Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
Full Document:
Assented to 2014-06-19
Marginal note:2001, c. 41, s. 61
274. Section 25 of the Act is replaced by the following:
Marginal note:Request for Minister’s decision
25. A person from whom currency or monetary instruments were seized under section 18, or the lawful owner of the currency or monetary instruments, may, within 90 days after the date of the seizure, request a decision of the Minister as to whether subsection 12(1) was contravened, by giving notice to the Minister in writing or by any other means satisfactory to the Minister.
Marginal note:Extension of time by Minister
25.1 (1) If no request for a decision of the Minister is made under section 25 within the period provided in that section, the person or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request.
Marginal note:Reasons
(2) An application shall set out the reasons why the request was not made on time.
Marginal note:Burden of proof
(3) The burden of proof that an application has been made under subsection (1) lies on the person or lawful owner claiming to have made it.
Marginal note:Notice of decision
(4) The Minister shall, without delay after making a decision in respect of an application, notify the applicant in writing of the decision.
Marginal note:Conditions for granting application
(5) The application is not to be granted unless
(a) it is made within one year after the end of the period provided in section 25; and
(b) the applicant demonstrates that
(i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,
(ii) it would be just and equitable to grant the application, and
(iii) the application was made as soon as circumstances permitted.
Marginal note:Extension of time by Federal Court
25.2 (1) The person or lawful owner referred to in section 25 may apply to the Federal Court to have their application under section 25.1 granted
(a) within the period of 90 days after the Minister dismisses that application, if it is dismissed; or
(b) after 90 days have expired after that application was made, if the Minister has not notified the person or lawful owner of a decision made in respect of it.
Marginal note:Application process
(2) The application shall be made by filing in the Federal Court a copy of the application made under section 25.1, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it.
Marginal note:Powers of the Court
(3) The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 25 be deemed to have been made on the date the order was made.
Marginal note:Conditions for granting application
(4) The application is not to be granted unless
(a) the application under subsection 25.1(1) was made within one year after the end of the period provided in section 25; and
(b) the person or lawful owner making the application demonstrates that
(i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,
(ii) it would be just and equitable to grant the application, and
(iii) the application was made as soon as circumstances permitted.
Marginal note:2006, c. 12, s. 22(1)
275. (1) Subsection 36(1.1) of the Act is replaced by the following:
Marginal note:Use of information
(1.1) An officer may use information referred to in subsection (1) if the officer has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act.
(2) Subsection 36(3.1) of the Act is replaced by the following:
Marginal note:Disclosure of information to Canada Revenue Agency
(3.01) An officer may disclose to the Canada Revenue Agency information referred to in subsection (1) about the circumstances of a seizure under subsection 18(1) if the officer has reasonable grounds to suspect that the currency or monetary instruments seized
(a) are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities; and
(b) relate to a registered charity as defined in subsection 248(1) of the Income Tax Act, to an entity that has applied for registration as such a registered charity, or to a person or any other entity that solicits charitable financial donations from the public.
Marginal note:Recording of reasons for decision
(3.1) If an officer decides to disclose information under any of subsections (2) to (3.01), the officer shall record in writing the reasons for the decision.
276. (1) The portion of section 40 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Object
40. The object of this Part is to establish an agency that
(2) Paragraph 40(a) of the Act is replaced by the following:
(a) acts at arm’s length and is independent from law enforcement agencies and other entities to which it is authorized to disclose information under subsection 55(3), 55.1(1) or 56.1(1) or (2);
(3) Paragraph 40(d) of the Act is replaced by the following:
(d) operates to enhance public awareness and understanding of matters related to money laundering and the financing of terrorist activities; and
Marginal note:2010, c. 12, s. 1871
277. Subsections 52(2) to (4) of the Act are replaced by the following:
Marginal note:Director to report to Minister
(1.1) On or before September 30 of each year, the Director shall submit to the Minister a report on the Centre’s activities for the preceding year that includes the following information about that year’s activities as well as information on any matters that the Minister or an officer of the Department of Finance specifies:
(a) a description of the activities carried out by the Centre to ensure compliance with Parts 1 and 1.1, including a description of those activities by class of persons or entities referred to in section 5, and of its conclusions as to the compliance of those persons or entities with Parts 1 and 1.1;
(b) any measures undertaken under paragraph 58(1)(c); and
(c) a description, with the relevant statistics included, of the results achieved by and the effectiveness of the Centre in the exercise of its powers and the performance of its duties and functions.
Marginal note:Obligation to inform
(2) The Director shall keep the Minister and any officer of the Department of Finance whom the Director considers appropriate informed of any matter that could materially affect public policy or the strategic direction of the Centre, and any other matter that the Minister considers necessary.
Marginal note:Director to disclose other information
(3) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.
Marginal note:Disclosure of information to advisor
(4) The Director shall disclose to a person engaged under subsection 42(4), in the form and manner that the person directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).
Marginal note:2010, c. 12, s. 1872
278. Sections 53 to 53.2 of the Act are replaced by the following:
Marginal note:Limitation
53. (1) The Director shall not disclose under section 52
(a) any information collected by the Centre under subparagraph 54(1)(b)(ii);
(b) any information referred to in paragraphs 55(1)(a) to (b.1), (c) or (d);
(c) any information referred to in paragraph 55(1)(e) that the Centre prepared for possible disclosure under subsection 55(3), section 55.1 or subsection 56.1(1) or (2); or
(d) any information that would directly or indirectly identify a client or employee of a person or entity referred to in section 5.
Marginal note:Clarification
(2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under section 52, the Director shall provide the document with that information excluded.
Marginal note:Director or officer to disclose information for the purpose of Part 1.1
53.1 (1) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any 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), that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under Part 1.1.
Marginal note:Director may disclose information
(2) If the Director is of the opinion that 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), would assist the Minister in carrying out the Minister’s powers and duties under Part 1.1, the Director may disclose that information or analysis to the Minister or any officer of the Department of Finance whom the Director considers appropriate.
Marginal note:Limitation
53.2 (1) The Director shall not disclose under section 53.1 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:Clarification
(2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required or permitted to be disclosed under section 53.1, the Director shall provide the document with that information excluded.
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