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

Act current to 2016-05-12 and last amended on 2015-06-23. Previous Versions

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 requests a decision of the Minister under section 27 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.
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.

Third Party Claims

Marginal note:Interest as owner
  •  (1) If currency or monetary instruments have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the currency or monetary instruments were when seized, who claims in respect of the currency or monetary instruments an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33.

  • Marginal note:Date of hearing

    (2) A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing.

  • Marginal note:Notice to President

    (3) The applicant shall serve notice of the application and of the hearing on the President, or an officer delegated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.

  • Marginal note:Service of notice

    (4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President.

  • Definition of court

    (5) In this section and sections 33 and 34, court means

    • (a) in the Province of Ontario, the Superior Court of Justice;

    • (b) in the Province of Quebec, the Superior Court;

    • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

    • (e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and

    • (f) in Nunavut, the Nunavut Court of Justice.

  • 2000, c. 17, s. 32;
  • 2001, c. 41, s. 63;
  • 2005, c. 38, s. 127;
  • 2006, c. 12, s. 17;
  • 2015, c. 3, s. 148.
Marginal note:Order

 If, on the hearing of an application made under subsection 32(1), the court is satisfied

  • (a) that the applicant acquired the interest or right in good faith before the contravention in respect of which the seizure was made,

  • (b) that the applicant is innocent of any complicity in the contravention of subsection 12(1) that resulted in the seizure and of any collusion in relation to that contravention, and

  • (c) that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with subsection 12(1),

the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention.

  • 2000, c. 17, s. 33;
  • 2006, c. 12, s. 18.
Marginal note:Appeal
  •  (1) A person or entity that makes an application under section 32 or Her Majesty in right of Canada may appeal to the court of appeal from an order made under section 33 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court.

  • Definition of court of appeal

    (2) In this section, court of appeal means, in the province in which an order referred to in subsection (1) is made, the court of appeal for that province as defined in section 2 of the Criminal Code.

  • 2000, c. 17, s. 34;
  • 2006, c. 12, s. 19(E).
Marginal note:Delivery after final order
  •  (1) The Minister of Public Works and Government Services shall, after the forfeiture of currency or monetary instruments has become final and on being informed by the President that a person or entity has obtained a final order under section 33 or 34 in respect of the currency or monetary instruments, give to the person or entity

    • (a) the currency or monetary instruments; or

    • (b) an amount calculated on the basis of the interest of the applicant in the currency or monetary instruments at the time of the contravention in respect of which they were seized, as declared in the order.

  • Marginal note:Limit on amount paid

    (2) The total amount paid under paragraph (1)(b) 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. 35;
  • 2005, c. 38, s. 127;
  • 2006, c. 12, s. 20.
 
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