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

Act current to 2017-09-27 and last amended on 2017-06-22. Previous Versions

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.

Marginal note:If there is a contravention
  •  (1) If the Minister decides that subsection 12(1) was contravened, the Minister may, subject to the terms and conditions that the Minister may determine,

    • (a) decide that the currency or monetary instruments or, subject to subsection (2), an amount of money equal to their value on the day the Minister of Public Works and Government Services is informed of the decision, be returned, on payment of a penalty in the prescribed amount or without penalty;

    • (b) decide that any penalty or portion of any penalty that was paid under subsection 18(2) be remitted; or

    • (c) subject to any order made under section 33 or 34, confirm that the currency or monetary instruments are forfeited to Her Majesty in right of Canada.

    The Minister of Public Works and Government Services shall give effect to a decision of the Minister under paragraph (a) or (b) on being informed of it.

  • Marginal note:Limit on amount paid

    (2) The total amount paid under paragraph (1)(a) shall, if the currency or monetary instruments were sold or otherwise disposed of under the Seized Property Management Act, not exceed the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the currency or monetary instruments.

  • 2000, c. 17, s. 29;
  • 2006, c. 12, s. 15.
Marginal note:Appeal to Federal Court
  •  (1) A person who makes a request under section 25 for a decision of the Minister may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which the person is the plaintiff and the Minister is the defendant.

  • Marginal note:Ordinary action

    (2) The Federal Courts Act and the rules made under that Act that apply to ordinary actions apply to actions instituted under subsection (1) except as varied by special rules made in respect of such actions.

  • Marginal note:Delivery after final order

    (3) The Minister of Public Works and Government Services shall give effect to the decision of the Court on being informed of it.

  • Marginal note:Limit on amount paid

    (4) If the currency or monetary instruments were sold or otherwise disposed of under the Seized Property Management Act, the total amount that can be paid under subsection (3) shall not exceed the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the currency or monetary instruments.

  • 2000, c. 17, s. 30;
  • 2001, c. 41, s. 139;
  • 2002, c. 8, s. 161;
  • 2006, c. 12, s. 16;
  • 2017, c. 20, s. 427.
Marginal note:Service of notices

 The service of the President’s notice under section 26 or the notice of the Minister’s decision under section 27 is sufficient if it is sent by registered mail addressed to the person on whom it is to be served at their latest known address.

  • 2000, c. 17, s. 31;
  • 2005, c. 38, s. 127.
 
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