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

Transfer to the Minister of Public Works and Government Services

Marginal note:When forfeiture under s. 14(5)
  •  (1) An officer who retains currency or monetary instruments forfeited under subsection 14(5) shall send the currency or monetary instruments to the Minister of Public Works and Government Services.

  • Marginal note:When seizure or payment of a penalty

    (2) An officer who seizes currency or monetary instruments or is paid a penalty under subsection 18(2) shall send the currency or monetary instruments or the penalty, as the case may be, to the Minister of Public Works and Government Services.

  • 2000, c. 17, s. 22;
  • 2001, c. 41, s. 60.

Forfeiture

Marginal note:Time of forfeiture

 Subject to subsection 18(2) and sections 25 to 31, currency or monetary instruments seized as forfeit under subsection 18(1) are forfeited to Her Majesty in right of Canada from the time of the contravention of subsection 12(1) in respect of which they were seized, and no act or proceeding after the forfeiture is necessary to effect the forfeiture.

Review and Appeal

Marginal note:Review of forfeiture

 The forfeiture of currency or monetary instruments seized under this Part is final and is not subject to review or to be set aside or otherwise dealt with except to the extent and in the manner provided by sections 24.1 and 25.

  • 2000, c. 17, s. 24;
  • 2006, c. 12, s. 14.
Marginal note:Corrective measures
  •  (1) The Minister, or any officer delegated by the President for the purposes of this section, may, within 90 days after a seizure made under subsection 18(1) or an assessment of a penalty referred to in subsection 18(2),

    • (a) cancel the seizure, or cancel or refund the penalty, if the Minister is satisfied that there was no contravention; or

    • (b) reduce the penalty or refund the excess amount of the penalty collected if there was a contravention but the Minister considers that there was an error with respect to the penalty assessed or collected, and that the penalty should be reduced.

  • Marginal note:Interest

    (2) If an amount is refunded to a person or entity under paragraph (1)(a), the person or entity shall be given interest on that amount at the prescribed rate for the period beginning on the day after the day on which the amount was paid by that person or entity and ending on the day on which it was refunded.

  • 2006, c. 12, s. 14;
  • 2014, c. 20, s. 273.
Marginal note:Request for Minister’s decision

 A person from whom currency or monetary instruments were seized under section 18, or the lawful owner of the currency or monetary instruments, may, within 90 days after the date of the seizure, request a decision of the Minister as to whether subsection 12(1) was contravened, by giving notice to the Minister in writing or by any other means satisfactory to the Minister.

  • 2000, c. 17, s. 25;
  • 2001, c. 41, s. 61;
  • 2014, c. 20, s. 274.
Marginal note:Extension of time by Minister
  •  (1) If no request for a decision of the Minister is made under section 25 within the period provided in that section, the person or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request.

  • Marginal note:Reasons

    (2) An application shall set out the reasons why the request was not made on time.

  • Marginal note:Burden of proof

    (3) The burden of proof that an application has been made under subsection (1) lies on the person or lawful owner claiming to have made it.

  • Marginal note:Notice of decision

    (4) The Minister shall, without delay after making a decision in respect of an application, notify the applicant in writing of the decision.

  • Marginal note:Conditions for granting application

    (5) The application is not to be granted unless

    • (a) it is made within one year after the end of the period provided in section 25; and

    • (b) the applicant demonstrates that

      • (i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,

      • (ii) it would be just and equitable to grant the application, and

      • (iii) the application was made as soon as circumstances permitted.

  • 2014, c. 20, s. 274.
Marginal note:Extension of time by Federal Court
  •  (1) The person or lawful owner referred to in section 25 may apply to the Federal Court to have their application under section 25.1 granted

    • (a) within the period of 90 days after the Minister dismisses that application, if it is dismissed; or

    • (b) after 90 days have expired after that application was made, if the Minister has not notified the person or lawful owner of a decision made in respect of it.

  • Marginal note:Application process

    (2) The application shall be made by filing in the Federal Court a copy of the application made under section 25.1, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it.

  • Marginal note:Powers of the Court

    (3) The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 25 be deemed to have been made on the date the order was made.

  • Marginal note:Conditions for granting application

    (4) The application is not to be granted unless

    • (a) the application under subsection 25.1(1) was made within one year after the end of the period provided in section 25; and

    • (b) the person or lawful owner making the application demonstrates that

      • (i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,

      • (ii) it would be just and equitable to grant the application, and

      • (iii) the application was made as soon as circumstances permitted.

  • 2014, c. 20, s. 274.
Marginal note:Notice of President
  •  (1) If a decision of the Minister is requested under section 25, the President shall without delay serve on the person who requested it written notice of the circumstances of the seizure in respect of which the decision is requested.

  • Marginal note:Evidence

    (2) The person on whom a notice is served under subsection (1) may, within 30 days after the notice is served, furnish any evidence in the matter that they desire to furnish.

  • 2000, c. 17, s. 26;
  • 2005, c. 38, s. 127.
Marginal note:Decision of the Minister
  •  (1) Within 90 days after the expiry of the period referred to in subsection 26(2), the Minister shall decide whether subsection 12(1) was contravened.

  • Marginal note:Deferral of decision

    (2) If charges are laid with respect to a money laundering offence or a terrorist activity financing offence in respect of the currency or monetary instruments seized, the Minister may defer making a decision but shall make it in any case no later than 30 days after the conclusion of all court proceedings in respect of those charges.

  • Marginal note:Notice of decision

    (3) The Minister shall, without delay after making a decision, serve on the person who requested it a written notice of the decision together with the reasons for it.

  • 2000, c. 17, s. 27;
  • 2001, c. 41, s. 62.
Marginal note:If there is no contravention

 If the Minister decides that subsection 12(1) was not contravened, the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the penalty that was paid, or the currency or monetary instruments or an amount of money equal to their value at the time of the seizure, as the case may be.

 
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