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

Act current to 2017-11-06 and last amended on 2017-10-06. Previous Versions

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.
Marginal note:Disclosure

 Every person or entity that contravenes section 8

  • (a) is guilty of an offence punishable on summary conviction; or

  • (b) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.

Marginal note:Reporting — section 9
  •  (1) Every person or entity that contravenes subsection 9(1) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $500,000 for a first offence and of not more than $1,000,000 for each subsequent offence.

  • Marginal note:Reporting — section 11.43

    (2) Every person or entity that contravenes section 11.43, only 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 on summary conviction to a fine of not more than $500,000 for a first offence and of not more than $1,000,000 for each subsequent offence.

  • Marginal note:Due diligence defence

    (3) No person or entity shall be convicted of an offence under subsection (1) or (2) if they establish that they exercised due diligence to prevent its commission.

  • 2000, c. 17, s. 77;
  • 2010, c. 12, s. 1880.
Marginal note:Registry

 Every person or entity that provides information to the Centre under section 11.12, 11.13, 11.14 or 11.3 and that knowingly makes any false or misleading statement or knowingly provides false or misleading information to a person responsible for carrying out functions under this Act 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.

  • 2006, c. 12, s. 42.
Marginal note:Liability of officers and directors

 If a person or an entity commits an offence under this Act, any officer, director or agent of the person or entity who directed, authorized, assented to, acquiesced in or participated in its commission is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person or entity has been prosecuted or convicted.

Marginal note:Offence by employee, agent or mandatary

 In a prosecution for an offence under section 75, 77 or 77.1,

  • (a) it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence; and

  • (b) no person shall be found guilty of the offence if they establish that they exercised due diligence to prevent its commission.

  • 2000, c. 17, s. 79;
  • 2006, c. 12, s. 43.
 
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