Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)

AMENDMENTS NOT IN FORCE

• — 2023, c. 26, s. 182

  • 182 The Act is amended by adding the following after section 9.8:

    • Definition of agent or mandatary

      9.9 In sections 9.91 to 9.93, agent or mandatary means an agent or mandatary acting on behalf of a person or entity referred to in paragraph 5(h) to provide any of the services referred to in that paragraph.

    • Agent or mandatary

      9.91 A person or entity referred to in paragraph 5(h) shall

      • (a) not engage a person or entity who is referred to in any of paragraphs 11.11(1)(a) to (f) as an agent or mandatary; and

      • (b) cease engaging an agent or mandatary if they are a person or entity referred to in any of those paragraphs.

    • Duty to verify

      9.92 A person or entity referred to in paragraph 5(h) shall

      • (a) before engaging an agent or mandatary, verify whether they are a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and

      • (b) within 30 days after the second anniversary of the most recent verification of an agent or mandatary under this section, verify whether the agent or mandatary, if they are acting on behalf of the person or entity on that anniversary, is a person or entity referred to in any of those paragraphs.

    • Agent or mandatary — criminal convictions

      • 9.93 (1) A person or entity referred to in paragraph 5(h) shall, in respect of an agent or mandatary, obtain and review the documents referred to in subsection (2)

        • (a) before engaging the agent or mandatary; and

        • (b) within 30 days after the second anniversary of the most recent review carried out in respect of the agent or mandatary under this subsection, if the agent or mandatary is acting on behalf of the person or entity on that anniversary.

      • Documents

        (2) The documents to be obtained and reviewed are the following:

        • (a) if the agent or mandatary is a person, a document that sets out their record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; or

        • (b) if the agent or mandatary is an entity, for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides.

      • Translation

        (3) If any document referred to in this section is made in a language other than English or French, the person or entity shall also obtain and review a translation of it into one of those languages that is attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that is competent under the laws of that state to do so.

      • Retention

        (4) The person or entity shall retain, for a prescribed period and in the prescribed manner, any document obtained under this section as well as any prescribed information.

• — 2023, c. 26, s. 185

  • • 185 (1) Paragraphs 11.12(1)(b) and (c) of the Act are replaced by the following:

      • (b) if the applicant is a person referred to in paragraph 5(h) or (h.1), a document that sets out the person’s record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides;

      • (c) if the applicant is an entity referred to in paragraph 5(h) or (h.1), for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides;

      • (c.1) if the applicant is a person or entity referred to in paragraph 5(h.1), the name and address for service of a person who resides in Canada and who is authorized to accept, on behalf of the person or entity, notices that are served or caused to be served by the Centre under this Act;

      • (c.2) if the applicant is an entity, the prescribed information in respect of the entity’s incorporation or formation; and

    • (2) Section 11.12 of the Act is amended by adding the following after subsection (1):

      • Translation

        (1.1) If a document referred to in paragraph (1)(b) or (c) is made in a language other than English or French, the application shall include a translation of it into one of those languages attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that this competent under the laws of that state to do so.

• — 2023, c. 26, s. 186

  • 186 Subsection 11.13(2) of the Act is replaced by the following:

    • Denial or revocation

      (2) If the name or address for service of a person referred to in paragraph 11.12(1)(c.1) changes, and an applicant or registered person or entity who is or was required to provide the information described in that paragraph does not, within the period referred to in subsection (1), provide the Centre with the new name or address for service, the Centre shall without delay after becoming aware of that fact deny the application, or revoke the registration, as the case may be, and shall, without delay, inform the applicant or registered person or entity of the denial or revocation.

• — 2023, c. 26, s. 205

  • 205 The headings before section 83 of the Act are replaced by the following:

    PART 6Transitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force

    Transitional Provisions

• — 2023, c. 26, s. 206

  • 206 The Act is amended by adding the following after section 83:

    • Definitions

      83.1 The following definitions apply in this section and in sections 83.2 and 83.3.

      agent or mandatary

      agent or mandatary, in relation to a specified person or entity, means any agent or mandatary acting on the commencement day on behalf of the specified person or entity to provide any of the services referred to in paragraph 5(h). (mandataire)

      commencement day

      commencement day means the day on which this section and sections 83.2 and 83.3 come into force. (date de référence)

      second anniversary

      second anniversary means the second anniversary of the commencement day. (deuxième anniversaire)

      specified person or entity

      specified person or entity means a person or entity referred to in paragraph 5(h). (personne ou entité déterminée)

    • Agent or mandatary

      • 83.2 (1) A specified person or entity shall, no later than the second anniversary,

        • (a) verify whether every agent or mandatary is a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and

        • (b) obtain and review the documents referred to in subsection 9.93(2) in respect of every agent or mandatary.

      • Deeming

        (2) The verification and review carried out under subsection (1) are deemed to be a verification carried out under section 9.92 and a review carried out under subsection 9.93(1), respectively.

    • Documents — registration

      • 83.3 (1) A specified person or entity that is registered with the Centre on the commencement day shall, in the prescribed form and manner, provide the Centre with the documents referred to in paragraph 11.12(1)(b) or (c) no later than the second anniversary.

      • Translation

        (2) The obligation to provide a translation set out in subsection 11.12(1.1) applies with respect to those documents.

• — 2024, c. 15, s. 278(3)

  • • 278 (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

      acquirer

      acquirer means an entity that connects a private automated banking machine to a payment card network, as defined in section 3 of the Payment Card Networks Act, to facilitate transactions. (acquéreur)

      private automated banking machine

      private automated banking machine means any automated banking machine that is not owned or operated by a bank as defined in section 2 of the Bank Act, by an association regulated by the Cooperative Credit Associations Act or by a cooperative credit society, a savings and credit union or a caisse populaire regulated by a provincial Act. (guichet automatique privé)

• — 2024, c. 15, s. 279

  • • 279 (1) Paragraph 5(h) of the Act is amended by striking out “or” at the end of subparagraph (iv) and by adding the following after that subparagraph:

      • (iv.1) in relation to a private automated banking machine, acquirer services, or

    • (2) Paragraph 5(h.1) of the Act is amended by striking out “or” at the end of subparagraph (iv) and by adding the following after that subparagraph:

      • (iv.1) in relation to a private automated banking machine, acquirer services, or

• — 2024, c. 17, s. 346

  • 346 The Act is amended by adding the following after section 77:

    • Verifications and reviews — sections 9.92 and 9.93

      77.01 Every person or entity that knowingly contravenes section 9.92 or 9.93 is guilty of an offence and liable

      • (a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or

      • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both.