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

Act current to 2017-03-20 and last amended on 2015-06-23. Previous Versions

Marginal note:Due diligence available
  •  (1) Due diligence is a defence in a proceeding in relation to a violation.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2006, c. 12, s. 40.

Collection of Penalties

Marginal note:Debts to Her Majesty
  •  (1) A penalty and any interest due in respect of the penalty constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court.

  • Marginal note:Time limit

    (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the period of five years that begins on the day on which the debt became payable.

  • Marginal note:Proceeds payable to Receiver General

    (3) A penalty paid or recovered under this Part is payable to and shall be remitted to the Receiver General.

  • 2006, c. 12, s. 40.
Marginal note:Certificate
  •  (1) The unpaid amount of any debt referred to in subsection 73.25(1) may be certified by the Director.

  • Marginal note:Registration in Federal Court

    (2) Registration in the Federal Court of a certificate made under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

  • 2006, c. 12, s. 40.
Marginal note:Collecting penalties
  •  (1) The Centre may, for the purpose of collecting penalties proposed in a notice of violation issued under subsection 73.13(2) or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of Her Majesty in right of Canada.

  • Marginal note:Disclosure of information

    (2) The Centre may disclose to the other party of the contract, memorandum or agreement any information required to collect the penalties.

  • Marginal note:Use of information

    (3) The other party shall not use the information referred to in subsection (2) for any purpose other than collecting the penalties.

  • 2006, c. 12, s. 40.
Marginal note:Interest

 If a person or entity fails to remit a penalty payable under this Part to the Receiver General, the person or entity shall pay to the Receiver General interest on the amount of the penalty. The interest shall be calculated at the prescribed rate for the period beginning on the first day after the day on which the amount was required to be paid and ending on the day on which the amount is paid.

  • 2006, c. 12, s. 40.
Marginal note:Garnishment
  •  (1) If the Director is of the opinion that a person or entity is or is about to become liable to make a payment to a person or entity liable to pay a penalty or interest under this Part, the Director may, by written notice, require the first person or entity to pay without delay to the Receiver General, on account of the second person’s or entity’s liability, all or part of the money otherwise payable to the second person or entity.

  • Marginal note:Applicability to future payments

    (2) If the Director requires an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,

    • (a) the requirement is applicable to all future payments of remuneration until the liability is satisfied; and

    • (b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Director stipulates in the notice.

  • Marginal note:Discharge of liability

    (3) The receipt of the Director is a good and sufficient discharge of the original liability to the extent of the payment.

  • 2006, c. 12, s. 40.
Marginal note:Write-off
  •  (1) The Director may write off in whole or in part a penalty or interest payable by a person or entity under this Part.

  • Marginal note:Effect of write-off

    (2) The writing off of a penalty or interest under this section does not affect any right of Her Majesty to collect or recover the penalty or interest.

  • 2006, c. 12, s. 40.

General Provisions

Marginal note:Evidence

 In a proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under subsection 73.13(2), a notice of decision purporting to be issued under subsection 73.15(4) or 73.19(4), a notice of default purporting to be issued under subsection 73.18(1) or a certificate purporting to be made under subsection 73.26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • 2006, c. 12, s. 40.
Marginal note:Time limit
  •  (1) No proceedings in respect of a violation may be commenced later than two years after the subject-matter of the proceedings became known to the Centre.

  • Marginal note:Certificate of Centre

    (2) A document appearing to have been issued by the Centre, certifying the day on which the subject-matter of any proceedings became known to the Centre, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

  • 2006, c. 12, s. 40.

PART 5Offences and Punishment

Marginal note:General offences
  •  (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.3, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.43, 11.44 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both.

  • Marginal note:Offence — contravention of a directive

    (2) Every person or entity that knowingly contravenes section 11.43, except insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both.

  • 2000, c. 17, s. 74;
  • 2006, c. 12, s. 41;
  • 2010, c. 12, s. 1878;
  • 2014, c. 20, s. 295.
Marginal note:Reporting and regulations — sections 7 and 7.1 and subsection 11.49(1)
  •  (1) Every person or entity that knowingly contravenes section 7 or 7.1 or any regulation made under subsection 11.49(1) is guilty of an offence and liable

    • (a) on summary conviction,

      • (i) for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and

      • (ii) for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both.

  • Marginal note:Defence for employees

    (2) No employee of a person or an entity shall be convicted of an offence under subsection (1) in respect of a transaction or proposed transaction that they reported to their superior or in respect of property whose existence they reported to their superior.

  • 2000, c. 17, s. 75;
  • 2001, c. 41, s. 74;
  • 2010, c. 12, s. 1879.
 
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