Interpretation

• 1 (1) The following definitions apply in the Act and in these Regulations.

  casino

  casino means a government, organization, board or operator that is referred to in any of paragraphs 5(k) to (k.3) of the Act. (casino)

  shell bank

  shell bank means a foreign financial institution that does not have a physical presence in any country, unless it is controlled by or is under common control with a depository institution, credit union or foreign financial institution that maintains a physical presence in Canada or in a foreign country. (banque fictive)

• (2) The following definitions apply in these Regulations.

  accountant

  accountant means a chartered accountant, a certified general accountant or a certified management accountant. (comptable)

  accounting firm

  accounting firm means an entity that is engaged in the business of providing accounting services to the public and has at least one partner, employee or administrator that is an accountant. (cabinet d’expertise comptable)

  Act

  Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. (Loi)

  annuity

  annuity has the same meaning as in subsection 248(1) of the Income Tax Act. (rente)

  British Columbia notary corporation

  British Columbia notary corporation means an entity that carries on the business of providing notary services to the public in the province of British Columbia in accordance with the Notaries Act, R.S.B.C. 1996, c. 334. (société de notaires de la Colombie-Britannique)

  British Columbia notary public

  British Columbia notary public means a person who is a member of the Society of Notaries Public of British Columbia. (notaire public de la Colombie-Britannique)

  business relationship

  business relationship means any relationship with a client, established by a person or entity to which section 5 of the Act applies, to conduct financial transactions or provide services related to those transactions and, as the case may be,

  • (a) if the client holds one or more accounts with that person or entity, all transactions and activities relating to those accounts; or

  • (b) if the client does not hold an account, only those transactions and activities in respect of which that person or entity is required to ascertain the identity of a person or confirm the existence of an entity under these Regulations.

  It does not include any transaction or activity referred to in paragraph 62(1)(a), (b) or (d) or subsection 62(2) or (3). (relation d’affaires)

  cash

  cash means coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada pursuant to the Bank of Canada Act that are intended for circulation in Canada or coins or bank notes of countries other than Canada. (espèces)

  CICA Handbook

  CICA Handbook means the handbook prepared and published by the Canadian Institute of Chartered Accountants, as amended from time to time. (Manuel de l’ICCA)

  client credit file

  client credit file[Repealed, SOR/2016-153, s. 15]

  client information record

  client information record means a record that sets out a client’s name and address and

  • (a) if the client is a person, their date of birth and the nature of their principal business or their occupation, as applicable; and

  • (b) if the client is an entity, the nature of their principal business. (dossier-client)

  correspondent banking relationship

  correspondent banking relationship has the same meaning as in subsection 9.4(3) of the Act. (relation de correspondant bancaire)

  credit union central

  credit union central means a central cooperative credit society, as defined in section 2 of the Cooperative Credit Associations Act, or a credit union central or a federation of credit unions or caisses populaires that is regulated by a provincial Act other than one enacted by the legislature of Quebec. (centrale de caisses de crédit)

  dealer in precious metals and stones

  dealer in precious metals and stones means a person or entity that, in the course of their business activities, buys or sells precious metals, precious stones or jewellery. It includes a department or agent or mandatary of Her Majesty in right of Canada or of a province when the department or agent or mandatary is carrying out the activity, referred to in section 39.1, of selling precious metals to the public. (négociant en métaux précieux et pierres précieuses)

  deferred profit sharing plan

  deferred profit sharing plan has the same meaning as in subsection 248(1) of the Income Tax Act. (régime de participation différée aux bénéfices)

  deposit slip

  deposit slip means a record that sets out the date of a deposit, the holder of the account in whose name the deposit is made, the number of the account, the amount of the deposit and any part of the deposit that is made in cash. (relevé de dépôt)

  electronic funds transfer

  electronic funds transfer means the transmission — through any electronic, magnetic or optical device, telephone instrument or computer — of instructions for the transfer of funds, other than the transfer of funds within Canada. In the case of SWIFT messages, only SWIFT MT 103 messages are included. (télévirement)

  employees profit sharing plan

  employees profit sharing plan has the same meaning as in subsection 248(1) of the Income Tax Act. (régime de participation des employés aux bénéfices)

  financial entity

  financial entity means a bank that is regulated by the Bank Act, an authorized foreign bank, as defined in section 2 of that Act, in respect of its business in Canada, a cooperative credit society, savings and credit union or caisse populaire that is regulated by a provincial Act, an association that is regulated by the Cooperative Credit Associations Act, a financial services cooperative, a credit union central, a company that is regulated by the Trust and Loan Companies Act and a trust company or loan company that is regulated by a provincial Act. It includes a department or an entity that is an agent or mandatary of Her Majesty in right of Canada or of a province when it is carrying out an activity referred to in section 45. (entité financière)

  financial services cooperative

  financial services cooperative means a financial services cooperative that is regulated by An Act respecting financial services cooperatives, CQLR, c. C-67.3, or An Act respecting the Mouvement Desjardins, S.Q. 2000, c. 77, other than a caisse populaire. (coopérative de services financiers)

  funds

  funds means either

  • (a) cash; or

  • (b) currency, securities, negotiable instruments or other financial instruments, in any form, that indicate a person’s or entity’s title or right to, or interest in, them. (fonds)

  inter vivos trust

  inter vivos trust means a personal trust, other than a trust created by will. (fiducie entre vifs)

  jewellery

  jewellery means objects that are made of gold, silver, palladium, platinum, pearls or precious stones and that are intended to be worn as a personal adornment. (bijou)

  large cash transaction record

  large cash transaction record means a record that indicates the receipt of an amount of $10,000 or more in cash in the course of a single transaction and that contains the following information:

  • (a) as the case may be

    • (i) if the amount is received for deposit by a financial entity, the name of each person or entity in whose account the amount is deposited, or

    • (ii) in any other case, the name of the person from whom the amount is in fact received, their address and date of birth and the nature of their principal business or their occupation, if the information is not readily obtainable from other records that the recipient keeps and retains under these Regulations;

  • (b) the date of the transaction;

  • (c) where the transaction is a deposit that is made during normal business hours of the recipient, the time of the deposit or, where the transaction is a deposit that is made by means of a night deposit before or after those hours, an indication that the deposit was a night deposit;

  • (d) the number of any account that is affected by the transaction, and the type of that account, the full name of any person or entity that holds the account and the currency in which account transactions are conducted;

  • (e) the purpose and details of the transaction, including other persons or entities involved and the type of transaction (such as cash, electronic funds transfer, deposit, currency exchange , the purchase or cashing of a cheque, money order, traveller’s cheque or banker’s draft or the purchase of precious metals, precious stones or jewellery);

  • (f) whether the cash is received by armoured car, in person, by mail or in any other way;

  • (g) the amount and currency of the cash received; and

  • (h) where the amount is received by a dealer in precious metals and stones for the sale of precious metals, precious stones or jewellery,

    • (i) the type of precious metals, precious stones or jewellery involved in the transaction,

    • (ii) the value of the transaction, if different from the amount of the cash received, and

    • (iii) the wholesale value of the transaction. (relevé d’opération importante en espèces)

  legal firm

  legal firm means an entity that is engaged in the business of providing legal services to the public. (cabinet d’avocats)

  life insurance broker or agent

  life insurance broker or agent means a person or entity that is registered or licensed under provincial legislation to carry on the business of arranging contracts of life insurance. (représentant d’assurance-vie)

  life insurance company

  life insurance company means a life company or foreign life company to which the Insurance Companies Act applies or a life insurance company regulated by a provincial Act. (société d’assurance-vie)

  money services business

  money services business means a person or entity referred to in paragraph 5(h) of the Act. (entreprise de services monétaires)

  ongoing monitoring

  ongoing monitoring means monitoring on a periodic basis based on the risk assessment undertaken in accordance with subsection 9.6(2) of the Act and subsection 71(1) of these Regulations, by a person or entity to which section 5 of the Act applies of their business relationship with a client for the purpose of

  • (a) detecting any transactions that are required to be reported in accordance with section 7 of the Act;

  • (b) keeping client identification information and the information referred to in sections 11.1 and 52.1 up to date;

  • (c) reassessing the level of risk associated with the client’s transactions and activities; and

  • (d) determining whether transactions or activities are consistent with the information obtained about their client, including the risk assessment of the client. (contrôle continu)

  physical presence

  physical presence means, in respect of a foreign financial institution, a place of business that is maintained by the institution, is located at a fixed address in a country in which the institution is authorized to conduct banking activities — at which address it employs one or more individuals on a full-time basis and maintains operating records related to its banking activities — and is subject to inspection by the banking authority that licensed the institution to conduct banking activities. (présence physique)

  precious metal

  precious metal means gold, silver, palladium or platinum in the form of coins, bars, ingots or granules or in any other similar form. (métal précieux)

  precious stones

  precious stones means diamonds, sapphires, emeralds, tanzanite, rubies or alexandrite. (pierre précieuse)

  public body

  public body means

  • (a) any department or agent or mandatary of Her Majesty in right of Canada or of a province;

  • (b) an incorporated city or town, village, metropolitan authority, township, district, county, rural municipality or other incorporated municipal body in Canada or an agent or mandatary in Canada of any of them; and

  • (c) an organization that operates a public hospital and that is designated by the Minister of National Revenue as a hospital authority under the Excise Tax Act, or an agent or mandatary of such an organization. (organisme public)

  real estate broker or sales representative

  real estate broker or sales representative means a person or entity that is registered or licensed under provincial legislation in respect of the sale or purchase of real estate. (courtier ou agent immobilier)

  real estate developer

  real estate developer means, on any given day in a calendar year, a person or entity who, in that calendar year and before that day or in any previous calendar year after 2007, has sold to the public, other than in the capacity of a real estate broker or sales representative,

  • (a) five or more new houses or condominium units;

  • (b) one or more new commercial or industrial buildings; or

  • (c) one or more new multi-unit residential buildings each of which contains five or more residential units, or two or more new multi-unit residential buildings that together contain five or more residential units. (promoteur immobilier)

  receipt of funds record

  receipt of funds record means, in respect of a transaction in which an amount of funds is received, a record that contains the following information:

  • (a) if the information is not readily obtainable from other records that the recipient keeps and retains under these Regulations, the name of the person or entity from whom the amount is in fact received and

    • (i) where the amount is received from a person, their address and date of birth and the nature of their principal business or their occupation, and

    • (ii) where the amount is received from an entity, their address and the nature of their principal business;

  • (b) the date of the transaction;

  • (c) the number of any account that is affected by the transaction, and the type of that account, the full name of the person or entity that is the account holder and the currency in which the transaction is conducted;

  • (d) the purpose and details of the transaction, including other persons or entities involved and the type and form of the transaction;

  • (e) if the funds are received in cash, whether the cash is received by armoured car, in person, by mail or in any other way; and

  • (f) the amount and currency of the funds received. (relevé de réception de fonds)

  registered pension plan

  registered pension plan has the same meaning as in subsection 248(1) of the Income Tax Act. (régime de pension agréé)

  registered retirement income fund

  registered retirement income fund has the same meaning as in subsection 248(1) of the Income Tax Act. (fonds enregistré de revenu de retraite)

  securities dealer

  securities dealer means a person or entity that is referred to in paragraph 5(g) of the Act. (courtier en valeurs mobilières)

  senior officer

  senior officer, in respect of an entity, means, if applicable,

  • (a) a director of the entity who is one of its full-time employees;

  • (b) the entity’s chief executive officer, chief operating officer, president, secretary, treasurer, controller, chief financial officer, chief accountant, chief auditor or chief actuary, or any person who performs any of those functions; or

  • (c) any other officer who reports directly to the entity’s board of directors, chief executive officer or chief operating officer. (cadre dirigeant)

  signature

  signature includes an electronic signature or other information in electronic form that is created or adopted by a client of a person or entity referred to in section 5 of the Act and that is accepted by the person or entity as being unique to that client. (signature)

  signature card

  signature card, in respect of an account, means a document that is signed by a person who is authorized to give instructions in respect of the account, or electronic data that constitutes the signature of such a person. (fiche-signature)

  SWIFT

  SWIFT means the Society for Worldwide Interbank Financial Telecommunication. (SWIFT)

  transaction ticket

  transaction ticket means a record respecting a foreign currency exchange transaction — which may take the form of an entry in a transaction register — that sets out

  • (a) the date, amount and currency of the purchase or sale;

  • (b) the method, amount and currency of the payment made or received; and

  • (c) in the case of a transaction of $3,000 or more that is carried out by a person, their name, address and date of birth. (fiche d’opération)

  trust company

  trust company means a trust company to which the Trust and Loan Companies Act applies or a trust company regulated by a provincial Act. ((société de fiducie))

• 1.1 (1) For the purposes of subsection 9.3(1) of the Act, a prescribed family member of a politically exposed foreign person, a politically exposed domestic person or a head of an international organization is

  • (a) their spouse or common-law partner;

  • (b) their child;

  • (c) their mother or father;

  • (d) the mother or father of their spouse or common-law partner; or

  • (e) a child of their mother or father.

• (2) For the purposes of the definition politically exposed domestic person in subsection 9.3(3) of the Act, the prescribed period is five years.

1.11 The prescribed precious metals for the purpose of paragraph 5(l) of the Act are precious metals as defined in subsection 1(2).

1.12 For the purposes of these Regulations, an entity is affiliated with another entity if one of them is wholly owned by the other, if both are wholly owned by the same entity or if their financial statements are consolidated.

Non-application of Certain Provisions

1.2 Sections 11.1, 12, 13, 14, 14.1, 15.1, 52.1, 53.1, 54, 54.1, 54.2 and 54.3 do not apply in respect of the credit card acquiring activities of a financial entity.

General

Foreign Currency

2 If a transaction is carried out by a person or entity in a foreign currency, the amount of the transaction shall be converted into Canadian dollars using

• (a) the official conversion rate of the Bank of Canada for that currency as published in the Bank of Canada’s Daily Memorandum of Exchange Rates that is in effect at the time of the transaction; or

• (b) if no official conversion rate is set out in that publication for that currency, the conversion rate that the person or entity would use for that currency in the normal course of business at the time of the transaction.

Single Transactions

• 3 (1) In these Regulations, two or more cash transactions or electronic funds transfers of less than $10,000 each that are made within 24 consecutive hours and that total $10,000 or more are considered to be a single transaction of $10,000 or more if

  • (a) where a person is required to keep a large cash transaction record or to report an electronic funds transfer in accordance with these Regulations, the person knows that the transactions or transfers are conducted by, or on behalf of, the same person or entity; and

  • (b) where an entity is required to keep a large cash transaction record or to report an electronic funds transfer in accordance with these Regulations, an employee or a senior officer of the entity knows that the transactions or transfers are conducted by, or on behalf of, the same person or entity.

• (2) For greater certainty, subsection (1) does not apply in respect of an electronic funds transfer sent to two or more beneficiaries where the transfer is requested by

  • (a) a public body or a corporation referred to in paragraph 62(2)(m); or

  • (b) an administrator of a pension fund that is regulated by or under an Act of Parliament or of the legislature of a province.

Sending Reports

• 4 (1) A report that is required to be made to the Centre shall be sent electronically in accordance with guidelines for report submissions that are prepared by the Centre, if the sender has the technical capabilities to do so.

• (2) The report shall be sent in paper format, in accordance with guidelines for report submissions that are prepared by the Centre, if the sender does not have the technical capabilities to send the report electronically.

Reporting Time Limits

• 5 (1) A report that is required to be made under these Regulations in respect of an electronic funds transfer shall be sent to the Centre not later than five working days after the day of the transfer.

• (2) A report in respect of a large casino disbursement or a transaction for which a large cash transaction record must be kept and retained under these Regulations shall be sent to the Centre within 15 days after the disbursement or transaction.

Transactions Conducted by Employees or Agents or Mandataries

• 6 (1) Where a person who is subject to the requirements of these Regulations is an employee of a person or entity referred to in any of paragraphs 5(a) to (l) of the Act, it is the employer rather than the employee who is responsible for meeting those requirements.

• (2) If a person or entity that is subject to the requirements of these Regulations, other than a life insurance broker or agent, is an agent or mandatary of, or is authorized to act on behalf of, another person or entity referred to in any of paragraphs 5(a) to (l) of the Act, it is that other person or entity rather than the agent or mandatary or the authorized person or entity, as the case may be, that is responsible for meeting those requirements.

7 For the purposes of these Regulations, a person acting on behalf of their employer is considered to be acting on behalf of a third party except when the person is depositing cash into the employer’s business account.

Third Party Determination

• 8 (1) Every person or entity that is required to keep a large cash transaction record under these Regulations shall take reasonable measures to determine whether the individual who in fact gives the cash in respect of which the record is kept is acting on behalf of a third party.

• (2) Where the person or entity determines that the individual is acting on behalf of a third party, the person or entity shall keep a record that sets out

  • (a) the third party’s name, address and date of birth and the nature of the principal business or occupation of the third party, if the third party is an individual;

  • (b) if the third party is an entity, the third party’s name and address and the nature of the principal business of the third party, and, if the entity is a corporation, the entity’s incorporation number and its place of issue; and

  • (c) the nature of the relationship between the third party and the individual who gives the cash.

• (3) Where the person or entity is not able to determine whether the individual is acting on behalf of a third party but there are reasonable grounds to suspect that the individual is doing so, the person or entity shall keep a record that

  • (a) indicates whether, according to the individual, the transaction is being conducted on behalf of a third party; and

  • (b) describes the reasonable grounds to suspect that the individual is acting on behalf of a third party.

• 9 (1) Subject to subsections (4) and (4.1), every person or entity that is required to keep a signature card or an account operating agreement in respect of an account under these Regulations shall, at the time that the account is opened, take reasonable measures to determine whether the account is to be used by or on behalf of a third party.

• (2) Subject to subsections (5) and (6), where the person or entity determines that the account is to be used by or on behalf of a third party, the person or entity shall keep a record that sets out

  • (a) the third party’s name, address and date of birth and the nature of the principal business or occupation of the third party, if the third party is an individual;

  • (b) if the third party is an entity, the third party’s name and address and the nature of the principal business of the third party, and, if the entity is a corporation, the entity’s incorporation number and its place of issue; and

  • (c) the nature of the relationship between the third party and the account holder.

• (3) Where the person or entity is not able to determine if the account is to be used by or on behalf of a third party but there are reasonable grounds to suspect that it will be so used, the person or entity shall keep a record that

  • (a) indicates whether, according to the individual who is authorized to act in respect of the account, the account is to be used by or on behalf of a third party; and

  • (b) describes the reasonable grounds to suspect that the individual is acting on behalf of a third party.

• (4) Subsection (1) does not apply in respect of an account where the account holder is a financial entity or a securities dealer that is engaged in the business of dealing in securities in Canada.

• (4.1) Subsection (1) does not apply in respect of an account that is opened by a financial entity for use in relation to a credit card acquiring business.

• (5) Subsection (2) does not apply where a securities dealer is required to keep an account operating agreement in respect of an account of a person or entity that is engaged in the business of dealing in securities only outside of Canada and where

  • (a) the account is in a country that is a member of the Financial Action Task Force;

  • (b) the account is in a country that is not a member of the Task Force referred to in paragraph (a) but has implemented the recommendations of the Task Force relating to customer identification and, at the time that the account is opened, the securities dealer has obtained written assurance from the entity where the account is located that the country has implemented those recommendations; or

  • (c) the account is in a country that is not a member of the Task Force referred to in paragraph (a) and has not implemented the recommendations of the Task Force relating to customer identification but, at the time that the account is opened, the securities dealer has ascertained the identity of all third parties relating to the account as described in subsection 64(1).

• (6) Subsection (2) does not apply where

  • (a) the account is opened by a legal counsel, an accountant or a real estate broker or sales representative; and

  • (b) the person or entity has reasonable grounds to believe that the account is to be used only for clients of the legal counsel, accountant or real estate broker or sales representative, as the case may be.

• 10 (1) Every person or entity that is required to keep a client information record under these Regulations in respect of a client shall, at the time that the client information record is created, take reasonable measures to determine whether the client is acting on behalf of a third party.

• (2) Where the person or entity determines that the client is acting on behalf of a third party, the person or entity shall keep a record that sets out

  • (a) the third party’s name, address and date of birth and the nature of the principal business or occupation of the third party, if the third party is an individual;

  • (b) if the third party is a entity, the third party’s name and address and the nature of the principal business of the third party, and, if the entity is a corporation, the entity’s incorporation number and its place of issue; and

  • (c) the relationship between the third party and the client.

• (3) Where the person or entity is not able to determine that the client in respect of whom the client information record is kept is acting on behalf of a third party but there are reasonable grounds to suspect that the client is so acting, the person or entity shall keep a record that

  • (a) indicates whether, according to the client, the transaction is being conducted on behalf of a third party; and

  • (b) describes the reasonable grounds to suspect that the client is acting on behalf of a third party.

Information on Beneficiaries

11 A trust company that is required to keep a record in respect of an inter vivos trust in accordance with these Regulations shall keep a record that sets out the name and address of each of the beneficiaries that are known at the time that the trust company becomes a trustee for the trust and

• (a) if the beneficiary is a person, their date of birth and the nature of their principal business or their occupation, as applicable; and

• (b) if the beneficiary is an entity, the nature of their principal business.

Information on Directors or Partners or on Persons Who Own or Control 25 Per Cent or More of a Corporation or Other Entity

• 11.1 (1) Every financial entity or securities dealer that is required to confirm the existence of an entity in accordance with these Regulations when it opens an account in respect of that entity, every life insurance company, life insurance broker or agent or legal counsel or legal firm that is required to confirm the existence of an entity in accordance with these Regulations and every money services business that is required to confirm the existence of an entity in accordance with these Regulations when it enters into an ongoing electronic funds transfer, fund remittance or foreign exchange service agreement with that entity, or a service agreement for the issuance or redemption of money orders, traveller’s cheques or other similar negotiable instruments, shall, at the time the existence of the entity is confirmed, obtain the following information:

  • (a) in the case of a corporation, the names of all directors of the corporation and the names and addresses of all persons who own or control, directly or indirectly, 25 per cent or more of the shares of the corporation;

  • (b) in the case of a trust, the names and addresses of all trustees and all known beneficiaries and settlors of the trust;

  • (c) in the case of an entity other than a corporation or trust, the names and addresses of all persons who own or control, directly or indirectly, 25 per cent or more of the entity; and

  • (d) in all cases, information establishing the ownership, control and structure of the entity.

• (2) Every person or entity that is subject to subsection (1) shall take reasonable measures to confirm the accuracy of the information obtained under that subsection.

• (3) The person or entity shall keep a record that sets out the information obtained and the measures taken to confirm the accuracy of that information.

• (4) If the person or entity is not able to obtain the information referred to in subsection (1) or to confirm that information in accordance with subsection (2), the person or entity shall

  • (a) take reasonable measures to ascertain the identity of the most senior managing officer of the entity; and

  • (b) treat the activities in respect of that entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

• (5) If the entity, the existence of which is being confirmed by a person or entity under subsection (1), is a not-for-profit organization, the person or entity shall determine, and keep a record that sets out, whether that entity is

  • (a) a charity registered with the Canada Revenue Agency under the Income Tax Act; or

  • (b) an organization, other than one referred to in paragraph (a), that solicits charitable donations from the public.

• (6) This section does not apply in respect of a group plan account held within a dividend reinvestment plan or a distribution reinvestment plan, including a plan that permits purchases of additional shares or units by the member with contributions other than the dividends or distributions paid by the sponsor of the plan, if the sponsor of the plan is an entity whose shares or units are traded on a Canadian stock exchange, and that operates in a country that is a member of the Financial Action Task Force.

Reporting of Financial Transactions and Record Keeping

Financial Entities

• 11.2 (1) Part 1 of the Act applies to financial services cooperatives.

• (2) Every credit union central is subject to Part 1 of the Act when it offers financial services to a person or entity other than a financial entity that is a member of that credit union central.

• 12 (1) Subject to section 50 and subsection 52(1), every financial entity shall report the following transactions and information to the Centre:

  • (a) the receipt from a client of an amount in cash of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 1, unless the cash is received from another financial entity or a public body;

  • (b) the sending out of Canada, at the request of a client, of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 2 or 5, as the case may be; and

  • (c) the receipt from outside Canada of an electronic funds transfer, sent at the request of a client, of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 3 or 6, as the case may be.

• (2) For greater certainty, paragraph (1)(b) does not apply when the financial entity sends an electronic funds transfer to a person or entity in Canada, even if the final recipient is outside Canada.

• (3) Paragraph (1)(b) applies in respect of a financial entity that orders a person or entity, to which subsection (1), 28(1) or 40(1) applies, to send out of Canada an electronic funds transfer made at the request of a client, unless it provides that person or entity with the name and address of that client.

• (4) Subject to subsection (5), for greater certainty, paragraph (1)(c) does not apply when the financial entity receives an electronic funds transfer from a person or entity in Canada, even if the initial sender is outside Canada.

• (5) Paragraph (1)(c) applies in respect of a financial entity that receives an electronic funds transfer for a beneficiary in Canada from a person or entity to which subsection (1), 28(1) or 40(1) applies where the initial sender is outside Canada, unless the electronic funds transfer contains the name and address of that beneficiary.

13 Subject to subsection 52(2), every financial entity shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transaction, unless the cash is received from another financial entity or a public body.

14 Subject to subsection 62(2), every financial entity shall keep the following records in respect of a transaction or the opening of an account other than a credit card account:

• (a) where it opens an account, a signature card in respect of each account holder for that account;

• (b) where it opens an account in respect of a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of the account;

• (c) where it opens an account in the name of a client that is a person or an entity other than a corporation, a record of the name and address of the client and

  • (i) if the client is a person, their date of birth and the nature of their principal business or their occupation, as applicable, and

  • (ii) if the client is an entity other than a corporation, the nature of their principal business;

• (c.1) in respect of every account that it opens, a record that sets out the intended use of the account;

• (d) every account operating agreement that it creates in the normal course of business;

• (e) a deposit slip in respect of every deposit that is made to an account;

• (f) every debit and credit memo that it creates or receives in the normal course of business in respect of an account, except debit memos that relate to another account at the same branch of the financial entity that created the debit memo;

• (g) a copy of every account statement that it sends to a client, if the information in the statement is not readily obtainable from other records that are kept and retained by it under these Regulations;

• (h) every cleared cheque that is drawn on, and a copy of every cleared cheque that is deposited to, an account, unless

  • (i) the account on which the cheque is drawn and the account to which the cheque is deposited are at the same branch of the financial entity, or

  • (ii) the following conditions are met, namely,

    • (A) an image of the cheque has been recorded on microfilm or on an electronic medium,

    • (B) an image of the cheque can be readily reproduced from the microfilm or electronic medium,

    • (C) it is possible to readily ascertain where the image of any particular cheque is recorded, and

    • (D) the microfilm or electronic medium is retained for a period of at least five years;

• (i) in respect of every credit arrangement that it enters into with a client, a record of the client’s financial capacity, the terms of the credit arrangement and, if the client is a person, the address of their business or place of work;

• (j) a transaction ticket in respect of every foreign currency exchange transaction;

• (k) where it receives an amount of $3,000 or more from a person or from an entity other than a financial entity in consideration of the issuance of traveller’s cheques, money orders or similar negotiable instruments, a record of the amount received, the date it was received, the name and address of the person who in fact gave the amount and whether the amount received was in cash, cheques, traveller’s cheques, money orders or other similar negotiable instruments;

• (l) where, in a single transaction, it redeems one money order of $3,000 or more, or two or more money orders that, taken together, add up to a total of $3,000 or more, a record of the total amount of the money order or orders, the date on which the money order or orders were redeemed, the name and address of the person who made the request for the money order or orders to be redeemed and the name of the issuer of each money order;

• (m) where, at the request of a client, it sends an electronic funds transfer, as prescribed by subsection 66.1(2), in an amount of $1,000 or more, a record of

  • (i) if the client is a person, their name, address, date of birth and telephone number and the nature of their principal business or their occupation, as applicable,

  • (ii) if the client is an entity, the name, address, date of birth and telephone number of the person who made the request on behalf of the entity and the nature of that person’s principal business or their occupation, as applicable,

  • (iii) the relevant account number, if any, and the reference number, if any, of the transaction and the date of the transaction,

  • (iv) the name and, if applicable, the account number of the beneficiary of the transaction, and

  • (v) the amount and currency of the transaction;

• (n) if it obtains the approval referred to in subsection 67.1(1) or (2) to keep the account open, a record of

  • (i) the office or position and the organization or institution in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons,

  • (ii) the date of the determination,

  • (iii) the source, if known, of the funds that are or are expected to be deposited in the account,

  • (iv) the name of the member of senior management who gave the approval, and

  • (v) the date of that approval; and

• (o) if a transaction is reviewed under any of subsections 67.2(1) to (4), a record of

  • (i) the office or position and the organization or institution in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons,

  • (ii) the date of the determination,

  • (iii) the source, if known, of the funds used for the transaction,

  • (iv) the name of the member of senior management who reviewed the transaction, and

  • (v) the date of that review.

14.1 Subject to subsection 62(2), every financial entity shall, in respect of every credit card account that it opens, keep a credit card account record that includes

• (a) where the account is opened in the name of a client that is a person or an entity other than a corporation, the name and address of the client and

  • (i) if the client is a person, their date of birth and the nature of their principal business or their occupation, as applicable, and

  • (ii) if the client is an entity other than a corporation, the nature of their principal business;

• (b) where the account is opened in the name of a client that is a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of the account;

• (c) the name, address and telephone number of every holder of a credit card for the account;

• (d) the date of birth of every holder of a credit card for the account, if that information is known after reasonable measures have been taken by the financial entity to obtain it;

• (e) every credit card application that the financial entity receives from the client in the normal course of business;

• (f) a copy of every credit card statement that the financial entity sends to the client, if the information in the statement is not readily obtainable from other records that are kept and retained by it under these Regulations; and

• (g) if it obtains the approval referred to in subsection 67.1(1) or (2) to keep the account open,

  • (i) the office or position and the organization or institution in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons,

  • (ii) the date of the determination,

  • (iii) the source, if known, of the funds that are or are expected to be deposited in the account,

  • (iv) the name of the member of senior management who gave the approval, and

  • (v) the date of that approval.

• 15 (1) Every trust company shall, in addition to the records referred to in sections 13 and 14, keep the following records in respect of a trust for which it is trustee:

  • (a) a copy of the trust deed;

  • (b) a record of the settlor’s name and address and

    • (i) if the settlor is a person, their date of birth and the nature of their principal business or their occupation, as applicable, and

    • (ii) if the settlor is an entity, the nature of their principal business; and

  • (c) where the trust is an institutional trust and the settlor is a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the settlor in respect of the trust.

• (2) In this section, “institutional trust” means a trust that is established by a corporation, partnership or other entity for a particular business purpose and includes pension plan trusts, pension master trusts, supplemental pension plan trusts, mutual fund trusts, pooled fund trusts, registered retirement savings plan trusts, registered retirement income fund trusts, registered education savings plan trusts, group registered retirement savings plan trusts, deferred profit sharing plan trusts, employee profit sharing plan trusts, retirement compensation arrangement trusts, employee savings plan trusts, health and welfare trusts, unemployment benefit plan trusts, foreign insurance company trusts, foreign reinsurance trusts, reinsurance trusts, real estate investment trusts, environmental trusts and trusts established in respect of endowments, foundations and registered charities.

• 15.1 (1) For the purposes of subsections 9.4(1) and (3) of the Act, the prescribed foreign entity is a foreign financial institution.

• (2) Every financial entity shall, when it enters into a correspondent banking relationship, keep a record in respect of the foreign financial institution containing the following information and documents:

  • (a) the name and address of the foreign financial institution;

  • (b) the names of the directors of the foreign financial institution;

  • (c) the primary business line of the foreign financial institution;

  • (d) a copy of the most recent annual report or audited financial statement of the foreign financial institution;

  • (e) a copy of the foreign financial institution’s banking licence, banking charter, authorization or certification to operate from the relevant regulatory agency or certificate of corporate status or a copy of another similar document;

  • (f) a copy of the correspondent banking agreement or arrangement, or product agreements, defining the respective responsibilities of each entity;

  • (g) the anticipated correspondent banking account activity of the foreign financial institution, including the products or services to be used;

  • (h) a statement from the foreign financial institution that it does not have, directly or indirectly, correspondent banking relationships with shell banks;

  • (i) a statement from the foreign financial institution that it is in compliance with anti-money laundering and anti-terrorist financing legislation in its own jurisdiction; and

  • (j) the measures taken to ascertain whether there are any civil or criminal penalties that have been imposed on the foreign financial institution in respect of anti-money laundering or anti-terrorist financing requirements and the results of those measures.

• (3) The financial entity shall take reasonable measures to ascertain whether the foreign financial institution has in place anti-money laundering and anti-terrorist financing policies and procedures, including procedures for approval for the opening of new accounts and, if not, shall, for the purpose of detecting any transactions that are required to be reported to the Centre under section 7 of the Act, take reasonable measures to conduct ongoing monitoring of all transactions conducted in the context of the correspondent banking relationship.

• (4) For greater certainty, section 14 does not apply in respect of an account opened for a foreign financial institution in the context of a correspondent banking relationship.

Life Insurance Companies and Life Insurance Brokers or Agents

16 Part 1 of the Act applies to life insurance brokers or agents.

17 Subject to section 20.2 and subsection 52(1), every life insurance company or life insurance broker or agent who receives from a client an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information referred to in Schedule 1, except

• (a) if the amount is received from a financial entity or a public body; or

• (b) in respect of transactions referred to in any of paragraphs 62(2)(c) to (f).

18 Subject to section 20.2 and subsection 52(2), every life insurance company or life insurance broker or agent shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transaction, unless

• (a) the cash is received from a financial entity or a public body; or

• (b) the transaction is a transaction referred to in any of paragraphs 62(2)(c) to (f).

• 19 (1) Subject to section 20.2 and subsection 62(2), every life insurance company or life insurance broker or agent shall keep a client information record for every purchase from the company, broker or agent of an immediate or deferred annuity or a life insurance policy for which the client may pay $10,000 or more over the duration of the annuity or policy, regardless of the means of payment.

• (2) Subject to section 20.2 and subsection 62(2), in the case of a life insurance policy that is a group life insurance policy or in the case of a group annuity, the client information record shall be kept in respect of the applicant for the policy or annuity.

20 Subject to section 20.2, every life insurance company or life insurance broker or agent who keeps a client information record in respect of a corporation under subsection 19(1) shall also keep a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the life insurance company or life insurance broker or agent, if the copy of that part is obtained in the normal course of business.

20.1 Subject to section 20.2 and subsection 62(2), every life insurance company or life insurance broker or agent shall keep a record of the following information when a transaction is reviewed under subsection 67.2(1) or (2):

• (a) the office or position and the organization or institution in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons;

• (b) the date of the determination;

• (c) the source, if known, of the funds used for the transaction;

• (d) the name of the member of senior management who reviewed the transaction; and

• (e) the date of that review.

20.2 Sections 17 to 20.1 do not apply to a life insurance company or a life insurance broker or agent when they are dealing in reinsurance.

Securities Dealers

21 Subject to subsection 52(1), every securities dealer who receives from a client an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the amount is received from a financial entity or a public body.

22 Subject to subsection 52(2), every securities dealer shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transaction, unless the cash is received from a financial entity or a public body.

23 Subject to subsection 62(2), every securities dealer shall keep the following records:

• (a) in respect of every account that the securities dealer opens, a signature card of every person who is authorized to give instructions in respect of the account or an account operating agreement or account application that contains that person’s signature;

• (a.1) in respect of every account that the securities dealer opens, a record that sets out the intended use of the account;

• (b) where the securities dealer opens an account in respect of a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of that account;

• (c) where the securities dealer opens an account in the name of a person or of an entity other than a corporation, a record of the name and address of the client and

  • (i) if the client is a person, their date of birth and the nature of their principal business or their occupation, as applicable, and

  • (ii) if the client is an entity other than a corporation, the nature of their principal business;

• (d) every new account application, confirmation of purchase or sale, guarantee, trade authorization, power of attorney and joint account agreement, and all correspondence that pertains to the operation of accounts, that the securities dealer creates in the normal course of business;

• (e) a copy of every statement that the securities dealer sends to a client, if the information in the statement is not readily obtainable from other records that the securities dealer keeps and retains under these Regulations; and

• (f) if the securities dealer obtains the approval referred to in subsection 67.1(1) or (2) to keep the account open, a record of

  • (i) the office or position and the organization or institution in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons,

  • (ii) the date of the determination,

  • (iii) the source, if known, of the funds that are or are expected to be deposited in the account,

  • (iv) the name of the member of senior management who gave the approval, and

  • (v) the date of that approval.

24 [Repealed, SOR/2007-122, s. 34]

25 [Repealed, SOR/2007-122, s. 34]

26 [Repealed, SOR/2007-122, s. 34]

Money Services Businesses

27 [Repealed, SOR/2007-122, s. 35]

• 28 (1) Subject to subsection 52(1), every money services business shall report the following transactions and information to the Centre:

  • (a) the receipt from a client of an amount in cash of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 1, unless the cash is received from a financial entity or a public body;

  • (b) the sending out of Canada, at the request of a client, of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 2 or 5, as the case may be; and

  • (c) the receipt from outside Canada of an electronic funds transfer, sent at the request of a client, of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 3 or 6, as the case may be.

• (2) For greater certainty, paragraph (1)(b) does not apply when the money services business sends an electronic funds transfer to a person or an entity in Canada, even if the final recipient is outside Canada.

• (3) Paragraph (1)(b) applies in respect of a money services business that orders a person or entity, to which subsection (1), 12(1) or 40(1) applies, to send out of Canada an electronic funds transfer made at the request of a client, unless it provides that person or entity with the name and address of that client.

• (4) Subject to subsection (5), for greater certainty, paragraph (1)(c) does not apply when the money services business receives an electronic funds transfer from a person or entity in Canada, even if the initial sender is outside Canada.

• (5) Paragraph (1)(c) applies in respect of a money services business that receives an electronic funds transfer for a beneficiary in Canada from a person or entity to which subsection (1), 12(1) or 40(1) applies where the initial sender is outside Canada, unless the electronic funds transfer contains the name and address of that beneficiary.

29 Subject to subsection 52(2), every money services business shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that is received from a client in the course of a single transaction, unless the cash is received from a financial entity or a public body.

30 Every money services business shall keep the following records in respect of any of the activities referred to in paragraph 5(h) of the Act:

• (a) [Repealed, SOR/2016-153, s. 28]

• (a.1) every internal memorandum that it receives or creates in the normal course of business and that concerns services provided to its clients;

• (b) where a client information record is created in respect of a client that is a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the money services business, if the copy of that part is obtained in the normal course of business;

• (c) where it receives an amount of $3,000 or more from a person or from an entity other than a financial entity in consideration of the issuance of traveller’s cheques, money orders or other similar negotiable instruments, a record of the amount received, the date it was received, the name, address and date of birth of the person who in fact gave the amount and whether the amount received was in cash, cheques, traveller’s cheques, money orders or other similar negotiable instruments;

• (d) where money orders of $3,000 or more are cashed, a record of the name, address and date of birth of the person cashing the money orders and the name of the issuer of the money orders;

• (e) where an amount of $1,000 or more is remitted or transmitted, a record of

  • (i) if the client is a person, their name, address, date of birth and telephone number and the nature of their principal business or their occupation, as applicable,

  • (ii) if the client is an entity, the name, address, date of birth and telephone number of the person who, on behalf of the entity, requested that the transaction be initiated and the nature of that person’s principal business or their occupation, as applicable,

  • (iii) the reference number and date of the transaction,

  • (iv) the name of the beneficiary of the transaction, and

  • (v) the amount and currency of the transaction; and

• (f) a transaction ticket in respect of every foreign currency exchange transaction.

31 Every money services business shall keep a record of the following information when a transaction is reviewed under any of subsections 67.2(1) to (4):

• (a) the office or position and the organization or institution in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons;

• (b) the date of the determination;

• (c) the source, if known, of the funds used for the transaction;

• (d) the name of the member of senior management who reviewed the transaction; and

• (e) the date of that review.

32 Every money services business that enters into an ongoing electronic funds transfer, funds remittance or foreign exchange service agreement with an entity, or a service agreement for the issuance or redemption of money orders, traveller’s cheques or other negotiable instruments, shall keep a record of the name, address, date of birth and occupation of every person who has signed the agreement on behalf of the entity, a client information record with respect to the entity and a list containing the name, address and date of birth of every employee authorized to order transactions under the agreement.

British Columbia Notaries Public and Notary Corporations

• 33 (1) Subject to subsection (2), every British Columbia notary public and every British Columbia notary corporation is subject to Part 1 of the Act when they engage in any of the following activities on behalf of any person or entity, including the giving of instructions on behalf of any person or entity in respect of those activities:

  • (a) receiving or paying funds, other than those received or paid in respect of professional fees, disbursements, expenses or bail;

  • (b) purchasing or selling securities, real estate or business assets or entities; or

  • (c) transferring funds or securities by any means.

• (2) Subsection (1) does not apply in respect of a British Columbia notary public when they engage in any of the activities referred to in that subsection on behalf of their employer.

33.1 Subject to subsection 52(1), every British Columbia notary public and every British Columbia notary corporation that, when engaging in an activity described in section 33, receives an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the cash is received from a financial entity or a public body.

• 33.2 (1) Subject to subsections (3) and 62(2), every British Columbia notary public and every British Columbia notary corporation shall, when engaging in an activity described in section 33, keep the following records:

  • (a) a receipt of funds record in respect of every amount of $3,000 or more that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body; and

  • (b) where the receipt of funds record is in respect of a client that is a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the British Columbia notary public or British Columbia notary corporation.

• (2) Subject to subsection 52(2), every British Columbia notary public and every British Columbia notary corporation shall, when engaging in an activity described in section 33, keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transaction, unless the cash is received from a financial entity or a public body.

• (3) Subsection (1) does not apply in respect of a transaction if a large cash transaction record is required by subsection (2) to be kept in respect of that same transaction.

Legal Counsel and Legal Firms

• 33.3 (1) Subject to subsection (2), every legal counsel and every legal firm is subject to Part 1 of the Act when they engage in any of the following activities on behalf of any person or entity:

  • (a) receiving or paying funds, other than those received or paid in respect of professional fees, disbursements, expenses or bail; or

  • (b) giving instructions in respect of any activity referred to in paragraph (a).

• (2) Subsection (1) does not apply in respect of legal counsel when they engage in any of the activities referred to in that subsection on behalf of their employer.

33.4 Subject to subsection 62(2), every legal counsel and every legal firm shall, when engaging in an activity described in section 33.3, keep the following records:

• (a) a receipt of funds record in respect of every amount of $3,000 or more that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body; and

• (b) where the receipt of funds record is in respect of a client that is a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the legal counsel or legal firm.

33.5 A legal counsel or legal firm that, in connection with a transaction, receives funds from the trust account of a legal firm or from the trust account of a legal counsel who is not acting on behalf of their employer,

• (a) must keep and retain a record of that fact; and

• (b) is not required to include in the receipt of funds record that is kept in respect of those funds

  • (i) the number and type of any account that is affected by the transaction, or

  • (ii) the full name of the person or entity that is the holder of that account.

Accountants and Accounting Firms

• 34 (1) Subject to subsections (2) and (3), every accountant and every accounting firm is subject to Part 1 of the Act when they

  • (a) engage in any of the following activities on behalf of any person or entity, namely,

    • (i) receiving or paying funds,

    • (ii) purchasing or selling securities, real properties or business assets or entities, or

    • (iii) transferring funds or securities by any means; or

  • (b) give instructions on behalf of any person or entity in respect of any activity referred to in paragraph (a).

  • (c) [Repealed, SOR/2007-122, s. 39]

• (2) Subsection (1) does not apply in respect of an accountant when they engage in any of the activities referred to in paragraph (1)(a) or (b) on behalf of their employer.

• (3) For greater certainty, subsection (1) does not apply in respect of audit, review or compilation engagements, carried out in accordance with the recommendations set out in the CICA Handbook.

35 Subject to subsection 52(1), every accountant and every accounting firm that, while engaging in an activity described in section 34, receives an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the cash is received from a financial entity or a public body.

• 36 (1) Subject to subsection 62(2), every accountant and every accounting firm shall, when engaging in an activity described in section 34, keep the following records:

  • (a) a receipt of funds record in respect of every amount of $3,000 or more that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body; and

  • (b) where the receipt of funds record is in respect of a client that is a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the accountant or accounting firm.

• (2) Subject to subsection 52(2), every accountant and every accounting firm shall, when engaging in an activity described in section 34, keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transaction, unless the cash is received from a financial entity or a public body.

• (3) Subsection (1) does not apply in respect of a transaction if a large cash transaction record is also required by subsection (2) to be kept in respect of that same transaction.

Real Estate Brokers or Sales Representatives

37 Every real estate broker or sales representative is subject to Part 1 of the Act when they act as an agent in respect of the purchase or sale of real estate.

38 Subject to subsection 52(1), every real estate broker or sales representative who, while engaging in an activity described in section 37, receives an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the amount is received from a financial entity or a public body.

• 39 (1) Subject to subsections (3), (4), (5), (6), 52(2) and 62(2), every real estate broker or sales representative shall, when engaging in an activity described in section 37, keep the following records:

  • (a) a receipt of funds record in respect of every amount that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body;

  • (b) a client information record in respect of every purchase or sale of real estate; and

  • (c) where the receipt of funds record or the client information record is in respect of a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the real estate broker or sales representative.

• (2) Subject to subsection 52(2), every real estate broker or sales representative shall, when engaging in an activity described in section 37, keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transaction, unless the cash is received from a financial entity or a public body.

• (3) Paragraphs (1)(a) and (c) do not apply in respect of a transaction if a large cash transaction record is also required by subsection (2) to be kept in respect of that same transaction.

• (4) Where two or more of the parties to a real estate transaction are represented by a real estate broker or sales representative and one of those brokers or sales representatives receives funds in respect of the transaction from a party to the transaction whom they do not represent but who is represented by another of those real estate brokers or sales representatives, the broker or sales representative that represents the party from whom the funds are received is the one that is responsible for keeping the receipt of funds record referred to in paragraph (1)(a) and, if applicable, for keeping the copy referred to in paragraph (1)(c).

• (5) A real estate broker or sales representative that is responsible for keeping a receipt of funds record under subsection (4) is not required to include in that record any of the following information if, after taking reasonable measures to do so, they are unable to obtain that information:

  • (a) the number and type of any account that is affected by the transaction; and

  • (b) the full name of the person or entity that is the holder of that account.

• (6) A real estate broker or sales representative that is responsible for keeping a receipt of funds record under subsection (4) and that determines that one or more of the accounts affected by the transaction is a trust account held by another real estate broker or sales representative must include that information in that record but is not required to include

  • (a) the number of that trust account or those trust accounts; or

  • (b) the full name of the person or entity that is the holder of that trust account or those trust accounts.

Dealers in Precious Metals and Stones

39.1 Every dealer in precious metals and stones that engages in the purchase or sale of precious metals, precious stones or jewellery in an amount of $10,000 or more in a single transaction, other than such a purchase or sale that is carried out in the course of, in connection with or for the purpose of manufacturing jewellery, extracting precious metals or precious stones from a mine or cutting or polishing precious stones, is subject to Part 1 of the Act.

39.2 Subject to subsection 52(1), every dealer in precious metals and stones that is subject to Part 1 of the Act and that receives an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the cash is received from a financial entity or a public body.

39.3 Subject to subsection 52(2), every dealer in precious metals and stones that is subject to Part 1 of the Act shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transaction, unless the cash is received from a financial entity or a public body.

• 39.4 (1) For greater certainty, a transaction referred to in sections 39.2 and 39.3 includes the sale of precious metals, precious stones or jewellery that are left on consignment with a dealer in precious metals and stones.

• (2) For the purpose of subsection (1), goods left with an auctioneer for sale at auction are not considered to be left with the auctioneer on consignment.

Real Estate Developers

• 39.5 (1) Every real estate developer is subject to Part 1 of the Act when

  • (a) in the case of a person or of an entity other than a corporation, they sell to the public a new house, a new condominium unit, a new commercial or industrial building or a new multi-unit residential building; and

  • (b) in the case of an entity that is a corporation, they sell to the public a new house, a new condominium unit, a new commercial or industrial building or a new multi-unit residential building on their own behalf or on behalf of a subsidiary or affiliate.

• (2) [Repealed, SOR/2016-153, s. 30]

39.6 Subject to subsection 52(1), every real estate developer who, when engaging in an activity described in section 39.5, receives an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the cash is received from a financial entity or a public body.

• 39.7 (1) Subject to subsections (3), 52(2) and 62(2), every real estate developer shall, when engaging in an activity described in section 39.5, keep the following records:

  • (a) a receipt of funds record in respect of every amount that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body;

  • (b) a client information record in respect of every sale of a house, a condominium unit, a commercial or industrial building or a multi-unit residential building; and

  • (c) where the receipt of funds record or the client information record is in respect of a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the real estate developer.

• (2) Subject to subsection 52(2), every real estate developer shall, when engaging in an activity described in section 39.5, keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transaction, unless the cash is received from a financial entity or a public body.

• (3) Paragraphs (1)(a) and (c) do not apply in respect of a transaction if a large cash transaction record is also required by subsection (2) to be kept in respect of that same transaction.

Casinos

• 40 (1) Subject to subsection 52(1), every casino shall report the following transactions and information to the Centre:

  • (a) the receipt from a client of an amount in cash of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 1, unless the cash is received from a financial entity or a public body;

  • (b) the sending out of Canada, at the request of a client, of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 5; and

  • (c) the receipt from outside Canada of an electronic funds transfer, sent at the request of a client, of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 6.

• (2) Subject to subsection (3), for greater certainty, paragraph (1)(b) does not apply when the casino sends an electronic funds transfer to a person or entity in Canada, even if the final recipient is outside Canada.

• (3) Paragraph (1)(b) applies in respect of a casino that orders a person or entity, to which subsection (1), 12(1) or 28(1) applies, to send out of Canada an electronic funds transfer made at the request of a client, unless it provides that person or entity with the name and address of that client.

• (4) Subject to subsection (5), for greater certainty, paragraph (1)(c) does not apply when the casino receives an electronic funds transfer from a person or entity in Canada, even if the initial sender is outside Canada.

• (5) Paragraph (1)(c) applies in respect of a casino that receives an electronic funds transfer for a beneficiary in Canada from a person or entity to which subsection (1), 12(1) or 28(1) applies where the initial sender is outside Canada, unless the electronic funds transfer contains the name and address of that beneficiary.

• 41 (1) Subject to subsection 52(2), every casino shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that it receives in the course of a single transaction, unless the amount is received from a financial entity or a public body.

• (2) For greater certainty, the transactions in respect of which a casino is required to keep large cash transaction records in accordance with subsection (1) include the following transactions involving an amount in cash of $10,000 or more:

  • (a) the sale of chips, tokens or plaques;

  • (b) front cash deposits;

  • (c) safekeeping deposits;

  • (d) the repayment of any form of credit, including repayment by markers or counter cheques;

  • (e) bets of currency; and

  • (f) sales of the casino’s cheques.

• 42 (1) Every casino shall report to the Centre the disbursement of $10,000 or more in the course of any of the following transactions, together with the information set out in Schedule 8:

  • (a) the redemption of chips, tokens or plaques;

  • (b) front cash withdrawals;

  • (c) safekeeping withdrawals;

  • (d) advances on any form of credit, including advances by markers or counter cheques;

  • (e) payments on bets, including slot jackpots;

  • (f) payments to a client of funds received for credit to that client or any other client;

  • (g) the cashing of cheques or other negotiable instruments; and

  • (h) reimbursements to clients of travel and entertainment expenses.

• (2) For the purpose of subsection (1), two or more disbursements of less than $10,000 each that are made within 24 consecutive hours and that together total $10,000 or more are considered to be a single transaction of $10,000 or more if an employee or a senior officer of the casino knows that the disbursements are received by, or on behalf of, the same person or entity.

• (3) For the purpose of subsection (1), the requirement to report information set out in Schedule 8 does not apply in respect of information set out in an item of that Schedule that is not marked with an asterisk if, after taking reasonable measures to do so, the casino is unable to obtain the information.

• (4) Despite subsection (3), for the application of subsection (2), a casino is not required to report information set out in an item of Schedule 8 that is marked with an asterisk if, after taking reasonable measures to do so, the casino is unable to obtain the information.

42.1 If a registered charity, as defined in subsection 248(1) of the Income Tax Act, conducts and manages, in a permanent establishment of a casino, a lottery scheme that includes games of roulette or card games for a period of not more than two consecutive days at a time and, in doing so, acts under the supervision of the government of a province that is referred to in paragraph 5(k) of the Act, or of an organization that is referred to in paragraph 5(k.2) of the Act, that conducts and manages such a lottery scheme in the same establishment, the lottery scheme that is conducted and managed by the registered charity is considered to be conducted and managed by the supervising government or organization.

43 Subject to subsection 62(2), every casino shall keep the following records:

• (a) with respect to every client account that it opens,

  • (i) a signature card in respect of each account holder,

  • (ii) every account operating agreement that is received or created in the normal course of business,

  • (iii) a deposit slip in respect of every deposit that is made to the account, and

  • (iv) every debit and credit memo that is received or created in the normal course of business;

• (b) where it opens a client account in respect of a corporation, a copy of the part of the official corporate records that contains any provision relating to the power to bind the corporation in respect of the account;

• (c) where it opens a client account in the name of a person or of an entity other than a corporation, a record of the name and address of the client and

  • (i) if the client is a person, their date of birth and the nature of their principal business or their occupation, as applicable, and

  • (ii) if the client is an entity other than a corporation, the nature of their principal business;

• (d) with respect to every extension of credit to a client of $3,000 or more, an extension of credit record that indicates

  • (i) the client’s name and address and

    • (A) if the client is a person, their date of birth and the nature of their principal business or their occupation, as applicable, and

    • (B) if the client is an entity, the nature of their principal business,

  • (ii) the terms and conditions of the extension of credit, and

  • (iii) the date and amount of the extension of credit;

• (e) with respect to every foreign currency exchange transaction, a transaction ticket;

• (f) where an amount of $1,000 or more is remitted or transmitted, a record of

  • (i) if the client is a person, their name, address, date of birth and telephone number and the nature of their principal business or their occupation, as applicable,

  • (ii) if the client is an entity, the name, address, date of birth and telephone number of the person who, on behalf of the entity, requested that the transaction be initiated and the nature of that person’s principal business or their occupation, as applicable,

  • (iii) the relevant account number if any, and the reference number, if any, of the transaction and the date of the transaction,

  • (iv) the name and, if applicable, the account number of the beneficiary of the transaction, and

  • (v) the amount and currency of the transaction; and

• (g) a copy of every report made to the Centre under subsection 42(1).

• 44 (1) Every casino that is required to report a disbursement under subsection 42(1) shall take reasonable measures to determine whether the person who in fact receives the disbursement is acting on behalf of a third party.

• (2) Where the casino determines that the person who receives the disbursement is acting on behalf of a third party, the casino shall keep a record that sets out

  • (a) if the third party is a person, their name, address and date of birth and the nature of their principal business or their occupation, as applicable;

  • (b) if the third party is an entity, the name and address of the entity and the nature of its principal business and, if the entity is a corporation, the entity’s incorporation number and the place where it was issued; and

  • (c) the nature of the relationship between the third party and the person who receives the disbursement.

• (3) Where the casino is not able to determine whether the person who receives the disbursement is acting on behalf of a third party, but there are reasonable grounds to suspect that they are doing so, the casino shall keep a record that

  • (a) indicates whether, according to the person, the disbursement is being received on behalf of a third party; and

  • (b) describes the grounds for suspecting that the person is acting on behalf of a third party.

Departments and Agents or Mandataries of Her Majesty in Right of Canada or of a Province

Acceptance of Deposit Liabilities

45 Every department and agent or mandatary of Her Majesty in right of Canada or of a province is subject to Part 1 of the Act when they accept deposit liabilities in the course of providing financial services to the public.

Sale or Redemption of Money Orders

46 Every department and agent or mandatary of Her Majesty in right of Canada or of a province is subject to Part 1 of the Act when they sell or redeem money orders in the course of providing financial services to the public.

47 Subject to subsection 52(1), every department and agent or mandatary of Her Majesty in right of Canada or of a province that, while engaging in an activity referred to in section 46, receives from a client an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the amount is received from a financial entity or a public body.

48 Subject to subsection 52(2), every department and agent or mandatary of Her Majesty in right of Canada or of a province, while engaging in an activity referred to in section 46, shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive from a client in the course of a single transaction, unless the amount is received from a financial entity or a public body.

49 Subject to subsection 62(2), every department and agent or mandatary of Her Majesty in right of Canada or of a province that engages in an activity referred to in section 46 shall keep the following records in respect of that activity:

• (a) every client information record that is created for the purpose of an ongoing business relationship between the department or agent or mandatary and a client;

• (b) if the client information record is in respect of a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the department or agent or mandatary;

• (c) if the department or agent or mandatary receives $3,000 or more in consideration of the issuance of money orders or other similar negotiable instruments, a record of the date, the amount received, the name, address and date of birth of the person who in fact gives the amount and whether the amount is in cash, cheques, traveller’s cheques, money orders or other similar negotiable instruments; and

• (d) where money orders of $3,000 or more are cashed, a record of the name, address and date of birth of the person cashing the money orders and the name of the issuer of the money orders.

Exceptions

• 50 (1) A financial entity is not required to report transactions under paragraph 12(1)(a) in respect of a business of a client, if the following conditions are met:

  • (a) subject to subsection (2), the client is a corporation that carries on that business as an establishment described in sector 22, 44 (excluding codes 4411, 4412 and 44831) or 45 (excluding code 45392), or code 481, 482, 485 (excluding code 4853), 51322, 51331, 61121 or 61131 of the North American Industry Classification System as that sector or code read on January 31, 2003;

  • (b) the client has had

    • (i) for the entire preceding 24-month period, an account in respect of that business with that financial entity, or

    • (ii) an account in respect of that business with a financial entity other than the one referred to in subparagraph (i), for a continuous period of 24 months ending immediately before the client opened an account with that financial entity;

  • (c) the financial entity has records that indicate that the client has deposited $10,000 or more in cash into that account on an average of at least twice in every week for the preceding 12 months;

  • (d) the cash deposits made by the client are consistent with its usual practice in respect of the business;

  • (e) the financial entity has taken reasonable measures to determine the source of the cash for those deposits; and

  • (f) subject to subsection 52(1), the financial entity has provided to the Centre the information set out in Schedule 4.

• (2) Paragraph (1)(a) does not apply to a corporation that carries on a business related to pawnbroking or a corporation whose principal business is the sale of vehicles, vessels, farm machinery, aircraft, mobile homes, jewellery, precious gems or metals, antiquities or art.

• (3) A financial entity that, in accordance with subsection (1), chooses not to report transactions of more than $10,000 shall report to the Centre any change in the following information, within 15 days after the change is made:

  • (a) the name and address of the client;

  • (b) the nature of the client’s business; and

  • (c) the client’s incorporation number.

• (4) A financial entity that, in accordance with subsection (1), chooses not to report transactions of more than $10,000 shall, at least once every 12 months,

  • (a) verify that the conditions referred to in subsection (1) are still met in respect of each client; and

  • (b) send a report to the Centre setting out the name and address of each client, together with the name of a senior officer of the financial entity who has confirmed that the conditions referred to in subsection (1) are still being met in respect of each client.

51 Where a person or entity maintains a list of clients for the purposes of subsection 9(3) of the Act, the list must contain the name and address of each client and be kept in paper form or in a form referred to in section 68.

• 52 (1) The requirement to report information set out in Schedules 1 to 6 does not apply to a person or entity in respect of information set out in an item of any of those Schedules that is not marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.

• (2) The requirement that a person or entity keep or retain a record or include information in it does not apply if the information that must be found in the record is readily obtainable from other records that the person or entity is required to keep or retain under these Regulations.

• (3) Despite subsection (1), for the application of subsection 3(1), the requirement to report information set out in Schedules 1 to 3, 5 and 6 does not apply to a person or entity in respect of information set out in an item of any of those Schedules that is marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.

• (4) For greater certainty, Schedules 2 and 3 apply only to SWIFT members sending or receiving SWIFT messages.

Reporting of Financial Transactions and Record Keeping

52.1 Every person or entity that enters into a business relationship under these Regulations shall keep a record that sets out the purpose and intended nature of the business relationship.

Ascertaining Identity

Persons or Entities Required to Keep Large Cash Transaction Records

53 Subject to subsection 63(1), every person or entity that is required to keep and retain a large cash transaction record under these Regulations shall ascertain, in accordance with subsection 64(1), the identity of every person with whom the person or entity conducts a transaction in respect of which that record must be kept, other than a deposit made to a business account or a deposit made by means of an automated banking machine.

Suspicious Transactions

• 53.1 (1) Except if the identity has been previously ascertained as required by these Regulations, every person or entity that is subject to these Regulations shall take reasonable measures to ascertain, in accordance with subsection 64(1), the identity of every person with whom the person or entity conducts or attempts to conduct a transaction that is required to be reported to the Centre under section 7 of the Act.

• (2) Subsection (1) does not apply if the person or entity believes that complying with that subsection would inform the person that the transaction and the related information is being reported under section 7 of the Act.

53.2 For the purposes of section 9.2 of the Act, the prescribed circumstances are the circumstances in which a financial entity, a securities dealer or a casino is required to ascertain the identity of a person or confirm the existence of an entity in connection with the opening of a new account in accordance with section 64, 65 or 66, as applicable.

Financial Entities

54 Subject to sections 62 and 63, every financial entity shall

• (a) in accordance with subsection 64(1), ascertain the identity of every person for whom a signature card is created in respect of an account, other than a credit card account, that the financial entity opens, except in the case of a business account for which signature cards are created for more than three persons, if the financial entity has ascertained the identity of at least three of those persons;

• (b) in accordance with subsection 64(1), ascertain the identity of every person who conducts one of the following transactions, unless they hold an account, or are authorized to give instructions in respect of an account held, with the financial entity:

  • (i) a transaction whereby the financial entity issues or redeems money orders, traveller’s cheques or other similar negotiable instruments in an amount of $3,000 or more,

  • (ii) an electronic funds transfer, as prescribed by subsection 66.1(2), in an amount of $1,000 or more that is sent at the person’s request or on their behalf, or

  • (iii) a foreign currency exchange transaction of $3,000 or more;

• (c) [Repealed, SOR/2007-122, s. 54]

• (d) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation for which the financial entity opens an account and the names of the corporation’s directors; and

• (e) in accordance with section 66, confirm the existence of every entity, other than a corporation, for which the financial entity opens an account.

54.1 Subject to subsections 62(1) and (2) and section 63, every financial entity shall

• (a) if the financial entity opens a credit card account in the name of a person, ascertain their identity in accordance with subsection 64(1);

• (b) where the financial entity opens a credit card account in the name of a corporation, confirm the existence of and ascertain the name and address of the corporation and the names of its directors in accordance with section 65; and

• (c) where the financial entity opens a credit card account in the name of an entity other than a corporation, confirm the existence of the entity in accordance with section 66.

• 54.2 (1) Subject to section 62 and subsection 63(5), a financial entity shall

  • (a) in accordance with subsection 67.1(3), take reasonable measures to determine whether a person for whom it opens an account is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization, a family member of one of those persons or a person who is closely associated with a politically exposed foreign person;

  • (b) in accordance with subsection 67.2(5), take reasonable measures to determine whether a person who requests that an electronic funds transfer of $100,000 or more be initiated or on whose behalf the request is made is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons; and

  • (c) in accordance with subsection 67.2(5), take reasonable measures to determine whether a person who is a beneficiary of an electronic funds transfer of $100,000 or more is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons.

• (2) Subject to section 62 and subsection 63(5), a financial entity shall take reasonable measures on a periodic basis to determine whether an account holder is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization, a family member of one of those persons or a person who is closely associated with a politically exposed foreign person.

• (3) Subject to section 62 and subsection 63(5), if a financial entity or any of its employees or officers detects a fact that constitutes reasonable grounds to suspect that an account holder is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons, the financial entity shall, in accordance with subsection 67.1(3), take reasonable measures to determine whether the account holder is such a person.

• 54.3 (1) A financial entity that is required to ascertain a person’s identity or confirm an entity’s existence shall

  • (a) conduct ongoing monitoring of its business relationship with that person or entity; and

  • (b) keep a record of the measures taken and the information obtained under paragraph (a).

• (2) This section does not apply in respect of a group plan account held within a dividend reinvestment plan or a distribution reinvestment plan, including a plan that permits purchases of additional shares or units by the member with contributions other than the dividends or distributions paid by the sponsor of the plan, if the sponsor of the plan is an entity whose shares or units are traded on a Canadian stock exchange, and that operates in a country that is a member of the Financial Action Task Force.

54.4 If, as a result of its ongoing monitoring of a business relationship with a person or entity under paragraph 54.3(1)(a), the financial entity considers that there is a high risk of a money laundering offence or terrorist activity financing offence, it shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

55 Subject to sections 62 and 63, every trust company shall, in addition to complying with section 54,

• (a) in accordance with subsection 64(1), ascertain the identity of every person who is the settlor of an inter vivos trust in respect of which the company is required to keep records under section 15;

• (b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation that is the settlor of an institutional trust in respect of which the company is required to keep records in accordance with section 15;

• (c) in accordance with section 66, confirm the existence of every entity, other than a corporation, that is the settlor of an institutional trust in respect of which the company is required to keep records in accordance with section 15;

• (d) where an entity is authorized to act as a co-trustee of any trust

  • (i) confirm the existence of the entity and ascertain its name and address in accordance with section 65 or confirm the existence of the entity in accordance with section 66, as the case may be, and

  • (ii) in accordance with subsection 64(1), ascertain the identity of all persons — up to three — who are authorized to give instructions with respect to the entity’s activities as co-trustee; and

• (e) in accordance with subsection 64(1), ascertain the identity of each person who is authorized to act as co-trustee of any trust.

Correspondent Banking Relationships

55.1 Every financial entity that enters into a correspondent banking relationship shall

• (a) ascertain the name and address of the foreign financial institution by examining a copy of the foreign financial institution’s banking licence, banking charter, authorization or certification to operate from the relevant regulatory agency or certificate of corporate status or a copy of another similar document; and

• (b) take reasonable measures to ascertain, based on publicly available information, whether there are any civil or criminal penalties that have been imposed on the foreign financial institution in respect of anti-money laundering or anti-terrorist financing requirements and, if so, to conduct, for the purpose of detecting any transactions that are required to be reported under section 7 of the Act, ongoing monitoring of all transactions in the context of the correspondent banking relationship.

55.2 In respect of correspondent banking relationships, where the customer of the foreign financial institution has direct access to the services provided under the correspondent banking relationship, the financial entity shall take reasonable measures to ascertain whether

• (a) the foreign financial institution has, in respect of those of its customers that have direct access to the accounts of the financial entity, met requirements that are consistent with the requirements of sections 54 and 64; and

• (b) the foreign financial institution has agreed to provide relevant customer identification data upon request to the financial entity.

Life Insurance Companies and Life Insurance Brokers or Agents

• 56 (1) Subject to subsection (2), section 56.2 and subsections 62(2) and (3) and 63(1), every life insurance company or life insurance broker or agent shall ascertain, in accordance with subsection 64(1), the identity of every person who conducts, on the person’s own behalf or on behalf of a third party, a transaction with that life insurance company or life insurance broker or agent for which a client information record is required to be kept under section 19.

• (2) A life insurance company or life insurance broker or agent is not required to ascertain the identity of a person where there are reasonable grounds to believe that the person’s identity has been ascertained in accordance with subsection 64(1) by another life insurance company or life insurance broker or agent in respect of the same transaction or of a transaction that is part of a series of transactions that includes the original transaction.

• (3) Subject to subsections 62(2) and 63(2) and (4), every life insurance company or life insurance broker or agent shall, in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation in respect of which they are required to keep a client information record and the names of the corporation’s directors.

• (4) Subject to subsections 62(2) and 63(3), every life insurance company or life insurance broker or agent shall, in accordance with section 66, confirm the existence of every entity, other than a corporation, in respect of which they are required to keep a client information record.

56.1 Subject to section 56.2 and subsections 62(2) and 63(5), a life insurance company or life insurance broker or agent shall, in accordance with subsection 67.2(5), take reasonable measures to determine whether a person who makes a lump-sum payment of $100,000 or more in respect of an immediate or deferred annuity or life insurance policy on their own behalf or on behalf of a third party is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons.

56.2 Sections 56, 56.1, 56.3 and 56.4 do not apply to a life insurance company or a life insurance broker or agent when they are dealing in reinsurance.

56.3 A life insurance company or life insurance broker or agent that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

56.4 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 56.3(a), the life insurance company or life insurance broker or agent considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Securities Dealers

• 57 (1) Subject to section 62 and subsection 63(1), every securities dealer shall ascertain, in accordance with subsection 64(1), the identity of every person who is authorized to give instructions in respect of an account for which a record must be kept by the securities dealer under section 23.

• (2) [Repealed, SOR/2007-122, s. 54]

• (3) Subject to section 62 and subsections 63(2) and (4), every securities dealer shall, in accordance with section 65, confirm the existence of every corporation for which they open an account and ascertain its name and address and the names of its directors.

• (4) Subject to section 62 and subsection 63(3), every securities dealer shall, in accordance with section 66, confirm the existence of every entity, other than a corporation, for which they open an account.

• (5) [Repealed, SOR/2007-122, s. 54]

• 57.1 (1) Subject to section 62 and subsection 63(5), a securities dealer shall, in accordance with subsection 67.1(3), take reasonable measures to determine whether a person for whom they open an account is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization, a family member of one of those persons or a person who is closely associated with a politically exposed foreign person.

• (2) Subject to section 62 and subsection 63(5), a securities dealer shall take reasonable measures on a periodic basis to determine whether an account holder is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization, a family member of one of those persons or a person who is closely associated with a politically exposed foreign person.

• (3) Subject to section 62 and subsection 63(5), if a securities dealer or any of their employees or officers detects a fact that constitutes reasonable grounds to suspect that an account holder is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons, the securities dealer shall, in accordance with subsection 67.1(3), take reasonable measures to determine whether the account holder is such a person.

57.2 A securities dealer that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

57.3 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 57.2(a), the securities dealer considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

58 [Repealed, SOR/2007-122, s. 56]

Money Services Businesses

• 59 (1) Subject to subsection 63(1), every money services business shall, in accordance with subsection 64(1), ascertain the identity of every person who conducts any of the following transactions:

  • (a) the issuance or redemption of money orders, traveller’s cheques or other similar negotiable instruments in an amount of $3,000 or more;

  • (b) the remittance or transmission of $1,000 or more by any means through any person or entity; or

  • (c) a foreign currency exchange transaction of $3,000 or more.

• (2) Subject to subsections (6) and 63(2) and (4), every money services business shall, in accordance with section 65, confirm the existence of every corporation in respect of which they are required to keep a client information record and ascertain the name and address of the corporation and the names of the corporation’s directors.

• (3) Subject to subsections (6) and 63(3), every money services business shall, in accordance with section 66, confirm the existence of every entity, other than a corporation, in respect of which they are required to keep a client information record .

• (4) Subsection (1) does not apply when a person referred to in section 32 conducts a transaction on behalf of their employer under an agreement referred to in that section.

• (5) Subject to subsection 63(5), a money services business shall, in accordance with subsection 67.2(5), take reasonable measures to determine whether

  • (a) a person who requests that an electronic funds transfer of $100,000 or more be initiated or on whose behalf the request is made is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons; or

  • (b) a person who is a beneficiary of an electronic funds transfer of $100,000 or more is a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons.

• (6) Subsections (2) and (3) do not apply in respect of an entity referred to in paragraph 62(2)(m) or (n) with which the money service business has entered into a service agreement referred to in section 32.

59.01 A money services business that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

59.02 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 59.01(a), the money services business considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Accountants and Accounting Firms

59.1 Subject to subsection 62(2) and section 63, every accountant and every accounting firm shall, in respect of a transaction for which a record is required to be kept under subsection 36(1),

• (a) in accordance with subsection 64(1), ascertain the identity of every person who conducts the transaction;

• (b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation on whose behalf the transaction is conducted and the names of its directors; and

• (c) in accordance with section 66, confirm the existence of every entity, other than a corporation, on whose behalf the transaction is conducted.

59.11 An accountant or accounting firm that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

59.12 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 59.11(a), the accountant or accounting firm considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Real Estate Brokers or Sales Representatives

• 59.2 (1) Subject to subsection 62(2) and section 63, every real estate broker or sales representative shall, in respect of a transaction for which a record is required to be kept under subsection 39(1),

  • (a) in accordance with subsection 64(1), ascertain the identity of every person who conducts the transaction;

  • (b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation on whose behalf the transaction is conducted and the names of its directors; and

  • (c) in accordance with section 66, confirm the existence of every entity, other than a corporation, on whose behalf the transaction is conducted .

• (2) Where the persons or entities that are parties to a real estate transaction are each represented by a different real estate broker or sales representative, the real estate broker or sales representative that represents one party is not required to ascertain the identity or the name and address of any other party or confirm their existence.

• (3) Where one or more but not all of the parties to a real estate transaction are represented by a real estate broker or sales representative, each real estate broker or sales representative that represents a party to the transaction shall take reasonable measures to ascertain the identity or confirm the existence of the parties that are not so represented.

• (4) [Repealed, SOR/2016-153, s. 54]

59.21 A real estate broker or sales representative that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

59.22 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 59.21(a), the real estate broker or sales representative considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

British Columbia Notaries Public and Notary Corporations

59.3 Subject to subsection 62(2) and section 63, every British Columbia notary public and every British Columbia notary corporation shall, in respect of a transaction for which a record is required to be kept under subsection 33.2(1),

• (a) in accordance with subsection 64(1), ascertain the identity of every person who conducts the transaction;

• (b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation on whose behalf the transaction is conducted and the names of the corporation’s directors; and

• (c) in accordance with section 66, confirm the existence of every entity, other than a corporation, on whose behalf the transaction is conducted.

59.31 A British Columbia notary public or British Columbia notary corporation that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

59.32 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 59.31(a), the British Columbia notary public or British Columbia notary corporation considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Legal Counsel and Legal Firms

• 59.4 (1) Subject to subsections (2) and 62(2) and section 63, every legal counsel and every legal firm shall, in respect of a transaction for which a record is required to be kept under section 33.4,

  • (a) in accordance with subsection 64(1), ascertain the identity of every person who conducts the transaction;

  • (b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation on whose behalf the transaction is conducted and the names of the corporation’s directors; and

  • (c) in accordance with section 66, confirm the existence of every entity, other than a corporation, on whose behalf the transaction is conducted.

• (2) Subsection (1) does not apply in respect of a transaction for which funds are received by a legal counsel or legal firm from the trust account of a legal firm or from the trust account of a legal counsel who is not acting on behalf of their employer.

59.41 Any legal counsel or legal firm that is required to ascertain the identity of any person or confirm the existence of any entity in accordance with section 59.4 shall

• (a) conduct ongoing monitoring of its business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

59.42 If, as a result of its ongoing monitoring of a business relationship under paragraph 59.41(a), the legal counsel or legal firm considers that the risk of a money laundering offence or terrorist activity financing offence is high, it shall treat that person or entity as high risk for the purpose of subsection 9.6(3) of the Act and apply the prescribed special measures in accordance with section 71.1 of these Regulations.

Real Estate Developers

59.5 Subject to subsection 62(2) and section 63, every real estate developer shall, in respect of a transaction for which a record is required to be kept under section 39.7,

• (a) in accordance with subsection 64(1), ascertain the identity of every person who conducts the transaction;

• (b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation on whose behalf the transaction is conducted and the names of the corporation’s directors; and

• (c) in accordance with section 66, confirm the existence of every entity, other than a corporation, on whose behalf the transaction is conducted.

59.51 A real estate developer that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

59.52 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 59.51(a), the real estate developer considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Casinos

60 Subject to subsections 62(1) and (2) and section 63, every casino shall

• (a) in accordance with subsection 64(1), ascertain the identity of every person for whom a signature card is created in respect of an account that the casino opens, except in the case of a business account for which signature cards are created for more than three persons, if the casino has ascertained the identity of at least three of those persons;

• (b) in accordance with subsection 64(1), ascertain the identity of every person who

  • (i) receives an amount from the casino for which a record is required to be kept under paragraph 43(g),

  • (ii) conducts a transaction of $3,000 or more with the casino for which an extension of credit record is required to be kept under paragraph 43(d),

  • (iii) conducts a foreign currency exchange transaction of $3,000 or more with the casino for which a transaction ticket is required to be kept under paragraph 43(e), or

  • (iv) requests that an amount of $1,000 or more be remitted or transmitted;

• (c) and (d) [Repealed, SOR/2007-122, s. 58]

• (e) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation for which the casino opens an account and the names of the corporation’s directors; and

• (f) in accordance with section 66, confirm the existence of every entity, other than a corporation, for which the casino opens an account.

60.1 A casino that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

60.2 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 60.1(a), the casino considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Departments or Agents or Mandataries of Her Majesty in Right of Canada or of a Province that Sell or Redeem Money Orders

61 Subject to subsection 62(2) and section 63, a department or agent or mandatary of Her Majesty in right of Canada or of a province that engages in an activity referred to in section 46 shall

• (a) in accordance with subsection 64(1), ascertain the identity of every person in respect of whom a client information record is required to be kept under paragraph 49(a);

• (b) in accordance with subsection 64(1), ascertain the identity of every person in respect of whom they are not required to keep a client information record and who conducts a transaction that involves an amount of $3,000 or more for the issuance or redemption of money orders or other similar negotiable instruments;

• (c) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation in respect of which a client information record is required to be kept under paragraph 49(a) and the names of the corporation’s directors; and

• (d) in accordance with section 66, confirm the existence of every entity, other than a corporation, in respect of which a client information record is required to be kept under paragraph 49(a).

61.1 A department or agent or mandatary of Her Majesty in right of Canada or of a province that engages in an activity referred to in section 46 and that is required to ascertain a person’s identity or confirm an entity’s existence shall

• (a) conduct ongoing monitoring of their business relationship with that person or entity; and

• (b) keep a record of the measures taken and the information obtained under paragraph (a).

61.2 If, as a result of their ongoing monitoring of a business relationship with a person or entity under paragraph 61.1(a), the department or agent or mandatary of Her Majesty in right of Canada or of a province that engages in an activity referred to in section 46 considers that there is a high risk of a money laundering offence or terrorist activity financing offence, they shall treat the activities in respect of that person or entity as high risk for the purposes of subsection 9.6(3) of the Act and take the prescribed special measures referred to in section 71.1 of these Regulations.

Exceptions to Record-keeping and Ascertaining Identity

• 62 (1) Paragraphs 54(a) and (b), 54.1(a), 54.2(1)(a) and 55(a) and (e), subsections 57(1) and 57.1(1) and paragraphs 60(a) and (b) do not apply in respect of

  • (a) the opening of a business account in respect of which the financial entity, the securities dealer or the casino, as the case may be, has already ascertained the identity of at least three persons who are authorized to give instructions in respect of the account;

  • (b) the opening of an account for the sale of mutual funds where there are reasonable grounds to believe that identity has been ascertained in accordance with subsection 64(1) by a securities dealer in respect of

    • (i) the sale of the mutual funds for which the account has been opened, or

    • (ii) a transaction that is part of a series of transactions that includes that sale;

  • (c) a person who already has an account with the financial entity, the securities dealer or the casino, as the case may be; or

  • (d) the opening of an account by an entity for the deposit by a life insurance company affiliated with that entity of a death benefit under a life insurance policy or annuity where

    • (i) the account is opened in the name of a beneficiary that is a person,

    • (ii) only that death benefit may be deposited in the account, and

    • (iii) the policy or annuity contract, as applicable, under which the claim was made for the death benefit has been in existence for a period of at least two years before the day on which the claim for the death benefit was made.

• (2) Sections 14, 14.1, 19, 20.1 and 23, subsection 33.2(1), section 33.4, subsections 36(1), 39(1) and 39.7(1), sections 43, 49, 54, 54.1, 54.2, 55, 56, 56.1, 57, 57.1 and 59.1, subsection 59.2(1) and sections 59.3, 59.4, 59.5, 60 and 61 do not apply in respect of

  • (a) the purchase of an exempt policy as defined in subsection 306(1) of the Income Tax Regulations;

  • (b) the purchase of a group life insurance policy that does not provide for a cash surrender value or a savings component;

  • (c) the purchase of an immediate or deferred annuity that is paid for entirely with funds that are directly transferred from a registered pension plan or from a pension plan that is required to be registered under the Pension Benefits Standards Act, 1985, or similar provincial legislation;

  • (d) the purchase of a registered annuity policy or a registered retirement income fund;

  • (e) the purchase of an immediate or deferred annuity that is paid for entirely with the proceeds of a group life insurance policy;

  • (f) a transaction that is part of a reverse mortgage or of a structured settlement;

  • (g) the opening of an account for the deposit and sale of shares from a corporate demutualization or the privatization of a Crown corporation;

  • (h) the opening of an account in the name of an affiliate of a financial entity, if that affiliate carries out activities that are similar to those of persons and entities referred to in paragraphs 5(a) to (g) of the Act;

  • (i) the opening of a registered plan account, including a locked-in retirement plan account, a registered retirement savings plan account and a group registered retirement savings plan account;

  • (j) the opening of an account established pursuant to the escrow requirements of a Canadian securities regulator or Canadian stock exchange or any provincial legislation;

  • (k) the opening of an account where the account holder or settlor is a pension fund that is regulated by or under an Act of Parliament or of the legislature of a province;

  • (l) the opening of an account in the name of, or in respect of which instructions are authorized to be given by, a financial entity, a securities dealer or a life insurance company or by an investment fund that is regulated under provincial securities legislation;

  • (m) instances where the entity in respect of which a record is otherwise required to be kept is a public body, or a corporation that has minimum net assets of $75 million on its last audited balance sheet and whose shares are traded on a Canadian stock exchange or a stock exchange designated under subsection 262(1) of the Income Tax Act, and operates in a country that is a member of the Financial Action Task Force;

  • (n) instances where the entity in respect of which a record is otherwise required to be kept is a subsidiary of a public body or a corporation referred to in paragraph (m) and the financial statements of the entity are consolidated with the financial statements of that public body or corporation; or

  • (o) the opening of an account that is opened solely in the course of providing customer accounting services to a securities dealer.

• (3) In respect of a group plan account, other than one referred to in subsection (2), a financial entity, securities dealer, life insurance company or life insurance broker or agent is not required to ascertain the identity of, or keep a signature card in respect of, any individual member of the group plan or to determine whether they are a politically exposed foreign person, a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons if

  • (a) the member’s contributions are made by the sponsor of the plan or by means of payroll deductions; and

  • (b) the existence of the plan sponsor has been confirmed in accordance with section 65 or 66.

• (4) [Repealed, SOR/2016-153, s. 68]

• (5) Subsections (1) to (3) do not apply if the person or entity is required to take reasonable measures to ascertain the identity of a person in accordance with section 53.1.

• 63 (1) If a person or entity ascertains a person’s identity in accordance with subsection 64(1) and complies with section 64.2 — or if, before the coming into force of this subsection, they ascertained a person’s identity in accordance with subsection 64(1) or (1.1) and complied with section 67, as they read at the time the identity was ascertained — they are not required to ascertain the person’s identity again unless they have doubts about the information that was used for that purpose.

• (1.1) [Repealed, SOR/2016-153, s. 69]

• (2) If a person or entity confirms a corporation’s existence and ascertains its name and address and the names of its directors in accordance with section 65, they are not required to confirm its existence or ascertain that information again unless they have doubts about the information that was used for that purpose.

• (3) If a person or entity confirms the existence of an entity other than a corporation in accordance with section 66, they are not required to confirm its existence again unless they have doubts about the information that was used for that purpose.

• (4) Despite paragraphs 54(d) and 54.1(b), subsections 56(3), 57(3) and 59(2) and paragraphs 59.1(b), 59.2(1)(b), 60(e) and 61(c), the names of a corporation’s directors do not need to be ascertained if the corporation is a securities dealer.

• (5) If a person or entity determines that a person is a politically exposed foreign person or a family member of such a person — or if, before the coming into force of this subsection, they determined that a person is a politically exposed foreign person, as defined in subsection 9.3(3) of the Act as it read at the time the determination was made — they are not required to make the determination again.

Measures for Ascertaining Identity

• 64 (1) In the cases referred to in sections 53, 53.1 and 54, paragraph 54.1(a) and sections 55, 56, 57, 59, 59.1, 59.2, 59.3, 59.4, 59.5, 60 and 61, a person’s identity is to be ascertained

  • (a) by referring to an identification document that contains their name and photograph and that is issued by the federal government or a provincial government or by a foreign government that is not a municipal government, and by verifying that the name and photograph are those of the person;

  • (b) by referring to information concerning them that the person or entity that is ascertaining their identity receives, on request, from a federal or provincial government body — or an agent or mandatary of such a body — that is authorized in Canada to ascertain the identity of persons, and by verifying that either the name and address or the name and date of birth included in the information are those of the person;

  • (c) by referring to information that is in their credit file — if that file is located in Canada and has been in existence for at least three years — and by verifying that the name, address and date of birth in the credit file are those of the person;

  • (d) by doing any two of the following:

    • (i) referring to information from a reliable source that includes their name and address, and verifying that the name and address are those of the person,

    • (ii) referring to information from a reliable source that includes their name and date of birth, and verifying that the name and date of birth are those of the person, or

    • (iii) referring to information that includes their name and confirms that they have a deposit account or a credit card or other loan account with a financial entity, and verifying that information; or

  • (e) by confirming that one of the following entities previously ascertained their identity in accordance with any of paragraphs (a) to (d), and by verifying that the name, address and date of birth in the entity’s record are those of the person:

    • (i) an entity that is referred to in any of paragraphs 5(a) to (g) of the Act and that is affiliated with the entity that is ascertaining the person’s identity,

    • (ii) an entity that carries on activities outside Canada similar to the activities of a person or entity referred to in any of paragraphs 5(a) to (g) of the Act and that is affiliated with the entity that is ascertaining the person’s identity, or

    • (iii) a financial entity that is subject to the Act and that is a member of the same financial services cooperative or credit union central as the entity that is ascertaining the person’s identity.

• (1.1) The identity of a person who is under 12 years of age shall be ascertained for the purposes of subsection (1) by ascertaining the identity of one of their parents or their guardian or tutor.

• (1.2) The identity of a person who is at least 12 years of age but not more than 15 years of age may be ascertained by referring under subparagraph (1)(d)(i) to information that includes the name and address of one of the person’s parents or their guardian or tutor and by verifying that the address is that of the person.

• (1.21) [Repealed, SOR/2016-153, s. 70]

• (1.3) For the purposes of subparagraphs (1)(d)(i) to (iii), the information that is referred to must be from different sources, and neither the person whose identity is being ascertained nor the person or entity that is ascertaining their identity can be a source.

• (1.4) If a document is used to ascertain identity under subsection (1), it must be authentic, valid and current. Other information that is used for that purpose must be valid and current.

• (1.5) In the case of a retail deposit account referred to in subsection 448.1(1) of the Bank Act, if a person or entity cannot ascertain a person’s identity in the manner set out in one of paragraphs (1)(a) to (e), they are deemed to comply with subsection (1) if the person who requests that the account be opened meets the conditions set out in subsection 4(1) or (2) of the Access to Basic Banking Services Regulations.

• (2) The identity shall be ascertained

  • (a) in the cases referred to in paragraph 54(a) and subsection 57(1), before the first transaction, other than an initial deposit, is carried out on an account;

  • (b) in the cases referred to in section 53, paragraph 54(b), subsection 59(1) and paragraphs 59.3(a), 59.4(1)(a), 59.5(a), 60(b) and 61(b), at the time of the transaction;

  • (b.1) in the case referred to in section 53.1, before the transaction is reported as required under section 7 of the Act;

  • (b.2) in the case referred to in paragraph 54.1(a), before any credit card is activated;

  • (c) in the cases referred to in paragraphs 55(a), (d) and (e), within 15 days after the trust company becomes the trustee;

  • (d) in the cases referred to in subsection 56(1) and paragraph 61(a), within 30 days after the client information record is created;

  • (e) in the cases referred to in paragraphs 59.1(a) and 59.2(1)(a), at the time of the transaction;

  • (e.1) in the case referred to in paragraph 60(a), before any funds are disbursed; and

  • (f) in the case referred to in subsection 62(3), at the time a contribution in respect of an individual member of the group plan is made to the plan, if

    • (i) the member’s contribution is not made as described in paragraph 62(3)(a), or

    • (ii) the existence of the plan sponsor has not been confirmed in accordance with section 65 or 66.

• (3) [Repealed, SOR/2016-153, s. 70]

• 64.1 (1) A person or entity that is required to take measures to ascertain a person’s identity under subsection 64(1) may rely on an agent or mandatary to take those measures.

• (2) The person or entity may rely on measures that were previously taken by an agent or mandatary to ascertain the person’s identity if the agent or mandatary was, at the time they took the measures,

  • (a) acting in their own capacity, whether or not they were required to take the measures under these Regulations; or

  • (b) acting as an agent or mandatary under a written agreement or arrangement — entered into with another person or entity that is required to take measures to ascertain a person’s identity — for the purposes of ascertaining identity under subsection 64(1).

• (3) In order to rely on measures taken by an agent or mandatary under subsection (1) or (2), the person or entity shall

  • (a) have entered into a written agreement or arrangement with the agent or mandatary for the purposes of ascertaining a person’s identity under subsection 64(1);

  • (b) obtain from the agent or mandatary all of the information that the agent or mandatary referred to in order to ascertain the person’s identity and the information that the agent or mandatary verified as being that of the person; and

  • (c) be satisfied that the information is valid and current and that the agent or mandatary ascertained the person’s identity in the manner described in one of paragraphs 64(1)(a) to (d).

64.2 Every person or entity that is required under these Regulations to ascertain a person’s identity in connection with a record that the person or entity has created and is required to keep under these Regulations — or in connection with a transaction that they have carried out and in respect of which they are required to keep a record under these Regulations or under section 12.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations — shall set out in, or include with, that record the person’s name and the following information:

• (a) if the person or entity ascertained the person’s identity in accordance with paragraph 64(1)(a), the date on which they did so, the type of document referred to, its number, the jurisdiction and country of issue of the document and, if applicable, its expiry date;

• (b) if the person or entity ascertained the person’s identity in accordance with paragraph 64(1)(b), the date on which they did so, the source of the information, the type of information referred to and a number associated with the information;

• (c) if the person or entity ascertained the person’s identity in accordance with paragraph 64(1)(c), the date on which they did so, the source of the information and the number of the person’s credit file;

• (d) if the person or entity ascertained the person’s identity in accordance with paragraph 64(1)(d), the date on which they did so, the source of the information, the type of information referred to and the account number included in it — or if there is no account number included in it, a number associated with the information;

• (e) if the entity ascertained the person’s identity in accordance with paragraph 64(1)(e), the date on which it did so, the name of the entity that had previously ascertained that person’s identity, the manner in which it had previously ascertained the person’s identity under one of paragraphs 64(1)(a) to (d) and the applicable information referred to in one of paragraphs (a) to (d) of this section that is associated with that manner of ascertaining identity;

• (f) if the entity ascertained the person’s identity in accordance with paragraph 64(1)(e) and the other entity had previously ascertained the person’s identity before the coming into force of this section, the date on which the entity ascertained the person’s identity in accordance with paragraph 64(1)(e), the name of the other entity, the manner in which the other entity had previously ascertained the person’s identity under subsection 64(1) or (1.1), as it read at the time the other entity ascertained the person’s identity, and the applicable information referred to in one of paragraphs 67(a) to (k), as it read at the time the other entity ascertained the person’s identity; or

• (g) if, under subsection 64(1.5), the person or entity is deemed to have complied with subsection 64(1), the reasons why the person’s identity could not be ascertained in the manner set out in one of paragraphs 64(1)(a) to (e) and the date on which the conditions set out in subsection 4(1) or (2) of the Access to Basic Banking Services Regulations were met.

• 65 (1) The existence of a corporation shall be confirmed and its name and address and the names of its directors shall be ascertained as of the time referred to in subsection (2), by referring to its certificate of corporate status, a record that it is required to file annually under the applicable provincial securities legislation or any other record that ascertains its existence as a corporation. The record may be in paper form or in an electronic version that is obtained from a source that is accessible to the public.

• (2) The information referred to in subsection (1) shall be ascertained,

  • (a) in the cases referred to in paragraphs 54(d) and 60(e), before the first transaction, other than the initial deposit, is carried out on the account;

  • (a.1) in the case referred to in paragraph 54.1(b), before any credit card is issued on the account;

  • (b) in the cases referred to in paragraphs 55(b) and (d), within 15 days after the trust company becomes the trustee;

  • (c) in the cases referred to in subsections 56(3) and 59(2) and paragraph 61(c), within 30 days after the client information record is created;

  • (d) in the case referred to in subsection 57(3), within 30 days after the opening of the account; and

  • (e) in the cases referred to in paragraphs 59.1(b), 59.2(1)(b), 59.3(b), 59.4(1)(b) and 59.5(b), within 30 days after the transaction.

• (3) Where the information has been ascertained by referring to an electronic version of a record, the person or entity required to ascertain the information shall keep a record that sets out the corporation’s registration number, the type of record referred to and the source of the electronic version of the record.

• (4) Where the information has been ascertained by referring to a paper copy of a record, the person or entity required to ascertain the information shall retain the record or a copy of it.

• 66 (1) The existence of an entity, other than a corporation, shall be confirmed as of the time referred to in subsection (2), by referring to a partnership agreement, articles of association or other similar record that ascertains its existence. The record may be in paper form or in an electronic version that is obtained from a source that is accessible to the public.

• (2) The existence of the entity shall be confirmed

  • (a) in the cases referred to in paragraphs 54(e) and 60(f), before the first transaction, other than the initial deposit, is carried out on the account;

  • (a.1) in the case referred to in paragraph 54.1(c), before any credit card is issued on the account;

  • (b) in the cases referred to in paragraphs 55(c) and (d), within 15 days after the trust company becomes the trustee;

  • (c) in the cases referred to in subsections 56(4) and 59(3) and paragraph 61(d), within 30 days after the client information record is created;

  • (d) in the case referred to in subsection 57(4), within 30 days after the account is opened; and

  • (e) in the cases referred to in paragraphs 59.1(c), 59.2(1)(c), 59.3(c), 59.4(1)(c) and 59.5(c), within 30 days after the transaction.

• (3) Where the existence of the entity has been confirmed by referring to an electronic version of a record, the person or entity required to confirm that information shall keep a record that sets out the registration number of the entity whose existence is being confirmed, the type of record referred to and the source of the electronic version of the record.

• (4) Where the existence of the entity has been confirmed by referring to a paper copy of a record, the person or entity required to confirm that information shall retain the record or a copy of it.

• 66.1 (1) The prescribed persons or entities for the purpose of section 9.5 of the Act are every financial entity, money services business and casino that is required to keep a record under these Regulations in respect of an electronic funds transfer referred to in subsection (2).

• (2) Subject to subsection (3), the prescribed electronic funds transfers to which section 9.5 of the Act applies are those as defined in subsection 1(2), but including transfers within Canada that are SWIFT MT 103 messages.

• (3) For greater certainty, subsection (2) does not apply in respect of

  • (a) a transfer carried out using a credit or debit card, if the recipient has an agreement with the payment service provider permitting payment by such means for the provision of goods and services;

  • (b) a transfer where the recipient withdraws cash from their account;

  • (c) a transfer carried out by means of a direct deposit or a pre-authorized debit ; or

  • (d) a transfer carried out using cheque imaging and presentment.

67 [Repealed, SOR/2016-153, s. 74]

Due Diligence Measures with Respect to Persons Referred to in Subsection 9.3(1) of the Act

• 67.1 (1) A financial entity or securities dealer that determines under paragraph 54.2(1)(a), subsection 54.2(2) or (3) or section 57.1 that a person is a politically exposed foreign person or a family member of, or person who is closely associated with, such a person shall

  • (a) take reasonable measures to establish the source of the funds that have been, will be or are expected to be deposited in the account in question;

  • (b) obtain the approval of senior management to keep the account open; and

  • (c) conduct enhanced ongoing monitoring of the activities in respect of the account for the purpose of detecting transactions that are required to be reported to the Centre under section 7 of the Act.

• (2) A financial entity or securities dealer shall also take the measures referred to in paragraphs (1)(a) to (c) if

  • (a) they determine under paragraph 54.2(1)(a), subsection 54.2(2) or (3) or section 57.1 that a person is a politically exposed domestic person, a head of an international organization or a family member of one of those persons or they determine under subsection 54.2(3) or 57.1(3) that a person is closely associated with a politically exposed domestic person or a head of an international organization; and

  • (b) they consider, based on an assessment of the risk referred to in subsection 9.6(2) of the Act, that there is a high risk of a money laundering offence or terrorist activity financing offence.

• (3) A financial entity or securities dealer shall take the reasonable measures referred to in paragraph 54.2(1)(a) and subsections 54.2(3) and 57.1(1) and (3) — and, if applicable, shall take the measures referred to in paragraphs (1)(a) and (b) — within 30 days after the day on which the account is opened or the day on which the fact that constitutes the reasonable grounds to suspect is detected, as the case may be.

• 67.2 (1) A financial entity, life insurance company, life insurance broker or agent or money services business that determines under paragraph 54.2(1)(b), section 56.1 or paragraph 59(5)(a) that a person is a politically exposed foreign person or a family member of, or person who is closely associated with, such a person shall

  • (a) take reasonable measures to establish the source of the funds that have been used for the transaction; and

  • (b) ensure that a member of senior management reviews the transaction.

• (2) A financial entity, life insurance company, life insurance broker or agent or money services business shall also take the measures referred to in paragraphs (1)(a) and (b) if they determine under paragraph 54.2(1)(b), section 56.1 or paragraph 59(5)(a) that a person is a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons and they consider, based on an assessment of the risk referred to in subsection 9.6(2) of the Act, that there is a high risk of a money laundering offence or terrorist activity financing offence.

• (3) A financial entity or money services business that determines under paragraph 54.2(1)(c) or 59(5)(b) that a person is a politically exposed foreign person or a family member of, or person who is closely associated with, such a person shall ensure that a member of senior management reviews the transaction.

• (4) A financial entity or money services business shall also take the measure referred to in subsection (3) if they determine under paragraph 54.2(1)(c) or 59(5)(b) that a person is a politically exposed domestic person, a head of an international organization or a family member of, or person who is closely associated with, one of those persons and they consider, based on an assessment of the risk referred to in subsection 9.6(2) of the Act, that there is a high risk of a money laundering offence or terrorist activity financing offence.

• (5) A financial entity, life insurance company, life insurance broker or agent or money services business shall take the reasonable measures referred to in paragraphs 54.2(1)(b) and (c), section 56.1 and paragraphs 59(5)(a) and (b) — and, if applicable, shall take the measures referred to in paragraphs (1)(a) and (b) or that referred to in subsection (3), as the case may be — within 30 days after the day on which the transaction occurs.

Reasonable Measures

67.3 If the reasonable measures taken by a person or entity under paragraph 9.5(b) of the Act or under subsection 8(1), 9(1) or 10(1), paragraph 11.1(4)(a) or 14.1(d), subsection 15.1(3), 39(5), 42(3) or (4) or 44(1), paragraph 50(1)(e), subsection 52(1) or (3) or 53.1(1), any of paragraphs 54.2(1)(a) to (c), subsection 54.2(2) or (3), paragraph 55.1(b), section 55.2, 56.1 or 57.1, paragraph 59(5)(a) or (b), subsection 59.2(3), paragraph 67.1(1)(a), subsection 67.1(2), paragraph 67.2(1)(a) or subsection 67.2(2) are unsuccessful, the person or entity shall keep a record that sets out the measures taken, the date on which each measure was taken, and the reasons why the measures were unsuccessful.

Retention of Records

68 If a record is required to be kept under these Regulations, the record or a copy of it may be kept in a machine-readable or electronic form if a paper copy can be readily produced from it.

• 69 (1) Subject to subsection (2), every person or entity that is required to obtain, keep or create records under these Regulations shall retain those records for a period of at least five years following

  • (a) in respect of signature cards, account operating agreements, account application forms, credit card applications and records setting out the intended use of the account, the day on which the account to which they relate is closed;

  • (a.1) in respect of records that are required to be kept under paragraph 14(i) or (n), 14.1(g) or 23(f), the day on which the account to which they relate is closed;

  • (b) in respect of client information records, certificates of corporate status, records that are required to be filed annually under the applicable provincial securities legislation or other similar records that ascertain the existence of a corporation, and records that ascertain the existence of an entity, other than a corporation, including partnership agreements and articles of association, the day on which the last business transaction is conducted;

  • (b.1) in respect of records that are required to be kept under section 11.1, paragraph 14(o), subsection 15.1(2) or section 20.1 or 31, lists that are required to be kept under section 32 and records, other than client information records, that are required to be kept under that section, the day on which the last business transaction is conducted; and

  • (c) in respect of all other records, the day on which they were created.

• (2) Where records that an individual keeps under these Regulations are the property of the individual’s employer or a person or entity with which the individual is in a contractual relationship, the individual is not required to retain the records after the end of the individual’s employment or contractual relationship.

70 Every record that is required to be kept under these Regulations shall be retained in such a way that it can be provided to an authorized person within 30 days after a request is made to examine it under section 62 of the Act.

Compliance

• 71 (1) For the purpose of subsection 9.6(1) of the Act, a person or entity referred to in that subsection shall, as applicable, implement the compliance program referred to in that subsection by

  • (a) appointing a person — who, where the compliance program is being implemented by a person, may be that person — who is to be responsible for the implementation of the program;

  • (b) developing and applying written compliance policies and procedures that are kept up to date and, in the case of an entity, are approved by a senior officer;

  • (c) assessing and documenting, in a manner that is appropriate for the person or entity, the risk referred to in subsection 9.6(2) of the Act, taking into consideration

    • (i) the person’s or entity’s clients and business relationships,

    • (ii) the person’s or entity’s products and delivery channels,

    • (iii) the geographic location of the person’s or entity’s activities,

    • (iii.1) any new developments in respect of, or the impact of new technologies on, the person’s or entity’s clients, business relationships, products or delivery channels or the geographic location of their activities,

    • (iii.2) in the case of an entity that is referred to in any of paragraphs 5(a) to (g) of the Act, any risk resulting from the activities of an entity that is affiliated with it and that is referred to in any of those paragraphs or from the activities of a foreign entity that is affiliated with it and that carries out activities that are similar to those of entities referred to in any of those paragraphs, and

    • (iv) any other relevant factor;

  • (d) if the person or entity has employees, agents or mandataries or other persons authorized to act on their behalf, developing and maintaining a written, ongoing compliance training program for those employees, agents or mandataries or other persons; and

  • (e) instituting and documenting a review of the policies and procedures, the risk assessment and the training program for the purpose of testing their effectiveness, which review is required to be carried out every two years by an internal or external auditor of the person or entity, or by the person or entity if they do not have such an auditor.

• (2) For the purposes of the compliance program referred to in subsection 9.6(1) of the Act, every entity referred to in that subsection shall report the following in written form to a senior officer within 30 days after the assessment:

  • (a) the findings of the review referred to in paragraph (1)(e);

  • (b) any updates made to the policies and procedures within the reporting period; and

  • (c) the status of the implementation of the updates to those policies and procedures.

71.1 The prescribed special measures that are required to be taken by a person or entity referred to in subsection 9.6(1) of the Act for the purpose of subsection 9.6(3) of the Act are the development and application of written policies and procedures for

• (a) taking enhanced measures based on the risk assessment undertaken in accordance with subsection 9.6(2) of the Act to ascertain the identity of any person or confirm the existence of any entity in addition to the measures required in sections 54, 54.1, 55, 56, 57, 59 and 59.1, subsection 59.2(1), section 59.3, subsection 59.4(1) and sections 59.5, 60 and 61; and

• (b) taking any other enhanced measure to mitigate the risks identified in accordance with subsection 9.6(3) of the Act, including,

  • (i) keeping client identification information and the information referred to in section 11.1 up to date, and

  • (ii) in addition to the measures required in sections 54.3, 56.3, 57.2, 59.01, 59.11, 59.21, 59.31, 59.41, 59.51, 60.1 and 61.1, conducting ongoing monitoring of business relationships for the purpose of detecting transactions that are required to be reported to the Centre under section 7 of the Act.

• (c) [Repealed, SOR/2013-15, s. 18]

Amendments to These Regulations

72 to 76 [Amendments]

Repeal

77 [Repeal]

Coming into Force

• 78 (1) Subject to subsection (2), these Regulations come into force on June 12, 2002.

• (2) The following provisions come into force on the dates indicated:

  • (a) paragraph 12(1)(a), sections 17, 21, 24, 28, 32, 35, 38, 40, 47, 50 and 51 and Schedules 1 and 4 on January 31, 2003.

  • (b) sections 72 to 76 and Schedules 5 and 6 on March 31, 2003.