Marginal note:Use of information
37 No official shall use information referred to in subsection 36(1) for any purpose other than exercising powers or performing duties and functions under this Part.
Agreements for Exchange of Information
Marginal note:Agreements with foreign states
38 (1) The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has reporting requirements similar to those set out in this Part, whereby
(a) information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of currency or monetary instruments; and
(b) information contained in reports in respect of currency or monetary instruments imported into that state from Canada will be provided to the Canada Border Services Agency.
Marginal note:Information sent under an agreement
(2) When an agreement or arrangement referred to in subsection (1) is in effect with a foreign state or an institution or agency of that state and a person fulfils the reporting requirements of that state in respect of currency or monetary instruments that are imported into that state from Canada, the person is deemed to have fulfilled the requirements set out in section 12 in respect of the exportation of the currency or monetary instruments.
Marginal note:Information received by the Centre
(3) The information received under an agreement or arrangement referred to in subsection (1) shall be sent to the Centre and, for the purposes of any provision of this Act dealing with the confidentiality of information or the collection or use of information by the Centre, is deemed to be information set out in a report made under section 12.
- 2000, c. 17, s. 38;
- 2005, c. 38, ss. 125, 139.
Marginal note:Agreements with foreign states
38.1 The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has powers and duties similar to those of the Canada Border Services Agency, whereby the Canada Border Services Agency may, if it has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, provide information set out in a report made under section 20 to that government, institution or agency.
- 2006, c. 12, s. 23.
Marginal note:Minister’s duties
39 (1) The Minister may authorize an officer or a class of officers to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Part.
Marginal note:President’s duties
(2) The President may authorize an officer or a class of officers to exercise powers or perform duties of the President under this Part.
- 2000, c. 17, s. 39;
- 2005, c. 38, s. 127.
PART 3Financial Transactions and Reports Analysis Centre of Canada
40 The object of this Part is to establish an agency that
(a) acts at arm’s length and is independent from law enforcement agencies and other entities to which it is authorized to disclose information under subsection 55(3), 55.1(1) or 56.1(1) or (2);
(b) collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering and of the financing of terrorist activities, and in order to assist the Minister in carrying out the Minister’s powers and duties under Part 1.1;
(c) ensures that personal information under its control is protected from unauthorized disclosure;
(d) operates to enhance public awareness and understanding of matters related to money laundering and the financing of terrorist activities; and
(e) ensures compliance with Parts 1 and 1.1.
- 2000, c. 17, s. 40;
- 2001, c. 41, s. 65;
- 2010, c. 12, s. 1870;
- 2014, c. 20, s. 276.
Establishment of the Centre
Marginal note:Centre established
Marginal note:Powers of Centre
(2) The Centre may exercise powers only as an agent of Her Majesty in right of Canada.
Marginal note:Minister is responsible
Marginal note:Minister may direct
(2) The Minister may direct the Centre on any matter that, in the Minister’s opinion, materially affects public policy or the strategic direction of the Centre.
Marginal note:Statutory instruments
(4) The Minister may from time to time engage the services of any person to advise and report to the Minister on any matter referred to in subsection (2).
Organization and Head Office
Marginal note:Appointment of Director
(2) Subject to subsection (3), the Director is eligible to be reappointed on the expiry of a first or subsequent term of office.
(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
44 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
45 (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.
46 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.
47 The Director shall be paid the remuneration fixed by the Governor in Council.
Marginal note:Head office
Marginal note:Other offices
(2) The Director may, with the approval of the Minister, establish other offices of the Centre elsewhere in Canada.
Marginal note:Right of employer
Marginal note:Human resources management
(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 Federal Public Sector 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);
- 2017, c. 9, s. 55.
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