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

Act current to 2014-09-15 and last amended on 2014-06-19. Previous Versions

Marginal note:Immunity

 No criminal or civil proceedings lie against a person or an entity for making a report in good faith under section 7, 7.1 or 9, or for providing the Centre with information about suspicions of money laundering or of the financing of terrorist activities.

  • 2000, c. 17, s. 10;
  • 2001, c. 41, s. 53.
Marginal note:Non-application to legal counsel

 Sections 7 and 9 do not apply to persons or entities referred to in paragraph 5(i) or (j) who are, as the case may be, legal counsel or legal firms, when they are providing legal services.

  • 2006, c. 12, s. 9;
  • 2010, c. 12, s. 1867(F).
Marginal note:Solicitor-client privilege or professional secrecy

 Nothing in this Act requires a legal counsel to disclose any communication that is subject to solicitor-client privilege or, in Quebec, the professional secrecy of legal counsel.

  • 2000, c. 17, s. 11;
  • 2010, c. 12, s. 1868(E);
  • 2013, c. 40, ss. 279, 281(E).

Registration

Application and Revocation

Marginal note:Registration requirement

 Except as otherwise provided in the regulations, every person or entity referred to in paragraph 5(h), those referred to in paragraph 5(l) that sell money orders to the public, and every other person or entity that is referred to in section 5 and that is prescribed must be registered with the Centre in accordance with this section and sections 11.11 to 11.2.

  • 2006, c. 12, s. 10.
Marginal note:Ineligible for registration
  •  (1) The following persons or entities are not eligible for registration with the Centre:

    • (a) a listed person as defined in section 1 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism;

    • (b) a listed entity as defined in subsection 83.01(1) of the Criminal Code;

    • (c) a person or entity that has been convicted of any of the following:

      • (i) a money laundering offence, or an offence under the laws of a foreign country that is substantially similar to a money laundering offence,

      • (ii) a terrorist activity financing offence, or an offence under the laws of a foreign country that is substantially similar to a terrorist activity financing offence,

      • (iii) an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 when convicted on indictment, or an offence under the laws of a foreign country that is substantially similar to an offence under either Act,

      • (iv) an offence under any of sections 83.18 to 83.231, 354 or 467.11 to 467.13 of the Criminal Code, or an offence under the laws of a foreign country that is substantially similar to such an offence, or

      • (v) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraphs (i) to (iv);

    • (d) a person or entity that has been convicted on indictment or convicted more than once for an offence under any of the following, or that has been convicted of an offence under the laws of a foreign country that is substantially similar to an offence under any of the following:

      • (i) Part X of the Criminal Code,

      • (ii) the Controlled Drugs and Substances Act, except for the offence under subsection 4(1) of that Act,

      • (iii) section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as that section read immediately before May 14, 1997, or

      • (iv) section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, as that section read immediately before May 14, 1997;

    • (e) an entity that is a corporation in respect of which a director, the chief executive officer, the president or a person who owns or controls, directly or indirectly, 20% or more of the shares has been convicted on indictment of an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 or has been convicted of an offence under the laws of a foreign country that is substantially similar to an offence under either Act;

    • (f) any prescribed person or entity.

  • Marginal note:Revocation of registration

    (2) If the Centre becomes aware that a person or entity referred to in subsection (1) is registered, the Centre shall revoke the registration and shall, without delay, inform the person or entity of the revocation.

  • 2006, c. 12, s. 11;
  • 2014, c. 20, s. 262.