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

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

Marginal note:Decision not to proceed with importing or exporting

 A person or an entity that is required to report currency or monetary instruments may, at any time before they are retained under subsection 14(1) or forfeited as a result of a contravention of subsection 12(1), decide not to proceed further with importing or exporting them.

Retention

Marginal note:Temporary retention
  •  (1) Subject to subsections (2) to (5), if a person or an entity indicates to an officer that they have currency or monetary instruments to report under subsection 12(1) but the report has not yet been completed, the officer may, after giving notice in the prescribed manner to the person or entity, retain the currency or monetary instruments for the prescribed period.

  • Marginal note:Importation or exportation by courier or as mail

    (2) In the case of currency or monetary instruments imported or exported by courier or as mail, the officer shall, within the prescribed period, give the notice to the exporter if the exporter’s address is known, or, if the exporter’s address is not known, to the importer.

  • Marginal note:Limitation

    (3) Currency or monetary instruments may no longer be retained under subsection (1) if, during the period referred to in that subsection,

    • (a) the officer is satisfied that the currency or monetary instruments have been reported under subsection 12(1); or

    • (b) the importer or exporter of the currency or monetary instruments advises the officer that they have decided not to proceed further with importing or exporting them.

  • Marginal note:Content of notice

    (4) The notice referred to in subsection (1) must state

    • (a) the period for which the currency or monetary instruments may be retained;

    • (b) that if, within that period, the currency or monetary instruments are reported under subsection 12(1) or the importer or exporter decides not to proceed further with importing or exporting them, they may no longer be retained; and

    • (c) that currency or monetary instruments retained at the end of that period are forfeited to Her Majesty in right of Canada at that time.

  • Marginal note:Forfeiture and report to Centre

    (5) Currency or monetary instruments that are retained by an officer under subsection (1) are forfeited to Her Majesty in right of Canada at the end of the period referred to in that subsection, and the officer shall send any incomplete report in respect of the forfeited currency or monetary instruments made under subsection 12(1) to the Centre.

Searches

Marginal note:Search of the person
  •  (1) An officer may search

    • (a) any person who has arrived in Canada, within a reasonable time after their arrival in Canada,

    • (b) any person who is about to leave Canada, at any time before their departure, or

    • (c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after they leave the area,

    if the officer suspects on reasonable grounds that the person has secreted on or about their person currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection.

  • Marginal note:Person taken before senior officer

    (2) An officer who is about to search a person under this section shall, on the person’s request, without delay take the person before the senior officer at the place where the search is to take place.

  • Marginal note:Discharge or search

    (3) A senior officer before whom a person is taken under subsection (2) shall, if the senior officer believes there are no reasonable grounds for suspicion under subsection (1), discharge the person or, if the senior officer believes otherwise, direct that the person be searched.

  • Marginal note:Search by same sex

    (4) No person shall be searched under this section by a person who is not of the same sex, and if there is no officer of the same sex at the place where the search is to take place, an officer may authorize any suitable person of the same sex to perform the search.

  • 2000, c. 17, s. 15;
  • 2001, c. 41, s. 55.
Marginal note:Search of conveyance
  •  (1) An officer may, in order to determine whether there are, on or about a conveyance, currency or monetary instruments of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection, stop, board and search the conveyance, examine anything in or on it and open or cause to be opened any package or container in or on it and direct that the conveyance be moved to a customs office or other suitable place for the search, examination or opening.

  • Marginal note:Search of baggage

    (2) An officer may, in order to determine whether there are, in baggage, currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection, search the baggage, examine anything in it and open or cause to be opened any package or container in it and direct that the baggage be moved to a customs office or other suitable place for the search, examination or opening.

  • 2000, c. 17, s. 16;
  • 2001, c. 41, s. 56;
  • 2006, c. 12, s. 13.
Marginal note:Examination and opening of mail
  •  (1) An officer may examine any mail that is being imported or exported and open or cause to be opened any such mail that the officer suspects on reasonable grounds contains currency or monetary instruments of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1).

  • Marginal note:Exception

    (2) An officer may not open or cause to be opened any mail that weighs 30 grams or less unless the person to whom it is addressed consents or the person who sent it consents or has completed and attached to the mail a label in accordance with article 116 of the Detailed Regulations of the Universal Postal Convention.

  • Marginal note:Opening of mail in officer’s presence

    (3) An officer may cause mail that weighs 30 grams or less to be opened in the officer’s presence by the person to whom it is addressed, the person who sent it or a person authorized by either of those persons.

  • 2000, c. 17, s. 17;
  • 2001, c. 41, s. 57.

Seizures

Marginal note:Seizure and forfeiture
  •  (1) If an officer believes on reasonable grounds that subsection 12(1) has been contravened, the officer may seize as forfeit the currency or monetary instruments.

  • Marginal note:Return of seized currency or monetary instruments

    (2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the individual from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities.

  • Marginal note:Notice of seizure

    (3) An officer who seizes currency or monetary instruments under subsection (1) shall

    • (a) if they were not imported or exported as mail, give the person from whom they were seized written notice of the seizure and of the right to review and appeal set out in sections 25 and 30;

    • (b) if they were imported or exported as mail and the address of the exporter is known, give the exporter written notice of the seizure and of the right to review and appeal set out in sections 25 and 30; and

    • (c) take the measures that are reasonable in the circumstances to give notice of the seizure to any person whom the officer believes on reasonable grounds is entitled to make an application under section 32 in respect of the currency or monetary instruments.

  • Marginal note:Service of notice

    (4) The service of a notice under paragraph (3)(b) is sufficient if it is sent by registered mail addressed to the exporter.

  • 2000, c. 17, s. 18;
  • 2001, c. 32, s. 71, c. 41, ss. 58, 134.
Marginal note:Power to call in aid

 An officer may call on other persons to assist the officer in exercising any power of search, seizure or retention that the officer is authorized under this Part to exercise, and any person so called on is authorized to exercise the power.

Marginal note:Recording of reasons for decision

 If an officer decides to exercise powers under subsection 18(1), the officer shall record in writing reasons for the decision.

Marginal note:Report to President and the Centre

 If the currency or monetary instruments have been seized under section 18, the officer who seized them shall without delay report the circumstances of the seizure to the President and to the Centre.

  • 2000, c. 17, s. 20;
  • 2005, c. 38, s. 127.
 
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