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

Act current to 2014-06-12 and last amended on 2013-12-12. 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).

  • 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.