Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Marginal note:2010, c. 12, s. 1872

279. The portion of subsection 53.3(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:2004, c. 15, s. 100; 2010, c. 12, s. 1873

• 280. (1) The portion of section 54 of the Act before paragraph (c) is replaced by the following:

  Marginal note:Reports and information

  54. (1) The Centre

  • (a) shall receive reports made under section 7, 7.1, 9, 12 or 20, or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

  • (b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that

    • (i) is publicly available, including in a commercially available database, or

    • (ii) is stored in a database maintained, for purposes related to law enforcement or national security, by the federal government, by a provincial government, by the government of a foreign state or by an international organization, if an agreement was entered into under subsection 66(1) to collect such information;

• (2) Section 54 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Destruction of certain information

    (2) The Centre shall destroy any information contained in a document, whether in written form or in any other form, that it receives that purports to be a report made under section 7, 7.1, 9 or 12, made in accordance with a directive issued under Part 1.1, sent under subsection 14(5) or referred to in section 9.1, and that it determines, in the normal course of its activities, relates to a financial transaction or circumstance that is not required to be reported to the Centre under this Act, and shall destroy any information voluntarily provided to the Centre by the public that it determines, in the normal course of its activities, is not about suspicions of money laundering or the financing of terrorist activities. The Centre shall destroy the information within a reasonable time after the determination is made.

Marginal note:2006, c. 12, s. 25

281. Subsection 54.1(5) of the Act is replaced by the following:

Marginal note:2006, c. 12, s. 26(1)

• 282. (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Disclosure by Centre prohibited

  • 55. (1) Subject to subsections (3) and (6.1), sections 52, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:

• Marginal note:2001, c. 41, s. 67(5)

  (2) The portion of subsection 55(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Disclosure of designated information

    (3) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, the Centre shall disclose the information to

• Marginal note:2010, c. 12, s. 1874

  (3) Paragraph 55(3)(b) of the Act is replaced by the following:

  • (b) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;

• (4) Paragraph 55(3)(c) of the Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

  • (iii) whether a person or entity that the Centre has reasonable grounds to suspect may apply to be a registered charity, as defined in subsection 248(1) of the Income Tax Act,

    • (A) has made or will make available any resources, directly or indirectly, to a listed entity as defined in subsection 83.01(1) of the Criminal Code,

    • (B) has made available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that was at that time, and continues to be, engaged in terrorist activities as defined in that subsection or activities in support of them, or

    • (C) has made or will make available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that engages or will engage in terrorist activities as defined in that subsection or activities in support of them;

• Marginal note:2006, c. 12, s. 26(4)

  (5) Paragraphs 55(3)(d) and (e) of the Act are replaced by the following:

  • (d) the Canada Border Services Agency, if the Centre also determines that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act;

  • (e) the Canada Border Services Agency, if the Centre also determines that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation or exportation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament; and

• (6) Section 55 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Publication

    (6.1) After a person has been determined by a court to be guilty of a money laundering offence or a terrorist activity financing offence, or has been determined by a foreign court to be guilty of an offence that is substantially similar to either of those offences, whether on acceptance of a plea of guilty or on a finding of guilt, the Centre may, if it has disclosed designated information under subsection (3) with respect to the investigation or prosecution of the offence, make public the fact that it made such a disclosure.

• Marginal note:2006, c. 12, s. 26(5)

  (7) Paragraph 55(7)(a) of the Act is replaced by the following:

  • (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;

• Marginal note:2006, c. 12, s. 26(6)

  (8) Paragraph 55(7)(k) of the Act is replaced by the following:

  • (k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;

• (9) Subsection 55(7) of the Act is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (n):

  • (o) information about the importation or exportation that was reported to the Centre under section 20;

  • (p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; and

  • (q) information about the transaction, attempted transaction, importation or exportation, received by the Centre from an institution or agency under an agreement or arrangement referred to in section 56, that constitutes the institution’s or agency’s reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.

Marginal note:2001, c. 41, s. 68

• 283. (1) Subsection 55.1(1) of the Act is replaced by the following:

  Marginal note:Disclosure  — threats to security of Canada

  • 55.1 (1) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(c), has reasonable grounds to suspect that designated information would be relevant to threats to the security of Canada, the Centre shall disclose the information to

    • (a) the Canadian Security Intelligence Service;

    • (b) the appropriate police force, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence under Canadian law that the Centre has reasonable grounds to suspect arises out of conduct constituting such a threat;

    • (c) the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act; and

    • (d) the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation or exportation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament.

• Marginal note:2006, c. 12, s. 27(1)

  (2) Paragraph 55.1(3)(a) of the Act is replaced by the following:

  • (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;

• Marginal note:2006, c. 12, s. 27(2)

  (3) Paragraph 55.1(3)(k) of the Act is replaced by the following:

  • (k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;

• Marginal note:2006, c. 12, s. 27(2)

  (4) Subsection 55.1(3) of the Act is amended by striking out “and” at the end of paragraph (m) and by replacing paragraph (n) with the following:

  • (n) indicators of a money laundering offence, a terrorist activity financing offence or a threat to the security of Canada related to the transaction, attempted transaction, importation or exportation;

  • (o) information about the importation or exportation that was reported to the Centre under section 20;

  • (p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; and

  • (q) information about the transaction, attempted transaction, importation or exportation, received by the Centre from an institution or agency under an agreement or arrangement referred to in section 56, that constitutes the institution’s or agency’s reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.