Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations

64 (1) In the cases referred to in sections 53, 53.1, 54, 55, 56, 57, 59, 59.1, 59.2, 59.3, 59.4, 59.5, 60 and 61, the identity of a person shall be ascertained, at the time referred to in subsection (2) and in accordance with subsection (3),

• (a) by referring to the person’s birth certificate, driver’s licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or other similar document; or

• (b) if the person is not physically present when the account is opened, the credit card application is submitted, the trust is established, the client information record is created or the transaction is conducted,

  • (i) by obtaining the person’s name, address and date of birth and

    • (A) confirming that one of the following entities has identified the person in accordance with paragraph (a), namely,

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

      • (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 ascertaining the identity of the person, or

      • (III) an entity that is subject to the Act and is a member of the same association as the entity ascertaining the identity of the person, and

    • (B) verifying that the name, address and date of birth in the record kept by that affiliated entity or that entity that is a member of the same association corresponds to the information provided in accordance with these Regulations by the person, or

  • (ii) subject to subsection (1.3), by using one of the following combinations of the identification methods set out in Part A of Schedule 7, namely,

    • (A) methods 1 and 3,

    • (B) methods 1 and 4,

    • (C) methods 1 and 5,

    • (D) methods 2 and 3,

    • (E) methods 2 and 4,

    • (F) methods 2 and 5,

    • (G) methods 3 and 4, or

    • (H) methods 3 and 5.

(1.1) In the case referred to in paragraph 54.1(a), the identity of a person shall be ascertained by a person or entity, at the time referred to in subsection (2) and in accordance with subsection (3),

• (a) by referring to the person’s birth certificate, driver’s licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or other similar document; or

• (b) where the person is not physically present when the credit card application is submitted,

  • (i) by obtaining the person’s name, address and date of birth and

    • (A) confirming that one of the following entities has identified the person in accordance with paragraph (a), namely,

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

      • (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 ascertaining the identity of the person, or

      • (III) an entity that is subject to the Act and is a member of the same association as the entity ascertaining the identity of the person, and

    • (B) verifying that the name, address and date of birth in the record kept by that affiliated entity or that entity that is a member of the same association corresponds to the information provided in accordance with these Regulations by the person,

  • (ii) subject to subsection (1.3), by using a combination of any two identification methods referred to in either Part A or Part B of Schedule 7, or

  • (iii) subject to subsection (1.3), where the person has no credit history in Canada and the credit limit on the card is not more than $1,500, by using a combination of any two identification methods referred to in any of Parts A, B and C of Schedule 7.

(1.2) For the purposes of paragraphs (1)(b)(i) and (1.1)(b)(i), an entity is affiliated with another entity if one of them is wholly-owned by the other or both are wholly-owned by the same entity.

(1.21) For the purposes of subparagraphs (1)(b)(i) and (1.1)(b)(i),

• (a) a financial services cooperative and each of its members that is a financial entity are considered to be members of the same association; and

• (b) a credit union central and each of its members that is a financial entity are considered to be members of the same association.

(1.3) A combination of methods referred to in subparagraph (1)(b)(ii) or (1.1)(b)(ii) or (iii) shall not be relied on by a person or entity to ascertain the identity of a person unless

• (a) the information obtained in respect of that person from each of the two applicable identification methods is determined by the person or entity to be consistent; and

• (b) the information referred to in paragraph (a) is determined by the person or entity to be consistent with the information in respect of that person, if any, that is contained in a record kept by the person or entity under these Regulations.

(2) The identity shall be ascertained

• (a) in the cases referred to in paragraph 54(1)(a), subsection 57(1) and paragraph 60(a), before any transaction other than an initial deposit is carried out on an account;

• (b) in the cases referred to in section 53, paragraph 54(1)(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; 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) Unless otherwise specified in these Regulations, only original documents that are valid and have not expired may be referred to for the purpose of ascertaining identity in accordance with paragraph (1)(a) or (1.1)(a).