PART 1.1Protection of Canada’s Financial System (continued)
Limitation and Prohibition of Financial Transactions (continued)
11.5 (1) The Minister shall, at least every three years after the making of a regulation under this Part, review that regulation to determine whether it is advisable, in the Minister’s opinion, that it be amended or repealed.
Marginal note:Relevant circumstances
(2) In reviewing a regulation, the Minister may take into account any circumstance that the Minister considers relevant.
- 2010, c. 12, s. 1869
Marginal note:Foreign branches
11.6 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act, shall ensure that its foreign branches comply with any regulation made under subsection 11.49(1) to the extent it is permitted by, and does not conflict with, the laws of the foreign state in which the branch is located.
- 2010, c. 12, s. 1869
- 2014, c. 20, s. 270
- 2017, c. 20, s. 426
Marginal note:Ministerial permit
11.7 (1) The Governor in Council may, by order, authorize the Minister to issue to any person or entity referred to in section 5 a permit to enter into, undertake or facilitate a financial transaction or class of financial transactions, specified by the Minister, that is otherwise limited or prohibited by regulation.
Marginal note:Terms and conditions
(2) A permit may be subject to any terms and conditions that the Minister considers appropriate.
Marginal note:Amendment, etc.
(3) The Minister may amend, suspend, revoke or reinstate a permit.
- 2010, c. 12, s. 1869
PART 2Reporting of Currency and Monetary Instruments
Definition of officer
- 2014, c. 20, s. 271
Marginal note:Currency and monetary instruments
12 (1) Every person or entity referred to in subsection (3) shall report to an officer, in accordance with the regulations, the importation or exportation of currency or monetary instruments of a value equal to or greater than the prescribed amount.
(2) A person or entity is not required to make a report under subsection (1) in respect of an activity if the prescribed conditions are met in respect of the person, entity or activity, and if the person or entity satisfies an officer that those conditions have been met.
Marginal note:Who must report
(3) Currency or monetary instruments shall be reported under subsection (1)
(a) in the case of currency or monetary instruments in the actual possession of a person arriving in or departing from Canada, or that form part of their baggage if they and their baggage are being carried on board the same conveyance, by that person or, in prescribed circumstances, by the person in charge of the conveyance;
(b) in the case of currency or monetary instruments imported into Canada by courier or as mail, by the exporter of the currency or monetary instruments or, on receiving notice under subsection 14(2), by the importer;
(c) in the case of currency or monetary instruments exported from Canada by courier or as mail, by the exporter of the currency or monetary instruments;
(d) in the case of currency or monetary instruments, other than those referred to in paragraph (a) or imported or exported as mail, that are on board a conveyance arriving in or departing from Canada, by the person in charge of the conveyance; and
(e) in any other case, by the person on whose behalf the currency or monetary instruments are imported or exported.
Marginal note:Duty to answer and comply
(4) Every person arriving in or departing from Canada shall
(a) answer truthfully any questions asked by the officer in the performance of the officer’s duties and functions under this Part; and
(b) if the person is arriving in or departing from Canada with any currency or monetary instruments in respect of which a report is made, on request of an officer, present the currency or monetary instruments that they are carrying or transporting, unload any conveyance or part of a conveyance or baggage and open or unpack any package or container that the officer wishes to examine.
Marginal note:Sending reports to Centre
(5) The Canada Border Services Agency shall send the reports they receive under subsection (1) to the Centre. It shall also create an electronic version of the information contained in each report, in the format specified by the Centre, and send it to the Centre by the electronic means specified by the Centre.
- 2000, c. 17, s. 12
- 2001, c. 41, s. 54
- 2006, c. 12, s. 12(F)
- 2014, c. 20, s. 272
13 [Repealed, 2018, c. 27, s. 174]
Marginal note:Temporary retention
14 (1) Subject to subsections (2) to (5), if a person or an entity indicates to an officer that they have currency or monetary instruments to report under subsection 12(1) but the report has not yet been completed, the officer may, after giving notice in the prescribed manner to the person or entity, retain the currency or monetary instruments for the prescribed period.
Marginal note:Importation or exportation by courier or as mail
(2) In the case of currency or monetary instruments imported or exported by courier or as mail, the officer shall, within the prescribed period, give the notice to the exporter if the exporter’s address is known, or, if the exporter’s address is not known, to the importer.
(3) Currency or monetary instruments may no longer be retained under subsection (1) if the officer is satisfied that the currency or monetary instruments have been reported under subsection 12(1).
Marginal note:Content of notice
(4) The notice referred to in subsection (1) must state
(a) the period for which the currency or monetary instruments may be retained;
(b) that if, within that period, the currency or monetary instruments are reported under subsection 12(1), they may no longer be retained; and
(c) that currency or monetary instruments retained at the end of that period are forfeited to Her Majesty in right of Canada at that time.
Marginal note:Forfeiture and report to Centre
(5) Currency or monetary instruments that are retained by an officer under subsection (1) are forfeited to Her Majesty in right of Canada at the end of the period referred to in that subsection, and the officer shall send any incomplete report in respect of the forfeited currency or monetary instruments made under subsection 12(1) to the Centre.
- 2000, c. 17, s. 14
- 2018, c. 27, s. 175
Marginal note:Search of the person
(a) any person who has arrived in Canada, within a reasonable time after their arrival in Canada,
(b) any person who is about to leave Canada, at any time before their departure, or
(c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after they leave the area,
if the officer suspects on reasonable grounds that the person has secreted on or about their person currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection.
Marginal note:Person taken before senior officer
(2) An officer who is about to search a person under this section shall, on the person’s request, without delay take the person before the senior officer at the place where the search is to take place.
Marginal note:Discharge or search
(3) A senior officer before whom a person is taken under subsection (2) shall, if the senior officer believes there are no reasonable grounds for suspicion under subsection (1), discharge the person or, if the senior officer believes otherwise, direct that the person be searched.
Marginal note:Search by same sex
(4) No person shall be searched under this section by a person who is not of the same sex, and if there is no officer of the same sex at the place where the search is to take place, an officer may authorize any suitable person of the same sex to perform the search.
- 2000, c. 17, s. 15
- 2001, c. 41, s. 55
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