority of the Director to deal with the matters referred to in paragraph (1)(b).

  • Marginal note:Human resources management

    (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may

    • (a) determine the organization of and classify the positions in the Centre;

    • (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties;

    • (c) notwithstanding section 112 of the Public Service Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and

    • (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre.

  • 2000, c. 17, s. 49;
  • 2003, c. 22, ss. 190, 223(A).
Marginal note:Political activities

 Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act.

  • 2000, c. 17, s. 50;
  • 2003, c. 22, s. 242.

Authority to Provide Services

Marginal note:Authority to provide services

 When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

  • 2000, c. 17, s. 51;
  • 2003, c. 22, s. 191.

Disclosure of Information

Marginal note:Director to report to Minister
  •  (1) The Director shall report to the Minister from time to time on the exercise of the Director’s powers and the performance of his or her duties and functions under this Act.

  • Marginal note:Director to report to Minister

    (1.1) On or before September 30 of each year, the Director shall submit to the Minister a report on the Centre’s activities for the preceding year that includes the following information about that year’s activities as well as information on any matters that the Minister or an officer of the Department of Finance specifies:

    • (a) a description of the activities carried out by the Centre to ensure compliance with Parts 1 and 1.1, including a description of those activities by class of persons or entities referred to in section 5, and of its conclusions as to the compliance of those persons or entities with Parts 1 and 1.1;

    • (b) any measures undertaken under paragraph 58(1)(c); and

    • (c) a description, with the relevant statistics included, of the results achieved by and the effectiveness of the Centre in the exercise of its powers and the performance of its duties and functions.

  • Marginal note:Obligation to inform

    (2) The Director shall keep the Minister and any officer of the Department of Finance whom the Director considers appropriate informed of any matter that could materially affect public policy or the strategic direction of the Centre, and any other matter that the Minister considers necessary.

  • Marginal note:Director to disclose other information

    (3) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.

  • Marginal note:Disclosure of information to advisor

    (4) The Director shall disclose to a person engaged under subsection 42(4), in the form and manner that the person directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).

  • 2000, c. 17, s. 52;
  • 2010, c. 12, s. 1871;
  • 2014, c. 20, s. 277.
Marginal note:Limitation
  •  (1) The Director shall not disclose under section 52

    • (a) any information collected by the Centre under subparagraph 54(1)(b)(ii);

    • (b) any information referred to in paragraphs 55(1)(a) to (b.1), (c) or (d);

    • (c) any information referred to in paragraph 55(1)(e) that the Centre prepared for possible disclosure under subsection 55(3), section 55.1 or subsection 56.1(1) or (2); or

    • (d) any information that would directly or indirectly identify a client or employee of a person or entity referred to in section 5.

  • Marginal note:Clarification

    (2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under section 52, the Director shall provide the document with that information excluded.

  • 2000, c. 17, s. 53;
  • 2014, c. 20, s. 278.
 
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