Anti-terrorism Act (S.C. 2001, c. 41)
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Assented to 2001-12-18
PART 3R.S., c. C-5CANADA EVIDENCE ACT
44. The Act is amended by adding, after section 54, the schedule set out in Schedule 2 to this Act.
Consequential Amendments
R.S., c. H-6Canadian Human Rights Act
Marginal note:1998, c. 9, s. 30
45. Section 58 of the Canadian Human Rights Act is replaced by the following:
Marginal note:Application respecting disclosure of information
58. (1) Subject to subsection (2), if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate.
Marginal note:Canada Evidence Act
(2) An objection to disclosure shall be determined in accordance with the Canada Evidence Act if
(a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act;
(b) within 90 days after the day on which the Commission applies to the Federal Court, a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; or
(c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 of that Act.
R.S., c. I-2Immigration Act
Marginal note:R.S., c. 29 (4th Supp.), s. 12(1)
46. Subsection 103.1(8) of the Immigration Act is replaced by the following:
Marginal note:Application to have order quashed
(8) Any person excluded by an order under subsection (7) from all or any part of the review under subsection (2) or (3) may apply to the Chief Justice of the Federal Court or to a judge of that Court designated by the Chief Justice for the purposes of this subsection to have the order quashed, and sections 37 to 38.16 of the Canada Evidence Act apply, with any modifications that the circumstances require, to such applications.
PART 42000, c. 17PROCEEDS OF CRIME (MONEY LAUNDERING) ACT
47. The long title of the Proceeds of Crime (Money Laundering) Act is replaced by the following:
48. Section 1 of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
49. (1) The definitions “client” and “courier” in section 2 of the Act are replaced by the following:
“client”
« client »
“client” means a person or an entity that engages in a financial transaction or activity with a person or an entity referred to in section 5, and includes a person or an entity on whose behalf the person or the entity that engages in the transaction or activity is acting.
“courier”
« messager »
“courier” means a courier as defined by regulation.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“entity”
« entité »
“entity” means a body corporate, a trust, a partnership, a fund or an unincorporated association or organization.
“person”
« personne »
“person” means an individual.
“terrorist activity”
« activité terroriste »
“terrorist activity” has the same meaning as in subsection 83.01(1) of the Criminal Code.
“terrorist activity financing offence”
« infraction de financement des activités terroristes »
“terrorist activity financing offence” means an offence under section 83.02, 83.03 or 83.04 of the Criminal Code or an offence under section 83.12 of the Criminal Code arising out of a contravention of section 83.08 of that Act.
“threats to the security of Canada”
« menaces envers la sécurité du Canada »
“threats to the security of Canada” has the same meaning as in section 2 of the Canadian Security Intelligence Service Act.
50. (1) The portion of paragraph 3(a) of the Act before subparagraph (ii) is replaced by the following:
(a) to implement specific measures to detect and deter money laundering and the financing of terrorist activities and to facilitate the investigation and prosecution of money laundering offences and terrorist activity financing offences, including
(i) establishing record keeping and client identification requirements for financial services providers and other persons or entities that engage in businesses, professions or activities that are susceptible to being used for money laundering or the financing of terrorist activities,
(2) Paragraph 3(c) of the Act is replaced by the following:
(c) to assist in fulfilling Canada’s international commitments to participate in the fight against transnational crime, particularly money laundering, and the fight against terrorist activity.
51. (1) Paragraphs 5(g) to (j) of the Act are replaced by the following:
(g) persons and entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services;
(h) persons and entities engaged in the business of foreign exchange dealing;
(i) persons and entities engaged in a business, profession or activity described in regulations made under paragraph 73(1)(a);
(j) persons and entities engaged in a business or profession described in regulations made under paragraph 73(1)(b), while carrying out the activities described in the regulations;
(2) Paragraph 5(m) of the Act is replaced by the following:
(m) for the purposes of section 7, employees of a person or entity referred to in any of paragraphs (a) to (l).
52. Section 7 of the Act is replaced by the following:
Marginal note:Transactions if reasonable grounds to suspect
7. In addition to the requirements of subsection 9(1), every person or entity shall report to the Centre, in the prescribed form and manner, every financial transaction that occurs in the course of their activities and in respect of which there are reasonable grounds to suspect that the transaction is related to the commission of a money laundering offence or a terrorist activity financing offence.
Marginal note:Disclosure
7.1 (1) In addition to the requirements of section 7 and subsection 9(1), every person or entity that is required to make a disclosure under section 83.1 of the Criminal Code shall also make a report on it to the Centre, in the prescribed form and manner.
Marginal note:Limitation
(2) Subsection (1) does not apply to prescribed persons or entities, or prescribed classes of persons or entities, in respect of prescribed transactions or property, or classes of transactions or property, if the prescribed conditions are met.
53. Section 10 of the Act is replaced by the following:
Marginal note:Reports under other Acts
9.1 Subject to section 9, every person or entity that is required to make a report to the Centre under an Act of Parliament or any regulations under it shall make it in the form and manner prescribed under this Act for a report under that Act.
Marginal note:Immunity
10. 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.
54. (1) Subsection 12(1) of the Act is replaced by the following:
Marginal note:Currency and monetary instruments
12. (1) Every person or entity referred to in subsection (3) shall report to an officer, in accordance with the regulations, the importation or exportation of currency or monetary instruments of a value equal to or greater than the prescribed amount.
(2) Paragraph 12(3)(a) of the Act is replaced by the following:
(a) in the case of currency or monetary instruments in the actual possession of a person arriving in or departing from Canada, or that form part of their baggage if they and their baggage are being carried on board the same conveyance, by that person or, in prescribed circumstances, by the person in charge of the conveyance;
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