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

Act current to 2017-09-14 and last amended on 2017-06-22. Previous Versions

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).

  • (2) and (3) [Repealed, 2017, c. 7, s. 53]

  • 2000, c. 17, s. 17;
  • 2001, c. 41, s. 57;
  • 2017, c. 7, s. 53.

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.

Exported Mail

Marginal note:Mail to be made available to an officer
  •  (1) On request of an officer, any mail that is being sent from a place in Canada to a place in a foreign country and that contains or is suspected to contain currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) shall be submitted by the Canada Post Corporation to an officer.

  • Marginal note:Mail in the course of post

    (2) All mail that is submitted to an officer under this section remains, for the purposes of the Canada Post Corporation Act, in the course of post unless it is retained or seized under this Part.

  • Marginal note:Notice of retention or seizure

    (3) If mail is retained or seized under this Part, notice of the retention or seizure shall be given in writing to the Canada Post Corporation within 60 days after the retention or seizure unless the mail has, before the expiry of that period, been returned to the Corporation.

  • Marginal note:Mail subject to customs laws

    (4) An officer shall deal with all mail submitted to the officer under this section in accordance with the laws relating to customs and this Part and, subject to those laws and this Part, shall return it to the Canada Post Corporation.

  • Marginal note:Non-mailable matter

    (5) Any non-mailable matter found by an officer in mail made available to the officer under this section shall be dealt with in accordance with the regulations made under the Canada Post Corporation Act.

  • 2000, c. 17, s. 21;
  • 2001, c. 41, s. 59.

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.
 
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