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

Act current to 2017-06-05 and last amended on 2017-05-18. Previous Versions

Marginal note:Disclosure to law enforcement agencies
  •  (1) The Centre may disclose to the appropriate law enforcement agencies any information of which it becomes aware under subsection (4) or section 62, 63 or 63.1 and that it suspects on reasonable grounds would be relevant to investigating or prosecuting an offence under this Act arising out of a contravention of Part 1 or 1.1.

  • Marginal note:Compliance of persons or entities

    (2) For the purpose of ensuring compliance with Part 1 or 1.1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 or 1.1 applies information relating to the compliance of those persons or entities with that Part.

  • Marginal note:Limitation

    (3) Any information disclosed by the Centre under subsection (1) may be used by an agency referred to in that subsection only as evidence of a contravention of Part 1 or 1.1, and any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in subsection (2) only for purposes relating to compliance with Part 1 or 1.1.

  • Marginal note:Compliance of persons or entities

    (4) For the purpose of ensuring compliance with Parts 1 and 1.1, the Centre shall receive information voluntarily provided to it by a person or entity — other than an agency or body referred to in subsection (2) — relating to the compliance with Part 1 or 1.1 of persons or entities referred to in section 5.

  • 2000, c. 17, s. 65;
  • 2004, c. 15, s. 101;
  • 2006, c. 12, s. 36;
  • 2010, c. 12, s. 1882;
  • 2013, c. 40, ss. 280, 281;
  • 2014, c. 20, s. 287.
Marginal note:Disclosure to Canada Revenue Agency
  •  (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to the initial implementation of policies respecting the reporting of international electronic funds transfers to the Canada Revenue Agency.

  • Marginal note:Limitation

    (2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to the initial implementation of the policies referred to in that subsection or to ensuring compliance with any provision of the Income Tax Act that requires the reporting of international electronic funds transfers to the Canada Revenue Agency.

  • Marginal note:Limitation

    (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.

  • 2014, c. 20, s. 288.
Marginal note:Disclosure to Canada Revenue Agency
  •  (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to ensuring compliance with Part XV.1 of the Income Tax Act.

  • Marginal note:Limitation

    (2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to ensuring compliance with Part XV.1 of the Income Tax Act.

  • Marginal note:Limitation

    (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.

  • 2014, c. 20, s. 289.
Marginal note:Agreements and arrangements
  •  (1) The Centre may enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties, similar to those of the Centre, with respect to verifying compliance with requirements to identify persons or entities, keep and retain records or make reports, or with an international organization made up of such institutions or agencies and established by the governments of states, that stipulates

    • (a) that the Centre and the institution, agency or organization may exchange information about the compliance of persons and entities with those requirements and about the assessment of risk related to their compliance;

    • (b) that the information may only be used for purposes relevant to ensuring compliance with the requirements and to assessing risk related to compliance; and

    • (c) that the information will be treated in a confidential manner and not be further disclosed without the express consent of the Centre.

  • Marginal note:Disclosure

    (2) The Centre may, in accordance with the agreement or arrangement, provide the institution, agency or organization with information referred to in the agreement or arrangement.

  • Marginal note:Usefulness of information

    (3) When the Centre receives information from an institution, agency or organization under an agreement or arrangement, the Centre may provide it with an evaluation of whether the information is useful to the Centre.

  • 2006, c. 12, s. 37.

Contracts and Agreements

Marginal note:Power to enter into
  •  (1) The Centre may, for the purpose of exercising its powers or performing its duties and functions under this Part, enter into contracts, memoranda of understanding and other agreements with a department or an agency of the Government of Canada, with the government of a province, with the government of a foreign state and with any other person or organization, whether inside or outside Canada, in its own name or in the name of Her Majesty in right of Canada.

  • Marginal note:Agreements re databases

    (2) Agreements relating to the Centre’s collection of information from databases referred to in paragraph 54(1)(b) must specify the nature of and limits with respect to the information that the Centre may collect from those databases.

  • Marginal note:Limitation

    (3) Despite subsection (1), only the Minister may enter into an agreement or arrangement referred to in subsection 56(1).

  • 2000, c. 17, s. 66;
  • 2014, c. 20, s. 290.
Marginal note:Choice of service providers

 Despite section 9 of the Department of Public Works and Government Services Act, the Centre may, with the approval of the Governor in Council given on the recommendation of the Treasury Board, procure goods and services, including legal services, from outside the federal public administration.

  • 2000, c. 17, s. 67;
  • 2003, c. 22, s. 224(E).

Legal Proceedings

Marginal note:Centre

 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Centre, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Centre in the name of the Centre in any court that would have jurisdiction if the Centre were a corporation that is not an agent of Her Majesty.

Marginal note:Filing of documents

 The Centre may, for the purpose of any action, suit or other legal proceedings brought or taken under this Act, file with the court any documents containing information referred to in subsection 55(1).

  • 2014, c. 20, s. 291.
Marginal note:No liability

 No action lies against Her Majesty, the Minister, the Director, any employee of the Centre or any person acting under the direction of the Director for anything done or omitted to be done in good faith in the administration or discharge of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.

Audit

Marginal note:Audit
  •  (1) All receipts and expenditures of the Centre are subject to examination and audit by the Auditor General of Canada.

  • Marginal note:Use and disclosure

    (2) The Auditor General of Canada and every person acting on behalf of or under the direction of the Auditor General of Canada shall not use or disclose any information referred to in subsection 55(1) that they have obtained, or to which they have had access, in the course of exercising powers or performing duties and functions under this Act or the Auditor General Act, except for the purposes of exercising those powers or performing those duties and functions.

Reports

Marginal note:Annual report
  •  (1) The Director shall, on or before September 30 of each year following the Centre’s first full year of operations, submit an annual report on the operations of the Centre for the preceding year to the Minister, and the Minister shall table a copy of the report in each House of Parliament on any of the first 30 days on which that House is sitting after the Minister receives the report.

  • Marginal note:Contents

    (2) The report referred to in subsection (1) shall include

    • (a) a description of the management guidelines and policies of the Centre for the protection of human rights and freedoms; and

    • (b) information on the performance by the Centre of its duties and functions, including any statistics by which that performance is measured.

  • 2000, c. 17, s. 71;
  • 2014, c. 20, s. 292.
 
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