Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations
Version of the schedule from 2007-12-13 to 2008-12-29:
The following schedule is not in force.
SCHEDULE(Sections 2, 3 and 4)
PART 1
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision of Proceeds of Crime (Money Laundering) and Terrorist Financing Act | Short-form Description | Classification of Violation |
| 1 | 62(2) | Failure to give reasonable assistance and information reasonably required to an authorized person | serious |
| 2 | 63.1(2) | Failure to provide, in accordance with a notice, documents or other information reasonably required by an authorized person | serious |
PART 2
Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations
| Column 1 | Column 2 | Column 3 | Column 4 | |
|---|---|---|---|---|
| Item | Provision of Proceeds of Crime (Money Laundering) and Terrorist Financing Act | Provision of Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations | Short-form Description | Classification of Violation |
| 1 | 9(1) | 2 | Failure to convert foreign currency transactions into Canadian dollars based on the prescribed rate | minor |
| 2 | 9(1) | 4(1) | Failure to send a report electronically, if the sender has the technical capabilities, in accordance with the guidelines prepared by the Centre | minor |
| 3 | 9(1) | 4(2) | Failure to send a report in paper format, if the sender does not have the technical capabilities to send electronically, in accordance with guidelines prepared by the Centre | minor |
| 4 | 9(1) | 5(1) | Failure to report an electronic funds transfer no later than five working days after the transfer | minor |
| 5 | 9(1) | 5(2)(b) | Failure to report a transaction for which a large cash transaction record must be kept within 15 days after the transaction | minor |
| 6 | 6 | 8(1) | Failure to take reasonable measures to determine if an individual giving cash is acting on behalf of a third party | minor |
| 7 | 6 | 8(2) | Failure to keep a record of prescribed information respecting third parties | minor |
| 8 | 6 | 8(3) | Failure to keep a record of prescribed information respecting suspected third parties | minor |
| 9 | 6 | 9(1) | Failure to take reasonable measures when opening an account to determine if the account is to be used by or on behalf of a third party | minor |
| 10 | 6 | 9(2) | Failure to keep a record of prescribed information respecting third parties | minor |
| 11 | 6 | 9(3) | Failure to keep a record of prescribed information in respect of suspected third parties | minor |
| 12 | 6 | 10(1) | Failure to take reasonable measures when client information record is created to determine whether the client is acting on behalf of a third party. | minor |
| 13 | 6 | 10(2) | Failure to keep a record of prescribed information when it is determined that the client is acting on behalf of a third party | minor |
| 14 | 6 | 10(3) | Failure to keep a record of prescribed information when there are reasonable grounds to suspect that the client is acting on behalf of a third party | minor |
| 15 | 6 | 11 | Failure of a trust company to keep a record of prescribed information concerning inter vivos trusts | minor |
| 16 | 9(1) | 12(1)(a) | Failure of a financial entity to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 17 | 9(1) | 12(1)(b) | Failure of a financial entity to report the sending out of Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 18 | 9(1) | 12(1)(c) | Failure of a financial entity to report the receipt from outside Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 19 | 6 | 13 | Failure of a financial entity to 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 | minor |
| 20 | 6 | 14 | Failure of a financial entity to keep prescribed records | minor |
| 21 | 6 | 15 | Failure of a trust company to keep prescribed records in respect of a trust for which it is trustee | minor |
| 22 | 9(1) | 17 | Failure of a 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 to report the transaction together with the prescribed information | minor |
| 23 | 6 | 18 | Failure of a life insurance company or life insurance broker or agent to 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 | minor |
| 24 | 6 | 19(1) | Failure of a life insurance company or life insurance broker or agent to keep a client information record in respect of every annuity or policy for which $10,000 or more is paid | minor |
| 25 | 6 | 20 | Failure of a life insurance company or life insurance broker or agent to keep prescribed records of a corporate client | minor |
| 26 | 9(1) | 21 | Failure of a securities dealer who receives from a client an amount in cash of $10,000 or more in the course of a single transaction to report the transaction together with the prescribed information | minor |
| 27 | 6 | 22 | Failure of a securities dealer to 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 | minor |
| 28 | 6 | 23 | Failure of a securities dealer to keep prescribed records | minor |
| 29 | 9(1) | 28(1)(a) | Failure of a money services business to report 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 prescribed information | minor |
| 30 | 9(1) | 28(1)(b) | Failure of a money services business to report the sending out of Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 31 | 9(1) | 28(1)(c) | Failure of a money services business to report the receipt from outside Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 32 | 6 | 29 | Failure of a money services business to 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 | minor |
| 33 | 6 | 30 | Failure of a money services business to keep prescribed records | minor |
| 34 | 9(1) | 35 | Failure of an accountant or accounting firm to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 35 | 6 | 36(1) | Failure of an accountant or accounting firm to keep prescribed records | minor |
| 36 | 6 | 36(2) | Failure of an accountant or accounting firm to 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 | minor |
| 37 | 9(1) | 38 | Failure of a real estate broker or sales representative to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 38 | 6 | 39(1) | Failure of a real estate broker or sales representative to keep prescribed records | minor |
| 39 | 6 | 39(2) | Failure of a real estate broker or sales representative to 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 | minor |
| 40 | 9(1) | 40(1)(a) | Failure of a casino to report the receipt of an amount in cash of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 41 | 9(1) | 40(1)(b) | Failure of a casino to report the sending out of Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 42 | 9(1) | 40(1)(c) | Failure of a casino to report the receipt from outside Canada of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the prescribed information | minor |
| 43 | 6 | 41(1) | Failure of a casino to 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 | minor |
| 44 | 6 | 42(1) | Failure of a casino to keep a large cash disbursement record in respect of prescribed transactions in the course of which the total amount of cash disbursed is $10,000 or more | minor |
| 45 | 6 | 43 | Failure of a casino to keep prescribed records | minor |
| 46 | 9(1) | 47 | Failure of a department or agent of Her Majesty in right of Canada or of a province to report 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 prescribed information | minor |
| 47 | 6 | 48 | Failure of a department or agent of Her Majesty in right of Canada or of a province to keep a large cash transaction record in respect of every amount in cash of $10,000 or more that it receives from a client in the course of a single transaction | minor |
| 48 | 6 | 49 | Failure of a department or agent of Her Majesty in right of Canada or of a province to keep prescribed records | minor |
| 49 | 9(1) | 50(3) | Failure of a specified financial entity to report changes in prescribed information within 15 days of the change | minor |
| 50 | 9(1) | 50(4)(a) | Failure of a specified financial entity to verify at least once every 12 months that prescribed conditions are still met in respect of each client | minor |
| 51 | 9(1) | 50(4)(b) | Failure of a specified financial entity to report prescribed information at least once every 12 months | minor |
| 52 | 6.1 | 53, 64(1) and 64(2)(b) | Failure of a specified person or entity to ascertain in the prescribed manner and within the prescribed period the identity of every individual with whom the person or entity conducts a transaction in respect of which a record must be kept | minor |
| 53 | 6.1 | 54(1)(a), 64(1) and 64(2)(a) | Failure of a financial entity to ascertain in the prescribed manner and within the prescribed period the identity of every person who signs a signature card | minor |
| 54 | 6.1 | 54(1)(b), 64(1) and 64(2)(b) | Failure of a financial entity to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a prescribed transaction or transfer | minor |
| 55 | 6.1 | 54(1)(d), 65(1) and 65(2)(a) | Failure of a financial entity to confirm in the prescribed manner and within the prescribed period the existence of, and the prescribed information in respect of, corporations for which the financial entity opens an account | minor |
| 56 | 6.1 | 54(1)(e), 66(1) and 66(2)(a) | Failure of a financial entity to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which the financial entity opens an account. | minor |
| 57 | 6.1 | 55(a), 64(1) and 64(2)(c) | Failure of a trust company to ascertain in the prescribed manner and within the prescribed period the identity of every person who is the settlor of an inter vivos trust | minor |
| 58 | 6.1 | 55(b), 65(1) and 65(2)(b) | Failure of a trust company to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation that is the settlor of an institutional trust | minor |
| 59 | 6.1 | 55(c), 66(1) and 66(2)(b) | Failure of a trust company to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, that is the settlor of an institutional trust | minor |
| 60 | 6.1 | 55(d)(i), 65(1), 65(2)(b) or 55(d)(i), 66(1) and 66(2)(b) | Failure of a trust company to confirm in the prescribed manner and within the prescribed period the existence of — and, in the case of a corporation, the prescribed information in respect of — an entity that is authorized to act as a co-trustee of any trust | minor |
| 61 | 6.1 | 55(d)(ii), 64(1) and 64(2)(c) | Failure of a trust company to ascertain in the prescribed manner and within the prescribed period the identity of persons who are authorized to give instructions with respect to an entity’s activities as co-trustee | minor |
| 62 | 6.1 | 55(e), 64(1) and 64(2)(c) | Failure of a trust company to ascertain in the prescribed manner and within the prescribed period the identity of each person who is authorized to act as co-trustee of any trust | minor |
| 63 | 6.1 | 56(1), 64(1) and 64(2)(d) | Failure of a life insurance company or life insurance broker or agent to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction for which a client information record is required to be kept | minor |
| 64 | 6.1 | 56(3), 65(1) and 65(2)(c) | Failure of a life insurance company or life insurance broker or agent to confirm in the prescribed manner and within the prescribed period the existence of, and the prescribed information in respect of, every corporation in respect of which they are required to keep a client information record | minor |
| 65 | 6.1 | 56(4), 66(1) and 66(2)(c) | Failure of a life insurance company or life insurance broker or agent to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, in respect of which they are required to keep a client information record | minor |
| 66 | 6.1 | 57(1), 64(1) and 64(2)(a) | Failure of a securities dealer to ascertain in the prescribed manner and within the prescribed period the identity of every person who is authorized to give instructions in respect of an account for which a record must be kept | minor |
| 67 | 6.1 | 57(3), 65(1) and 65(2)(d) | Failure of a securities dealer to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation for which it opens an account | minor |
| 68 | 6.1 | 57(4), 66(1) and 66(2)(d) | Failure of a securities dealer to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which it opens an account | minor |
| 69 | 6.1 | 59(1)(a), 64(1) and 64(2)(b) | Failure of a money services business to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction of $3,000 or more for the issuance or redemption of money orders, traveller’s cheques or other similar negotiable instruments | minor |
| 70 | 6.1 | 59(1)(b), 64(1) and 64(2)(b) | Failure of a money services business to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction for the remittance or transmission of $1,000 or more | minor |
| 71 | 6.1 | 59(1)(c), 64(1) and 64(2)(b) | Failure of a money services business to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a foreign currency exchange transaction of $3,000 or more | minor |
| 72 | 6.1 | 59(2), 65(1) and 65(2)(c) | Failure of a money services business to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation in respect of which a client information record is required to be kept | minor |
| 73 | 6.1 | 59(3), 66(1) and 66(2)(c) | Failure of a money services business to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, in respect of which a client information record is required to be kept | minor |
| 74 | 6.1 | 60(a), 64(1) and 64(2)(a) | Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who signs a signature card in respect of an account that the casino opens | minor |
| 75 | 6.1 | 60(b)(i), 64(1) and 64(2)(b) | Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction with the casino for which a large cash disbursement record is required to be kept | minor |
| 76 | 6.1 | 60(b)(ii), 64(1) and 64(2)(b) | Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a transaction of $3,000 or more with the casino for which an extension of credit record is required | minor |
| 77 | 6.1 | 60(b)(iii), 64(1) and 64(2)(b) | Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who conducts a foreign currency exchange transaction of $3,000 or more with the casino for which a transaction ticket is required to be kept | minor |
| 78 | 6.1 | 60(b)(iv), 64(1) and 64(2)(b) | Failure of a casino to ascertain in the prescribed manner and within the prescribed period the identity of every person who requests that an amount of $1,000 or more be remitted or transmitted | minor |
| 79 | 6.1 | 60(e), 65(1) and 65(2)(a) | Failure of a casino to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation for which the casino opens an account | minor |
| 80 | 6.1 | 60(f), 66(1) and 66(2)(a) | Failure of a casino to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, for which the casino opens an account | minor |
| 81 | 6.1 | 61(a), 64(1) and 64(2)(d) | Failure of a department or agent of Her Majesty in right of Canada or of a province to ascertain in the prescribed manner and within the prescribed period the identity of every person in respect of whom a client information record is required to be kept | minor |
| 82 | 6.1 | 61(b), 64(1) and 64(2)(b) | Failure of a department or agent of Her Majesty in right of Canada or of a province to ascertain in the prescribed manner and within the prescribed period the identity of every person in respect of whom no client information record is required to be kept 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 | minor |
| 83 | 6.1 | 61(c), 65(1) and 65(2)(c) | Failure of a department or agent of Her Majesty in right of Canada or of a province to confirm in the prescribed manner and within the prescribed period the existence of, and prescribed information in respect of, every corporation in respect of which a client information record is kept | minor |
| 84 | 6.1 | 61(d), 66(1) and 66(2)(c) | Failure of a department or agent of Her Majesty in right of Canada or of a province to confirm in the prescribed manner and within the prescribed period the existence of every entity, other than a corporation, in respect of which a client information record is kept | minor |
| 85 | 6 | 65(3) | Failure of a person or entity who ascertains information in respect of a corporation by referring to an electronic version of a record to keep a prescribed record | minor |
| 86 | 6 | 65(4) | Failure of a person or entity who ascertains information in respect of a corporation by referring to a paper copy of a record to retain the record or a copy of it | minor |
| 87 | 6 | 66(3) | Failure of a person or entity who ascertains information in respect of an entity by referring to an electronic version of a record to keep a prescribed record | minor |
| 88 | 6 | 66(4) | Failure of a person or entity who ascertains information in respect of an entity by referring to a paper copy of a record to retain the record or a copy of it | minor |
| 89 | 6 | 67 | Failure of a person or entity that is required to ascertain the identity of a person to keep prescribed records in respect of the person | minor |
| 90 | 6 | 69(1) | Failure of a person or entity that is required to obtain, keep or create records to retain those records for a period of at least five years | minor |
| 91 | 6 | 70 | Failure to retain records in such a way that they can be provided to an authorized person within 30 days after their request | minor |
| 92 | 9.6(1) | 71(1)(a) | Failure of a person or entity to appoint a person to be responsible for the implementation of a compliance program | serious |
| 93 | 9.6(1) | 71(1)(b) | Failure of a person or entity to develop and apply written compliance policies and procedures that are kept up to date and, in the case of an entity, are approved by a senior officer | serious |
| 94 | 9.6(1) | 71(1)(c) | Failure of a person or entity to assess and document the risk referred to in subsection 9.6(2) of the Act, taking into consideration prescribed factors | serious |
| 95 | 9.6(1) | 71(1)(d) | Failure of a person or entity that has employees, agents or other persons authorized to act on their behalf to develop and maintain a written ongoing compliance training program for those employees, agents or persons | serious |
| 96 | 9.6(1) | 71(1)(e) | Failure of a person or entity to institute and document the prescribed review | serious |
| 97 | 9.6(1) | 71(2) | Failure of a person or entity to report prescribed information within 30 days after assessment | serious |
PART 3
Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations
| Column 1 | Column 2 | Column 3 | Column 4 | |
|---|---|---|---|---|
| Item | Provision of Proceeds of Crime (Money Laundering) and Terrorist Financing Act | Provision of Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations | Short-form Description | Classification of Violation |
| 1 | 7 | 9(1) | Failure of a person or entity to include prescribed information in a report | very serious |
| 2 | 7 | 9(2) | Failure of a person or entity to send a report within the prescribed period | serious |
| 3 | 7.1 | 10 | Failure of a person or entity to send a report containing the prescribed information without delay | very serious |
| 4 | 7 | 12(1) | Failure to send report electronically, if the sender has the technical capabilities, in accordance with the guidelines prepared by the Centre | serious |
| 5 | 7 | 12(2) | Failure to send report in paper format, if the sender does not have the technical capabilities to send electronically, in accordance with the guidelines prepared by the Centre | serious |
| 6 | 7 | 12(3) | Failure to submit a report in paper format in accordance with the guidelines prepared by the Centre | serious |
- Date modified: