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Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Assented to 2019-06-21

PART 4Various Measures (continued)

DIVISION 2Strengthening Anti-Money Laundering and Anti-Terrorist Financing Regime (continued)

SUBDIVISION AR.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act (continued)

Marginal note:2018, c. 27, s. 183

 Subsection 21.4(1) of the Act is replaced by the following:

Marginal note:Offence — contravention of subsection 21.1(1) or 21.31(1)

  • 21.4 (1) Every director or officer of a corporation who knowingly authorizes, permits or acquiesces in the contravention of subsection 21.1(1) or 21.31(1) by that corporation commits an offence, whether or not the corporation has been prosecuted or convicted.

 The Act is amended by adding, after section 268, the schedule set out in Schedule 1 to this Act.

Coming into Force

Marginal note:2018, c. 27 or royal assent

 This Subdivision comes into force on the later of the day on which section 183 of the Budget Implementation Act, 2018, No. 2 comes into force and the day on which this Act receives royal assent.

SUBDIVISION BR.‍S.‍, c. C-46Criminal Code

Marginal note:1997, c. 18, s. 28(1); 2005, c. 44, s. 2(F)

 The portion of subsection 462.31(1) of the Criminal Code before paragraph (a) is replaced by the following:

Marginal note:Laundering proceeds of crime

  • 462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

SUBDIVISION C2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 Subsection 2(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):

  • (e) virtual currency; and

  • (f) dealing in virtual currencies.

Marginal note:2017, c. 20, par. 439(4)(b)

 Subsection 9.3(2.1) of the Act is replaced by the following:

  • Marginal note:Measures — other persons

    (2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that there is a high risk of a money laundering offence or a terrorist activity financing offence being committed, the person or entity shall take the measures referred to in the regulations.

Marginal note:2006, c. 12, s. 8

 Paragraph 9.5(a) of the Act is replaced by the following:

  • (a) include with the transfer the name, address and account number or other reference number, if any, of the person or entity that requested it, and any prescribed information;

Marginal note:2014, c. 20, s. 282(1)

  •  (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, 53.1, 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:

  • (2) Subsection 55(3) of the Act is amended by adding the following after paragraph (b):

    • (b.01) the Agence du revenu du Québec, 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 imposed under an Act of Parliament or of the legislature of Quebec administered by the Minister of Revenue of Quebec;

  • (3) Subsection 55(3) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:

  • Marginal note:2014, c. 20, s. 282(9)

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

    • (o) information about the importation or exportation sent to the Centre under Part 2;

Marginal note:2014, c. 20, s. 283(4)

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

  • (o) information about the importation or exportation sent to the Centre under Part 2;

Marginal note:2014, c. 20, s. 284(5)

 Paragraph 56.1(5)(o) of the Act is replaced by the following:

  • (o) information about the importation or exportation sent to the Centre under Part 2;

 Section 73.21 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Exception

    (4.1) Subsection (4) does not apply to the following information:

    • (a) the name of the person or entity that was served with the notice of violation;

    • (b) the nature of the violation; and

    • (c) the amount of the penalty imposed.

Marginal note:2006, c. 12, s. 40

 Section 73.22 of the Act is replaced by the following:

Marginal note:Publication

73.22 In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation or the default, as the case may be, the name of the person or entity and the amount of the applicable penalty:

  • (a) a person or entity is deemed to have committed a violation under subsection 73.15(1) or (3);

  • (b) a person or entity is served with a notice of a decision made under subsection 73.15(2) indicating that they have committed a violation;

  • (c) a person or entity enters into a compliance agreement with the Centre;

  • (d) a person or entity is issued a notice of default in respect of a compliance agreement they have entered into with the Centre and they

    • (i) pay the amount they are liable to pay under subsection 73.18(1),

    • (ii) are served with a notice of a decision made under subsection 73.19(2) confirming the Centre’s decision that the compliance agreement has not been complied with, or

    • (iii) are deemed under subsection 73.19(3) to have not complied with the compliance agreement.

SUBDIVISION D1993, c. 37Seized Property Management Act

Amendments to the Act

 The long title of the French version of the Seized Property Management Act is replaced by the following:

Loi concernant l’administration de certains biens qui ont fait l’objet d’une saisie ou d’un blocage relativement à certaines infractions, la disposition de certains biens après confiscation et, dans certains cas, le partage du produit de leur disposition
  •  (1) The definition Her Majesty in section 2 of the Act is replaced by the following:

    Her Majesty

    Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

  • (2) The definition produit de l’aliénation in section 2 of the French version of the Act is replaced by the following:

    proceeds of disposition

    produit de la disposition Le produit de la vente des biens confisqués ainsi que toute somme d’argent confisquée. (proceeds of disposition)

 

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