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

Act current to 2013-05-26 and last amended on 2011-02-14. Previous Versions

Publication

Marginal note:Publication

73.22 When proceedings in respect of a violation are ended, the Centre may make public the nature of the violation, the name of the person or entity that committed it, and the amount of the penalty imposed.

  • 2006, c. 12, s. 40.

Rules about Violations

Marginal note:Violations not offences

  • 73.23 (1) For greater certainty, a violation is not an offence.

  • Marginal note:Non-application of section 126 of the Criminal Code

    (2) Section 126 of the Criminal Code does not apply in respect of any obligation or prohibition under this Act whose contravention is a violation under this Act.

  • 2006, c. 12, s. 40.
Marginal note:Due diligence available

  • 73.24 (1) Due diligence is a defence in a proceeding in relation to a violation.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2006, c. 12, s. 40.

Collection of Penalties

Marginal note:Debts to Her Majesty

  • 73.25 (1) A penalty and any interest due in respect of the penalty constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court.

  • Marginal note:Time limit

    (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the period of five years that begins on the day on which the debt became payable.

  • Marginal note:Proceeds payable to Receiver General

    (3) A penalty paid or recovered under this Part is payable to and shall be remitted to the Receiver General.

  • 2006, c. 12, s. 40.
Marginal note:Certificate

  • 73.26 (1) The unpaid amount of any debt referred to in subsection 73.25(1) may be certified by the Director.

  • Marginal note:Registration in Federal Court

    (2) Registration in the Federal Court of a certificate made under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

  • 2006, c. 12, s. 40.
Marginal note:Collecting penalties

  • 73.27 (1) The Centre may, for the purpose of collecting penalties proposed in a notice of violation issued under subsection 73.13(2) or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of Her Majesty in right of Canada.

  • Marginal note:Disclosure of information

    (2) The Centre may disclose to the other party of the contract, memorandum or agreement any information required to collect the penalties.

  • Marginal note:Use of information

    (3) The other party shall not use the information referred to in subsection (2) for any purpose other than collecting the penalties.

  • 2006, c. 12, s. 40.