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

Assented to 2014-06-19

Marginal note:2001, c. 41, s. 68; 2006, c. 12, s. 28(1)(E)
  •  (1) Subsection 56.1(3) of the Act is replaced by the following:

    • Marginal note:Other disclosure

      (3) In order to perform its functions under paragraph 54(1)(c), the Centre may direct queries to an institution or agency in respect of which an agreement or arrangement referred to in paragraph (1)(b) or (2)(b) has been entered into, and in doing so it may disclose designated information.

  • (2) Section 56.1 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Publication

      (4.1) 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 offence, 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 (1) or (2) 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. 28(2)

    (3) Paragraph 56.1(5)(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 person’s occupation or business and gender and the entity’s business;

  • Marginal note:2006, c. 12, s. 28(3)

    (4) Paragraph 56.1(5)(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;

  • (5) Subsection 56.1(5) 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; and

    • (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.

 Subsection 58(2) of the Act is replaced by the following:

  • Marginal note:Limitation

    (2) The Centre shall not disclose under subsection (1) any information that would directly or indirectly identify an individual who provided a report or information to the Centre, or a person or an entity about whom a report or information was provided.

Marginal note:2010, c. 12, s. 1876

 Section 58.1 of the Act is replaced by the following:

Marginal note:Centre may disclose information to Minister
  • 58.1 (1) The Centre may, at the request of the Minister, disclose information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), to authorities specified by the Minister for the purpose of assisting the Minister in carrying out the Minister’s powers and duties under Part 1.1.

  • Marginal note:Limitation

    (2) The Centre shall not disclose under subsection (1) any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.

Marginal note:2010, c. 12, par. 1882(d)
  •  (1) Subsection 65(1) of the Act is replaced by the following:

    Marginal note:Disclosure to law enforcement agencies
    • 65. (1) The Centre may disclose to the appropriate law enforcement agencies any information of which it becomes aware under subsection (4) or section 62, 63 or 63.1 and that it suspects on reasonable grounds would be relevant to investigating or prosecuting an offence under this Act arising out of a contravention of Part 1 or 1.1.

  • (2) Section 65 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Compliance of persons or entities

      (4) For the purpose of ensuring compliance with Parts 1 and 1.1, the Centre shall receive information voluntarily provided to it by a person or entity  —  other than an agency or body referred to in subsection (2)  —  relating to the compliance with Part 1 or 1.1 of persons or entities referred to in section 5.

 The Act is amended by adding the following after section 65:

Marginal note:Disclosure to Canada Revenue Agency
  • 65.01 (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to the initial implementation of policies respecting the reporting of international electronic funds transfers to the Canada Revenue Agency.

  • Marginal note:Limitation

    (2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to the initial implementation of the policies referred to in that subsection or to ensuring compliance with any provision of the Income Tax Act that requires the reporting of international electronic funds transfers to the Canada Revenue Agency.

  • Marginal note:Limitation

    (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.

 The Act is amended by adding the following after section 65.01:

Marginal note:Disclosure to Canada Revenue Agency
  • 65.02 (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to ensuring compliance with Part XV.1 of the Income Tax Act.

  • Marginal note:Limitation

    (2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to ensuring compliance with Part XV.1 of the Income Tax Act.

  • Marginal note:Limitation

    (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.

 Subsections 66(1) and (2) of the Act are replaced by the following:

Marginal note:Power to enter into
  • 66. (1) The Centre may, for the purpose of exercising its powers or performing its duties and functions under this Part, enter into contracts, memoranda of understanding and other agreements with a department or an agency of the Government of Canada, with the government of a province, with the government of a foreign state and with any other person or organization, whether inside or outside Canada, in its own name or in the name of Her Majesty in right of Canada.

  • Marginal note:Agreements re databases

    (2) Agreements relating to the Centre’s collection of information from databases referred to in paragraph 54(1)(b) must specify the nature of and limits with respect to the information that the Centre may collect from those databases.

 The Act is amended by adding the following after section 68:

Marginal note:Filing of documents

68.1 The Centre may, for the purpose of any action, suit or other legal proceedings brought or taken under this Act, file with the court any documents containing information referred to in subsection 55(1).

 Subsection 71(2) of the Act is replaced by the following:

  • Marginal note:Contents

    (2) The report referred to in subsection (1) shall include

    • (a) a description of the management guidelines and policies of the Centre for the protection of human rights and freedoms; and

    • (b) information on the performance by the Centre of its duties and functions, including any statistics by which that performance is measured.

 The Act is amended by adding the following after section 72:

Service of Notices

Marginal note:Authorized person

72.1 The service of a notice by or on behalf of the Centre on a person or entity referred to in paragraph 5(h.1) is sufficient if it is served on the person who is indicated in the application for registration, or in accordance with subsection 11.13(1), as being authorized to accept, on behalf of the person or entity referred to in that paragraph, notices that are served or caused to be served by the Centre under this Act.

  •  (1) Paragraph 73(1)(a) of the Act is replaced by the following:

    • (a) describing services for the purpose of subparagraph 5(h)(v) or (h.1)(v) and activities for the purpose of businesses, professions and activities for the purpose of paragraph 5(i);

  • Marginal note:2001, c. 41, s. 73(1)

    (2) Paragraph 73(1)(g) of the Act is replaced by the following:

    • (g) defining “courier” and “monetary instruments”;

  • (3) Subsection 73(1) of the Act is amended by adding the following after paragraph (g):

    • (g.1) for the purposes of subparagraphs 5(h)(iv) and (h.1)(iv), defining “deal in”, in relation to virtual currencies, and “virtual currencies”;

  • Marginal note:2006, c. 12, s. 39(2)

    (4) Paragraphs 73(1)(j) to (l) of the Act are replaced by the following:

    • (j) prescribing, for the purposes of subsection 9.3(1), the manner for determining whether a person is a person described in any of paragraphs 9.3(1)(a) to (c) and the circumstances in which it is necessary to make that determination;

    • (k) prescribing, for the purposes of subsections 9.3(2) and (2.1), the circumstances in which it is necessary to obtain the approval of senior management and the measures to be taken;

    • (l) prescribing offices and positions for the purposes of paragraph (j) of the definition “politically exposed domestic person” in subsection 9.3(3) or paragraph (j) of the definition “politically exposed foreign person” in that subsection;

    • (l.1) prescribing family members for the purposes of subsection 9.3(1);

    • (l.2) defining “foreign state” for the purposes of the definition “politically exposed foreign person” in subsection 9.3(3);

  • Marginal note:2006, c. 12, s. 39(2)

    (5) Paragraph 73(1)(o) of the Act is replaced by the following:

    • (o) prescribing the services referred to in the definition “correspondent banking relationship” in subsections 9.31(2) and 9.4(3);

  • Marginal note:2010, c. 12, s. 1877

    (6) Paragraphs 73(1)(y.1) and (y.2) of the Act are repealed.

 
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