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

Act current to 2017-11-06 and last amended on 2017-10-06. Previous Versions

Marginal note:Political activities

 Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act.

  • 2000, c. 17, s. 50;
  • 2003, c. 22, s. 242.

Authority to Provide Services

Marginal note:Authority to provide services

 When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

  • 2000, c. 17, s. 51;
  • 2003, c. 22, s. 191.

Disclosure of Information

Marginal note:Director to report to Minister
  •  (1) The Director shall report to the Minister from time to time on the exercise of the Director’s powers and the performance of his or her duties and functions under this Act.

  • Marginal note:Director to report to Minister

    (1.1) On or before September 30 of each year, the Director shall submit to the Minister a report on the Centre’s activities for the preceding year that includes the following information about that year’s activities as well as information on any matters that the Minister or an officer of the Department of Finance specifies:

    • (a) a description of the activities carried out by the Centre to ensure compliance with Parts 1 and 1.1, including a description of those activities by class of persons or entities referred to in section 5, and of its conclusions as to the compliance of those persons or entities with Parts 1 and 1.1;

    • (b) any measures undertaken under paragraph 58(1)(c); and

    • (c) a description, with the relevant statistics included, of the results achieved by and the effectiveness of the Centre in the exercise of its powers and the performance of its duties and functions.

  • Marginal note:Obligation to inform

    (2) The Director shall keep the Minister and any officer of the Department of Finance whom the Director considers appropriate informed of any matter that could materially affect public policy or the strategic direction of the Centre, and any other matter that the Minister considers necessary.

  • Marginal note:Director to disclose other information

    (3) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.

  • Marginal note:Disclosure of information to advisor

    (4) The Director shall disclose to a person engaged under subsection 42(4), in the form and manner that the person directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).

  • 2000, c. 17, s. 52;
  • 2010, c. 12, s. 1871;
  • 2014, c. 20, s. 277.
Marginal note:Limitation
  •  (1) The Director shall not disclose under section 52

    • (a) any information collected by the Centre under subparagraph 54(1)(b)(ii);

    • (b) any information referred to in paragraphs 55(1)(a) to (b.1), (c) or (d);

    • (c) any information referred to in paragraph 55(1)(e) that the Centre prepared for possible disclosure under subsection 55(3), section 55.1 or subsection 56.1(1) or (2); or

    • (d) any information that would directly or indirectly identify a client or employee of a person or entity referred to in section 5.

  • Marginal note:Clarification

    (2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under section 52, the Director shall provide the document with that information excluded.

  • 2000, c. 17, s. 53;
  • 2014, c. 20, s. 278.
Marginal note:Director or officer to disclose information for the purpose of Part 1.1
  •  (1) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under Part 1.1.

  • Marginal note:Director may disclose information

    (2) If the Director is of the opinion that information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), would assist the Minister in carrying out the Minister’s powers and duties under Part 1.1, the Director may disclose that information or analysis to the Minister or any officer of the Department of Finance whom the Director considers appropriate.

  • 2010, c. 12, s. 1872;
  • 2014, c. 20, s. 278.
Marginal note:Limitation
  •  (1) The Director shall not disclose under section 53.1 any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.

  • Marginal note:Clarification

    (2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required or permitted to be disclosed under section 53.1, the Director shall provide the document with that information excluded.

  • 2010, c. 12, s. 1872;
  • 2014, c. 20, s. 278.
Marginal note:Director to seek consent
  •  (1) The Director shall seek consent for disclosure of information that was provided to the Centre in confidence by the institutions, agencies or organizations mentioned in paragraph (a), (b) or (c), as the case may be, if that information is contained in the information or analysis requested by the Minister or an officer of the Department of Finance under subsection 53.1(1):

    • (a) federal or provincial law enforcement agencies;

    • (b) federal government institutions or federal government agencies; or

    • (c) a government of a foreign state, an international organization or an institution or agency of a foreign state that has powers and duties similar to those of the Centre, with which the Minister or the Centre has entered into a written agreement or arrangement under subsection 56(1) or (2), if the agreement or arrangement so provides.

  • Marginal note:No disclosure without consent

    (2) The Director shall not disclose the information that was provided to the Centre in confidence before having obtained the consent referred to in subsection (1).

  • 2010, c. 12, s. 1872;
  • 2014, c. 20, s. 279;
  • 2017, c. 20, s. 428.
Marginal note:National Security and Intelligence Committee of Parliamentarians Act

 The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Committee of Parliamentarians Act.

  • 2017, c. 15, s. 47.

Reports and Information

Marginal note:Reports and information
  •  (1) The Centre

    • (a) shall receive reports made under section 7, 7.1, 9, 12 or 20, or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

    • (b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that

      • (i) is publicly available, including in a commercially available database, or

      • (ii) is stored in a database maintained, for purposes related to law enforcement or national security, by the federal government, by a provincial government, by the government of a foreign state or by an international organization, if an agreement was entered into under subsection 66(1) to collect such information;

    • (c) shall analyse and assess the reports and information;

    • (d) subject to section 6 of the Privacy Act, shall retain each report referred to in paragraph (a) and all information referred to in paragraph (a) or (b) for 10 years beginning on the day on which the report is received or the information is received or collected; and

    • (e) despite the Library and Archives of Canada Act, shall destroy, 15 years after the day on which a report referred to in paragraph (a) is received, any identifying information contained in the report if the report was not disclosed under subsection 55(3), 55.1(1) or 56.1(1) or (2).

  • Marginal note:Destruction of certain information

    (2) The Centre shall destroy any information contained in a document, whether in written form or in any other form, that it receives that purports to be a report made under section 7, 7.1, 9 or 12, made in accordance with a directive issued under Part 1.1, sent under subsection 14(5) or referred to in section 9.1, and that it determines, in the normal course of its activities, relates to a financial transaction or circumstance that is not required to be reported to the Centre under this Act, and shall destroy any information voluntarily provided to the Centre by the public that it determines, in the normal course of its activities, is not about suspicions of money laundering or the financing of terrorist activities. The Centre shall destroy the information within a reasonable time after the determination is made.

  • 2000, c. 17, s. 54;
  • 2001, c. 12, s. 1, c. 41, s. 66;
  • 2004, c. 11, s. 42, c. 15, s. 100;
  • 2006, c. 12, s. 24;
  • 2010, c. 12, s. 1873;
  • 2014, c. 20, s. 280.
 
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