REPORT MADE UNDER SECTION 83.1 OF THE CRIMINAL CODE OR UNDER SECTION 8 OF THE REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON THE SUPPRESSION OF TERRORISM

[SOR/2007-122, s. 7]

 Subject to section 11, a report made under section 7.1 of the Act shall be sent without delay to the Centre and shall contain the information set out in Schedule 2.

  • SOR/2002-185, s. 4.

EXEMPTION

  •  (1) Where a transaction is required to be reported under section 7 or 7.1 of the Act, the requirement to report information set out in Schedule 1 or 2 does not apply to a person or entity in respect of information set out in an item of that Schedule that is not marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.

  • (2) Despite subsection (1), in the case of an attempted transaction, the requirement to report information set out in Schedule 1 does not apply to a person or entity in respect of information set out in an item of that Schedule that is marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.

  • SOR/2002-185, s. 4;
  • SOR/2007-122, s. 8.

SENDING

  •  (1) The report referred to in section 9 shall be sent electronically in accordance with guidelines for report submissions that are prepared by the Centre if the sender has the technical capabilities to do so.

  • (2) The report referred to in section 9 shall be sent in paper format in accordance with guidelines for report submissions that are prepared by the Centre if the sender does not have the technical capabilities to send the report electronically.

  • (3) The report referred to in section 10 shall be sent in paper format in accordance with guidelines for report submissions that are prepared by the Centre.

  • SOR/2002-185, s. 4.

SUSPICIOUS TRANSACTION OR ATTEMPTED TRANSACTION REPORT

 Every person or entity who submits to the Centre a Suspicious Transaction or Attempted Transaction Report set out in Schedule 1 shall keep a copy of the report.

  • SOR/2007-122, s. 9.

 The copy referred to in section 12.1 may be kept in a machine-readable form or in an electronic form, if a paper copy can be readily produced from it.

  • SOR/2007-293, s. 4.
  •  (1) Subject to subsection (2), every person or entity that is required by section 12.1 to keep a copy of the report referred to in that section shall retain that copy for a period of at least five years following the day on which the report was made.

  • (2) Where the copy that is required by section 12.1 to be kept by a person is the property of their employer or a person or entity with which they are in a contractual relationship, they are not required to retain the copy after their employment or that contractual relationship ends.

  • SOR/2007-293, s. 4.

PRESCRIBED INFORMATION

 The prescribed information for the purposes of paragraphs 55(7)(f), 55.1(3)(f) and 56.1(5)(f) of the Act is

  • (a) the following information concerning the client, importer or exporter, or any person acting on their behalf, namely,

    • (i) their alias, if any,

    • (ii) their date of birth,

    • (iii) their address and electronic mail address,

    • (iii.1) their telephone number,

    • (iv) their citizenship,

    • (v) their Record of Landing number, passport number or permanent resident card number, or all three numbers if applicable,

    • (vi) if the client, importer or exporter is a corporation, the date and jurisdiction of its incorporation and its incorporation number,

    • (vii) the name and address of any person or entity on whose behalf the financial transaction or attempted financial transaction is conducted or on whose behalf the importation or exportation is carried out,

    • (viii) the telephone number of the place of business where the financial transaction or attempted financial transaction occurred; and

    • (ix) if the client, importer or exporter is an entity, the entity’s type of business;

  • (b) in the case of a financial transaction or an attempted financial transaction, the following information, namely,

    • (i) the transit and account numbers,

    • (ii) the full name of every account holder,

    • (iii) the transaction number, if any,

    • (iv) the time of the transaction,

    • (v) the type of transaction,

    • (vi) the names of the parties to the transaction,

    • (vii) the type of account,

    • (viii) the name and address of all persons authorized to act in respect of the account, if any, and

    • (ix) the type of report, as listed in paragraph 54(a) of the Act, from which the information disclosed is compiled; and

  • (c) in the case of an importation or exportation of currency or monetary instruments, the country from which they are being imported or the country to which they are being exported.

  • SOR/2002-185, s. 4;
  • SOR/2003-358, s. 3;
  • SOR/2007-122, s. 10;
  • SOR/2008-195, s. 1.