Proceeds of Crime (Money Laundering) and Terrorist Financing Reporting of Goods Regulations (SOR/2025-67)

Marginal note:Criteria

15 The amount of a penalty referred to in subsection 14(1) in respect of the violation is to be established having regard to

• (a) the value of the goods or of the financial transaction involved; and

• (b) the history of the person or entity that committed the violation with respect to any prior violation within the five-year period immediately before the violation.

Marginal note:Due diligence defence not available

16 Due diligence is not a defence in a proceeding in relation to a violation.

Marginal note:Debts due to His Majesty

• 17 (1) The following amounts constitute a debt due to His Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless the person or entity applies for a review in accordance with the notice of violation;

  • (b) the amount of the penalty imposed by the President under subsection 12(2), beginning on the day on which the period specified in the notice of decision expires or the day specified in the notice of decision; and

  • (c) the amount of the penalty determined by the Federal Court under subsection 13(2), beginning on the day on which the period specified in the decision for the payment of that amount expires or the day specified in the decision.

• Marginal note:Limitation period

  (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable.

• Marginal note:Proceeds payable to Receiver General

  (3) A debt referred to in subsection (1) that is paid or recovered is payable to and must be remitted to the Receiver General.

Marginal note:Certificate

• 18 (1) The unpaid amount of any debt referred to in subsection 17(1) may be certified by the Governor.

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court of a certificate has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

Marginal note:Evidence

19 In a proceeding in respect of a violation, a notice of violation purporting to be issued under subsection 11(1), a notice of decision purporting to be issued under subsection 12(4) or a certificate purporting to be made under subsection 18(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Limitation Period

20 No proceedings in respect of a violation may be commenced after the expiry of two years after the day on which the subject matter of the proceedings arose.

Coming into Force

Marginal note:S.C. 2024, c. 15

Footnote ^*21 These Regulations come into force on the day on which section 285 of the Fall Economic Statement Implementation Act, 2023 comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force April 1, 2025.]