Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

Marginal note:Offence — registration

77.4 A person or entity referred to in section 11.1 that knowingly engages in an activity for which it is not registered with the Centre is guilty of an offence and liable

• (a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both.

PART 6Transitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force

Transitional Provisions

Marginal note:Definitions

83.1 The following definitions apply in this section and in sections 83.2 and 83.3.

agent or mandatary

agent or mandatary, in relation to a specified person or entity, means any agent or mandatary acting on the commencement day on behalf of the specified person or entity to provide any of the services referred to in paragraph 5(h). (mandataire)

commencement day

commencement day means the day on which this section and sections 83.2 and 83.3 come into force. (date de référence)

second anniversary

second anniversary means the second anniversary of the commencement day. (deuxième anniversaire)

specified person or entity

specified person or entity means a person or entity referred to in paragraph 5(h). (personne ou entité déterminée)

Marginal note:Agent or mandatary

• 83.2 (1) A specified person or entity shall, no later than the second anniversary,

  • (a) verify whether every agent or mandatary is a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and

  • (b) obtain and review the documents referred to in subsection 9.93(2) in respect of every agent or mandatary.

• Marginal note:Deeming

  (2) The verification and review carried out under subsection (1) are deemed to be a verification carried out under section 9.92 and a review carried out under subsection 9.93(1), respectively.

Marginal note:Documents — registration

• 83.3 (1) A specified person or entity that is registered with the Centre on the commencement day shall, in the prescribed form and manner, provide the Centre with the documents referred to in paragraph 11.12(1)(b) or (c) no later than the second anniversary.

• Marginal note:Translation

  (2) The obligation to provide a translation set out in subsection 11.12(1.1) applies with respect to those documents.

Transitional Provision

Marginal note:No ascertainment of expenses in first year

175.1 The Financial Transactions and Reports Analysis Centre of Canada is not required to ascertain, under subsection 51.1(1) of the Proceeds of Crime (Money Laundering and Terrorist Financing) Act, as enacted by section 165, the total amount of prescribed expenses incurred during the fiscal year in which section 165 comes into force.

• Marginal note:Order in council

  (2) Sections 164, 165 and 170 come into force on a day or days to be fixed by order of the Governor in Council.

Marginal note:Disclosure by Centre prohibited

• 55 (1) Subject to subsections (3) and (6.1), sections 52, 53.1, 53.31 to 53.6, 55.1, 56.1 and 56.2, subsection 58(1) and sections 58.1, 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:

• Marginal note:Restitution des produits

  (4.1) Sous réserve de la présente loi et de toute autre loi fédérale, l’agent de la paix qui a saisi une chose en vertu d’un mandat délivré par un juge en vertu du présent article peut, avec le consentement du procureur général donné par écrit, restituer la chose saisie, sur réception d’un reçu à cet effet, à la personne qui a droit à la possession légitime de celle-ci si, à la fois :

  • a) il est convaincu qu’il n’y a aucune contestation quant à la possession légitime de la chose saisie;

  • b) il est convaincu que la détention de la chose saisie n’est pas nécessaire aux fins d’une confiscation;

  • c) la chose saisie est restituée avant le dépôt d’un rapport auprès du greffier du tribunal en vertu de l’alinéa (4)b).

Marginal note:Special warrant — digital assets

• 462.321 (1) If, on an application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, may be the subject of an order of forfeiture made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to

  • (a) search for the digital assets by using a computer program, as defined in subsection 342.1(2); and

  • (b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, may be the subject of such an order of forfeiture.

• Marginal note:Terms and conditions

  (2) The warrant shall contain any terms and conditions that the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

• Marginal note:Procedure

  (3) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

• Marginal note:Detention and record of property seized

  (4) Every person who executes a warrant issued by a judge under this section shall

  • (a) detain or cause to be detained any seized property, taking reasonable care to ensure that it is preserved so that it may be dealt with in accordance with the law;

  • (b) as soon as practicable after the execution of the warrant, cause the following to be sent to the usual place of residence of any person from whom the property is seized if that usual place of residence is in Canada and is known to the person executing the warrant:

    • (i) a copy of the warrant, and

    • (ii) a notice in Form 5.1, varied to suit the case, setting out the address of the court from which a copy of a report on the seized property may be obtained;

  • (c) as soon as practicable after the execution of the warrant but within a period of not more than seven days, prepare a report in Form 5.3, varied to suit the case, identifying the seized property and the manner in which it is being detained, and cause the report to be filed with the clerk of the court; and

  • (d) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the seized property.

• Marginal note:Return

  (5) Subject to this or any other Act of Parliament, a peace officer or a person acting on their behalf may, with the written consent of the Attorney General, on being issued a receipt for it, cause the seized property to be returned to the person lawfully entitled to its possession, if

  • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the seized property;

  • (b) the peace officer is satisfied that the continued detention of the seized property is not required for the purpose of forfeiture; and

  • (c) the seized property is returned before a report is filed with the clerk of the court under paragraph (4)(c).

• Marginal note:Notice

  (6) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part of it could not be seized under the warrant.

• Marginal note:Undertakings by Attorney General

  (7) Before issuing a warrant under this section, a judge shall require the Attorney General to give any undertakings that the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

Marginal note:Management order

• 462.331 (1) With respect to property seized under section 462.32 or 462.321 or restrained under section 462.33, other than a controlled substance, within the meaning of the Controlled Drugs and Substances Act, or cannabis, as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may