An Act to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act and to make a consequential amendment to another Act (S.C. 2006, c. 12)
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Assented to 2006-12-14
2000, c. 17; 2001, c. 41, s. 48AMENDMENTS TO THE PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT
15. The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:If there is a contravention
29. (1) If the Minister decides that subsection 12(1) was contravened, the Minister may, subject to the terms and conditions that the Minister may determine,
16. Subsection 30(1) of the Act is replaced by the following:
Marginal note:Appeal to Federal Court
30. (1) A person who requests a decision of the Minister under section 27 may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which the person is the plaintiff and the Minister is the defendant.
Marginal note:2001, c. 41, s. 63
17. (1) Subsection 32(1) of the Act is replaced by the following:
Marginal note:Interest as owner
32. (1) If currency or monetary instruments have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the currency or monetary instruments were when seized, who claims in respect of the currency or monetary instruments an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33.
Marginal note:2005, c. 38, par. 127(d)
(2) Subsection 32(3) of the Act is replaced by the following:
Marginal note:Notice to President
(3) The applicant shall serve notice of the application and of the hearing on the President, or an officer delegated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.
18. Section 33 of the Act is replaced by the following:
Marginal note:Order
33. If, on the hearing of an application made under subsection 32(1), the court is satisfied
(a) that the applicant acquired the interest or right in good faith before the contravention in respect of which the seizure was made,
(b) that the applicant is innocent of any complicity in the contravention of subsection 12(1) that resulted in the seizure and of any collusion in relation to that contravention, and
(c) that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with subsection 12(1),
the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention.
19. Subsection 34(1) of the English version of the Act is replaced by the following:
Marginal note:Appeal
34. (1) A person or entity that makes an application under section 32 or Her Majesty in right of Canada may appeal to the court of appeal from an order made under section 33 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court.
Marginal note:2005, c. 38, par. 127(e)
20. The portion of subsection 35(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Delivery after final order
35. (1) The Minister of Public Works and Government Services shall, after the forfeiture of currency or monetary instruments has become final and on being informed by the President that a person or entity has obtained a final order under section 33 or 34 in respect of the currency or monetary instruments, give to the person or entity
21. The heading before section 36 of the Act is replaced by the following:
Disclosure and Use of Information
22. (1) Section 36 of the Act is amended by adding the following after subsection (1):
Marginal note:Use of information
(1.1) An officer who has reasonable grounds to suspect that the information referred to in subsection (1) is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 117 to 119, 126 or 127 of that Act may use that information.
(2) The portion of subsection 36(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Immunity from compulsory processes
(5) Subject to section 36 of the Access to Information Act and sections 34 and 37 of the Privacy Act, an official is required to comply with a subpoena, an order for production of documents, a summons or any other compulsory process only if it is issued in the course of
23. The Act is amended by adding the following after section 38:
Marginal note:Agreements with foreign states
38.1 The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has powers and duties similar to those of the Canada Border Services Agency, whereby the Canada Border Services Agency may, if it has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, provide information set out in a report made under section 20 to that government, institution or agency.
Marginal note:2001, c. 12, s. 1; 2004, c. 11, s. 42
24. Paragraphs 54(d) and (e) of the Act are replaced by the following:
(d) subject to section 6 of the Privacy Act, shall retain each report referred to in paragraph (a) and all information referred to in paragraph (a) or (b) for 10 years beginning on the day on which the report is received or the information is received or collected; and
(e) despite the Library and Archives of Canada Act, shall destroy, 15 years after the day on which a report referred to in paragraph (a) is received, any identifying information contained in the report if the report was not disclosed under subsection 55(3), 55.1(1) or 56.1(1) or (2).
25. The Act is amended by adding the following after section 54:
Marginal note:Registrar
54.1 (1) The Centre is responsible for establishing and maintaining a registry of the prescribed information submitted under sections 11.12 to 11.3.
Marginal note:Registry
(2) The registry shall be organized in any manner and kept in any form that the Centre may determine.
Marginal note:Public access
(3) The Centre shall make available to the public the part of the information referred to in subsection (1) that is identifying information as defined in the regulations.
Marginal note:Verification of information
(4) The Centre may verify the information contained in any application for registration or any other information submitted under sections 11.12 to 11.3.
Marginal note:Analysis of information
(5) The Centre may analyse and assess the information referred to in subsection (4) and, in that case, that analysis or assessment is deemed to be an analysis or assessment conducted under paragraph 54(c).
Marginal note:Retention of information
(6) Subject to section 6 of the Privacy Act, the Centre shall retain information referred to in subsection (4) for 10 years beginning on the day on which the Centre denies the registration of an applicant, on which a registered person or entity notifies the Centre that they have ceased their activities, or on which a person or entity is no longer registered with the Centre.
Marginal note:2001, c. 41, s. 67(1)
26. (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disclosure by Centre prohibited
55. (1) Subject to subsection (3), sections 52, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 and 65.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
(2) Subsection 55(1) of the Act is amended by adding the following after paragraph (b.1):
(b.2) information provided under sections 11.12 to 11.3 except for identifying information referred to in subsection 54.1(3);
Marginal note:2005, c. 38, s. 126(1)
(3) Paragraph 55(3)(b) of the Act is replaced by the following:
(b) the Canada Revenue Agency, if the Centre also determines that the information is relevant to an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;
Marginal note:2005, c. 38, s. 126(2)
(4) Subsection 55(3) of the Act is amended by striking out the word “and” at the end of paragraph (b.1) and by replacing paragraph (d) with the following:
(c) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to determining
(i) whether a registered charity, as defined in subsection 248(1) of the Income Tax Act, has ceased to comply with the requirements of that Act for its registration as such, or
(ii) whether a person or entity that the Centre has reasonable grounds to suspect has applied to be a registered charity, as defined in subsection 248(1) of the Income Tax Act, is eligible to be registered as such;
(d) the Canada Border Services Agency, if the Centre also determines that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 117 to 119, 126 or 127 of that Act;
(e) the Canada Border Services Agency, if the Centre also determines that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament; and
(f) the Communications Security Establishment, if the Centre also determines that the information is relevant to the mandate of the Communications Security Establishment referred to in paragraph 273.64(1)(a) of the National Defence Act.
Marginal note:2001, c. 41, s. 67(8)
(5) The portion of subsection 55(7) of the Act before paragraph (b) is replaced by the following:
Definition of “designated information”
(7) For the purposes of subsection (3), “designated information” means, in respect of a financial transaction, an attempted financial transaction or an importation or exportation of currency or monetary instruments,
(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation, or any person or entity acting on their behalf;
Marginal note:2001, c. 41, s. 67(9)
(6) Subsection 55(7) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) the name, address, electronic mail address and telephone number of each partner, director or officer of an entity referred to in paragraph (a), and the address and telephone number of its principal place of business;
(f) any other similar identifying information that may be prescribed for the purposes of this section;
(g) the details of the criminal record of a person or entity referred to in paragraph (a) and any criminal charges laid against them that the Centre considers relevant in the circumstances;
(h) the relationships suspected by the Centre on reasonable grounds to exist between any persons or entities referred to in paragraph (a) and any other persons or entities;
(i) the financial interest that a person or entity referred to in paragraph (a) has in the entity on whose behalf the transaction was made or attempted, or on whose behalf the importation or exportation was made;
(j) the name of the person or entity referred to in paragraph (a) suspected by the Centre on reasonable grounds to direct, either directly or indirectly, the transaction, attempted transaction, importation or exportation;
(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and that the Centre considers relevant in the circumstances;
(l) the number and types of reports on which a disclosure is based;
(m) the number and categories of persons or entities that made those reports; and
(n) indicators of a money laundering offence or a terrorist activity financing offence related to the transaction, attempted transaction, importation or exportation.
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