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

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART 3Financial Transactions and Reports Analysis Centre of Canada (continued)

Compliance Measures (continued)

Marginal note:Disclosure to law enforcement agencies

  •  (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.

  • Marginal note:Compliance of persons or entities

    (2) For the purpose of ensuring compliance with Part 1 or 1.1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 or 1.1 applies information relating to the compliance of those persons or entities with that Part.

  • Marginal note:Limitation

    (3) Any information disclosed by the Centre under subsection (1) may be used by an agency referred to in that subsection only as evidence of a contravention of Part 1 or 1.1, and any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in subsection (2) only for purposes relating to compliance with Part 1 or 1.1.

  • 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.

  • 2000, c. 17, s. 65
  • 2004, c. 15, s. 101
  • 2006, c. 12, s. 36
  • 2010, c. 12, s. 1882
  • 2013, c. 40, ss. 280, 281
  • 2014, c. 20, s. 287

Marginal note:Disclosure to Canada Revenue Agency

  •  (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.

  • 2014, c. 20, s. 288

Marginal note:Disclosure to Canada Revenue Agency

  •  (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.

  • 2014, c. 20, s. 289

Marginal note:Disclosure to Bank of Canada

  •  (1) The Centre may disclose to the Bank of Canada any information relating to the compliance with Part 1 or 1.1 of persons or entities to whom Part 1 or 1.1 applies if the Centre is of the opinion that the information is relevant to the Bank of Canada’s objects under the Retail Payment Activities Act.

  • Marginal note:Limitation

    (2) Any information disclosed by the Centre under subsection (1) may be used by the Bank of Canada only for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects.

  • 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.

Marginal note:Agreements and arrangements

  •  (1) The Centre may enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties, similar to those of the Centre, with respect to verifying compliance with requirements to identify persons or entities, keep records or make reports, or with an international organization made up of such institutions or agencies, that stipulates

    • (a) that the Centre and the institution, agency or organization may exchange information about the compliance of persons and entities with those requirements and about the assessment of risk related to their compliance;

    • (b) that the information may only be used for purposes relevant to ensuring compliance with the requirements and to assessing risk related to compliance; and

    • (c) that the information will be treated in a confidential manner and not be further disclosed without the express consent of the Centre.

  • Marginal note:Disclosure

    (2) The Centre may, in accordance with the agreement or arrangement, provide the institution, agency or organization with information referred to in the agreement or arrangement.

  • Marginal note:Usefulness of information

    (3) When the Centre receives information from an institution, agency or organization under an agreement or arrangement, the Centre may provide it with an evaluation of whether the information is useful to the Centre.

  • 2006, c. 12, s. 37
  • 2017, c. 20, s. 433

Contracts and Agreements

Marginal note:Power to enter into

  •  (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.

  • Marginal note:Limitation

    (3) Despite subsection (1), only the Minister may enter into an agreement or arrangement referred to in subsection 56(1).

  • 2000, c. 17, s. 66
  • 2014, c. 20, s. 290

Marginal note:Choice of service providers

 Despite section 9 of the Department of Public Works and Government Services Act, the Centre may, with the approval of the Governor in Council given on the recommendation of the Treasury Board, procure goods and services, including legal services, from outside the federal public administration.

  • 2000, c. 17, s. 67
  • 2003, c. 22, s. 224(E)

Legal Proceedings

Marginal note:Centre

 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Centre, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Centre in the name of the Centre in any court that would have jurisdiction if the Centre were a corporation that is not an agent of Her Majesty.

Marginal note:Filing of documents

 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).

  • 2014, c. 20, s. 291

Marginal note:No liability

 No action lies against Her Majesty, the Minister, the Director, any employee of the Centre or any person acting under the direction of the Director for anything done or omitted to be done in good faith in the administration or discharge of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.

Audit

Marginal note:Audit

  •  (1) All receipts and expenditures of the Centre are subject to examination and audit by the Auditor General of Canada.

  • Marginal note:Use and disclosure

    (2) The Auditor General of Canada and every person acting on behalf of or under the direction of the Auditor General of Canada shall not use or disclose any information referred to in subsection 55(1) that they have obtained, or to which they have had access, in the course of exercising powers or performing duties and functions under this Act or the Auditor General Act, except for the purposes of exercising those powers or performing those duties and functions.

Reports

Marginal note:Annual report

  •  (1) The Director shall, on or before September 30 of each year following the Centre’s first full year of operations, submit an annual report on the operations of the Centre for the preceding year to the Minister, and the Minister shall table a copy of the report in each House of Parliament on any of the first 30 days on which that House is sitting after the Minister receives the report.

  • 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.

  • 2000, c. 17, s. 71
  • 2014, c. 20, s. 292

Marginal note:Review of Act by parliamentary committee

  •  (1) Every five years beginning on the day on which this section comes into force, the administration and operation of this Act shall be reviewed by the committee of the House of Commons, of the Senate or of both Houses that is designated or established for that purpose.

  • Marginal note:Review by Privacy Commissioner

    (2) Every two years beginning on the day on which this section comes into force, the Privacy Commissioner, appointed under section 53 of the Privacy Act, shall review the measures taken by the Centre to protect information it receives or collects under this Act and shall, within three months after the review, submit a report on those measures to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides without delay after receiving it or, if that House is not then sitting, on any of the first 15 days on which that House is sitting after the Speaker receives it.

  • 2000, c. 17, s. 72
  • 2006, c. 12, s. 38

Service of Notices

Marginal note:Authorized person

 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.

PART 4Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may, on the recommendation of the Minister, make any regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of this Act, including regulations

    • (a) respecting dealing in virtual currencies;

    • (b) respecting the keeping of records referred to in section 6;

    • (c) respecting the verification of the identity of persons and entities referred to in section 6.1;

    • (d) respecting the reports to the Centre referred to in section 7 and subsections 7.1(1) and 9(1);

    • (e) respecting the determination of whether a person is a person described in any of paragraphs 9.3(1)(a) to (c);

    • (e.1) and (e.2) [Repealed, 2017, c. 20, s. 434]

    • (f) respecting the measures referred to in subsections 9.3(2) and (2.1);

    • (g) respecting the measures referred to in subsection 9.4(1);

    • (h) respecting the program referred to in subsection 9.6(1);

    • (i) respecting the special measures referred to in subsection 9.6(3);

    • (j) respecting the registration referred to in sections 11.1 to 11.2;

    • (k) respecting the reports referred to in subsection 12(1); and

    • (l) prescribing anything that by this Act is to be prescribed.

    • (l.1) to (y) [Repealed, 2017, c. 20, s. 434]

    • (y.1) and (y.2) [Repealed, 2014, c. 20, s. 294]

    • (z) and (z.1) [Repealed, 2017, c. 20, s. 434]

  • (2) and (3) [Repealed, 2001, c. 41, s. 73]

  • 2000, c. 17, s. 73
  • 2001, c. 41, s. 73
  • 2006, c. 12, s. 39
  • 2010, c. 12, s. 1877
  • 2014, c. 20, s. 294
  • 2017, c. 20, s. 434

PART 4.1Notices of Violation, Compliance Agreements and Penalties

Violations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) designating, as a violation that may be proceeded with under this Part, the contravention of a specified provision of this Act or the regulations;

    • (b) classifying each violation as a minor violation, a serious violation or a very serious violation, and classifying a series of minor violations as a serious violation or a very serious violation;

    • (c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any violation;

    • (d) prescribing the additional penalty to be paid for the purposes of subsection 73.18(1);

    • (e) respecting the service of documents under this Part, including the manner and proof of service and the circumstances under which documents are deemed to be served; and

    • (f) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Maximum penalties

    (2) The maximum penalty for a violation is $100,000 if the violation is committed by a person and $500,000 if the violation is committed by an entity.

  • 2006, c. 12, s. 40
 
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