Anti-terrorism Act (S.C. 2001, c. 41)
Full Document:
Assented to 2001-12-18
73. (1) Paragraphs 73(1)(e.1) to (g) of the Act are replaced by the following:
(e.1) specifying the information to be contained in a report under section 7 or 7.1 or subsection 9(1);
(f) specifying measures that persons or entities are to take to identify any person or entity in respect of which a record is required to be kept or a report made;
(g) defining “casinos”, “courier” and “monetary instruments”;
(2) Subsections 73(2) and (3) of the Act are repealed.
74. Section 75 of the Act is replaced by the following:
Marginal note:Reporting — sections 7 and 7.1
75. (1) Every person or entity that knowingly contravenes section 7 or 7.1 is guilty of an offence and liable
(a) on summary conviction,
(i) for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and
(ii) for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; or
(b) on conviction on indictment, to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both.
Marginal note:Defence for employees
(2) No employee of a person or an entity shall be convicted of an offence under subsection (1) in respect of a transaction or proposed transaction that they reported to their superior or in respect of property whose existence they reported to their superior.
75. Section 80 of the Act is replaced by the following:
Marginal note:Exemption
80. A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under any of sections 74 to 77 if the peace officer or person does any of the things mentioned in those sections for the purpose of investigating a money laundering offence or a terrorist activity financing offence.
R.S., c. A-1Consequential Amendments
Access to Information Act
76. Schedule II to the Access to Information Act is amended by replacing “Proceeds of Crime (Money Laundering) Act” with “Proceeds of Crime (Money Laundering) and Terrorist Financing Act”.
R.S., c. C-10Canada Post Corporation Act
Marginal note:R.S., c. 1 (2nd Supp.), s. 170(2)
77. Subsection 40(3) of the Canada Post Corporation Act, as enacted by section 86 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:
Marginal note:Liability to seizure
(3) Notwithstanding any other Act or law, but subject to this Act and the regulations and to the Canadian Security Intelligence Service Act, the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, nothing in the course of post is liable to demand, seizure, detention or retention.
Marginal note:R.S., c. 1 (2nd Supp), s. 171
78. Subsections 42(2) and (2.1) of the Act, as enacted by section 87 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, are replaced by the following:
Marginal note:Mail in the course of post
(2) All mail that is submitted to a customs officer under this section remains, for the purposes of this Act, in the course of post unless it is seized under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Marginal note:Notice of seizure or detention
(2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, notice of the seizure, detention or retention shall be given in writing to the Corporation within sixty days after the seizure, detention or retention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.
Marginal note:R.S., c. 1 (2nd Supp.), s. 172(1)
79. Section 48 of the Act, as enacted by section 88 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:
Marginal note:Opening mail
48. Every person commits an offence who, except where expressly authorized by or under this Act, the Customs Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.
R.S., c. C-46Criminal Code
Marginal note:2000, c. 17, s. 89
80. Subsection 488.1(11) of the Criminal Code is replaced by the following:
Marginal note:Exception
(11) This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
2000, c. 5Personal Information Protection and Electronic Documents Act
81. Subsection 7(3) of the Personal Information Protection and Electronic Documents Act is amended by adding the following after paragraph (c.1):
(c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as required by that section;
82. Subsection 9(2.3) of the Act is amended by striking out the word “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) the detection, prevention or deterrence of money laundering or the financing of terrorist activities; or
1993, c. 37Seized Property Management Act
83. Subparagraph 3(b)(iv) of the Seized Property Management Act, as enacted by section 92 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:
(iv) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
84. Paragraph 4(1)(b.1) of the Act, as enacted by section 93 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:
(b.1) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; or
Marginal note:1995, c. 22, s. 18 (Sch. IV, item 11)
85. Paragraph 9(e) of the Act, as enacted by section 94 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:
(e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine, imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11;
86. Subsection 10(2) of the Act, as enacted by section 95 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:
Marginal note:Proceeds of Crime (Money Laundering) and Terrorist Financing Act
(2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the payment of a penalty under subsection 18(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be.
PART 5AMENDMENTS TO OTHER ACTS
R.S., c. A-1Access to Information Act
87. The Access to Information Act is amended by adding the following after section 69:
Marginal note:Certificate under Canada Evidence Act
69.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.
Marginal note:Certificate following filing of complaint
(2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Act in relation to a request for access to that information,
(a) all proceedings under this Act in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;
(b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
(c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.
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