Fall Economic Statement Implementation Act, 2023 (S.C. 2024, c. 15)
Full Document:
- HTMLFull Document: Fall Economic Statement Implementation Act, 2023 (Accessibility Buttons available) |
- PDFFull Document: Fall Economic Statement Implementation Act, 2023 [4401 KB]
Assented to 2024-06-20
PART 5Various Measures (continued)
DIVISION 8Money Laundering, Terrorist Financing, Sanctions Evasion and Other Measures (continued)
SUBDIVISION A2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act (continued)
294 (1) Subsection 60(2) of the Act is replaced by the following:
Marginal note:Purpose of application
(2) The Attorney General may, for the purposes of an investigation in respect of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, make an application under subsection (3) for an order for disclosure of information.
(2) Paragraph 60(3)(d) of the Act is replaced by the following:
(d) the facts relied on to justify the belief, on reasonable grounds, that the person or entity referred to in paragraph (b) has committed or benefited from the commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of any of those offences;
(3) Paragraph 60(8)(a) of the Act is replaced by the following:
(a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence or an offence that is substantially similar to any of those offences;
295 Paragraph 60.1(7)(a) of the Act is replaced by the following:
(a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence or an offence that is substantially similar to any of those offences;
296 Paragraph 73(1)(k) of the Act is replaced by the following:
(k) respecting the reports referred to in section 12(1) and the declarations referred to in section 39.02; and
297 The portion of subsection 74(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:General offences
74 (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.31, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.43, 11.44 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 39.02(1), (4), (5) and (8) and 39.27(1), section 39.28, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable
298 Paragraph 77.3(2)(a) of the Act is replaced by the following:
(a) cause a person or entity referred to in section 5 to be in receipt of cash or virtual currency or involve the initiation of an international electronic funds transfer or the making of a disbursement, in any of the following transactions:
(i) the redemption of chips, tokens or plaques,
(ii) a front cash withdrawal,
(iii) a safekeeping withdrawal,
(iv) an advance on any form of credit, including an advance by a marker or a counter cheque,
(v) a payment on a bet, including a slot jackpot,
(vi) a payment to a client of funds received for credit to that client or another client,
(vii) the cashing of a cheque or the redemption of another negotiable instrument,
(viii) a reimbursement to a client of travel or entertainment expenses;
2023, c. 26Budget Implementation Act, 2023, No. 1
299 Section 181 of the Budget Implementation Act, 2023, No. 1 is amended by replacing the paragraph 7.1(1)(b) that it enacts with the following:
(b) an order or regulation made under the United Nations Act;
300 Subsection 204(2) of the Act is amended by replacing the subsection 81(2) that it enacts with the following:
Marginal note:Time limitation — eight years
(2) Proceedings under paragraph 77.3(3)(a) or 77.4(a) may be instituted within, but not after, eight years after the time when the subject-matter of the proceedings arose.
Consequential Amendments
R.S., c. 1 (2nd Supp.)Customs Act
301 (1) Paragraph 107(3)(a) of the Customs Act is replaced by the following:
(a) for the purposes of administering or enforcing this Act, the Customs Tariff, the Excise Act, 2001, the Special Imports Measures Act or Part 2 or 2.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or for any purpose set out in subsection (4), (5) or (7);
(2) The portion of paragraph 107(4)(b) of the Act before subparagraph (i) is replaced by the following:
(b) will be used solely in or to prepare for any legal proceedings relating to the administration or enforcement of an international agreement relating to trade, this Act, the Customs Tariff, the Special Import Measures Act, any other Act of Parliament or law of a province that provides for the imposition or collection of a tax or duty or Part 2 or 2.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, before
(3) Paragraph 107(4)(c) of the Act is replaced by the following:
(c) may reasonably be regarded as necessary solely for a purpose relating to the administration or enforcement of this Act, the Customs Tariff, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Export and Import Permits Act, the Immigration and Refugee Protection Act, the Special Import Measures Act or Part 2 or 2.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by an official of the Agency;
(4) Paragraph 107(4)(f) of the Act is replaced by the following:
(f) will be used solely for a purpose relating to the supervision, evaluation or discipline of a specified person by His Majesty in right of Canada in respect of a period during which the person was employed or engaged by, or occupied a position of responsibility in the service of, His Majesty in right of Canada to administer or enforce this Act, the Customs Tariff, the Special Import Measures Act or Part 2 or 2.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to the extent that the information is relevant for that purpose;
1993, c. 37Seized Property Management Act
302 (1) Paragraph 4(1)(b.1) of the Seized Property Management Act is replaced by the following:
(b.1) forfeited under subsection 14(5) or 39.03(5), seized under subsection 18(1) or 39.06(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
(2) Paragraph 4(1)(b.3) of the Act is replaced by the following:
(b.3) if the Minister agrees to be responsible for its custody and management, forfeited under any Act of Parliament, other than under subsection 14(5) or 39.03(5) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or subparagraph 715.34(1)(e)(i) of the Criminal Code or forfeited under any Act of the legislature of a province; or
SOR/2001-317; SOR/2002-185, s. 1Proceeds of Crime (Money Laundering) Suspicious Transaction Reporting Regulations
303 Section 9 of the Proceeds of Crime (Money Laundering) Suspicious Transaction Reporting Regulations is replaced by the following:
9 (1) Subject to section 11, a report made under section 7 of the Act concerning a financial transaction or attempted financial transaction in respect of which there are reasonable grounds to suspect that the transaction or attempted transaction is related to the commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence shall contain the information set out in Schedule 1.
(2) The person or entity shall send the report to the Centre as soon as practicable after they have taken measures that enable them to establish that there are reasonable grounds to suspect that the transaction or attempted transaction is related to the commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence.
304 Item 1 of Part G of Schedule 1 to the Regulations is replaced by the following:
- 1*Detailed description of grounds to suspect that transaction or attempted transaction is related to the commission or attempted commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence
Coordinating Amendments
Marginal note:2023, c. 26
305 (1) In subsections (2) and (3), other Act means the Budget Implementation Act, 2023, No. 1.
(2) If section 181 of the other Act comes into force before section 299 of this Act, then
(a) that section 299 is deemed never to have come into force and is repealed; and
(b) paragraph 7.1(1)(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
(b) an order or regulation made under the United Nations Act;
(3) If section 181 of the other Act comes into force on the same day as section 299 of this Act, then that section 299 is deemed to have come into force before that section 181.
Coming into Force
Marginal note:Order in council
306 (1) Subsection 278(1) and sections 285, 296, 297, 301 and 302 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Subsection 278(3) and section 279 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:60 days after royal assent
(3) Sections 280, 303 and 304 come into force on the 60th day after the day on which this Act receives royal assent.
SUBDIVISION BR.S., c. C-46Criminal Code
Amendments to the Act
307 Subsection 83.13(11) of the Criminal Code is replaced by the following:
Marginal note:Procedure
(11) Subsection 462.32(4), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
308 Section 462.31 of the Act is amended by adding the following after subsection (1):
Marginal note:Prosecution
(1.1) Subject to subsection (1.3), in a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew, believed they knew or was reckless as to the specific nature of the designated offence.
Marginal note:Inference
(1.2) Subject to subsection (1.3), the court may infer that an accused had the knowledge or belief or demonstrated the recklessness referred to in subsection (1) if it is satisfied, given the circumstances of the offence, that the manner in which the accused dealt with the property or its proceeds is markedly unusual or the accused’s dealings are inconsistent with lawful activities typical of the sector in which they take place, including business activities.
Marginal note:Exception
(1.3) Subsections (1.1) and (1.2) do not apply in cases where the accused is also charged with the designated offence.
309 (1) Subsection 462.32(1) of the Act is replaced by the following:
Marginal note:Special search warrant
462.32 (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place any property that is proceeds of crime, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to
(a) search the building, receptacle or place for that property; and
(b) seize that property and any other property that that person or peace officer believes, on reasonable grounds, is proceeds of crime.
(2) Section 462.32 of the Act is amended by adding the following after subsection (2):
Marginal note:Conditions
(2.01) A warrant issued under subsection (1) may be subject to any reasonable conditions that the judge thinks fit.
(3) Subsection 462.32(6) of the Act is repealed.
310 (1) The portion of subsection 462.321(1) of the Act before paragraph (a) is replaced by the following:
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, are proceeds of crime, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to
(2) Paragraph 462.321(1)(b) of the Act is replaced by the following:
(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, are proceeds of crime.
(3) Subsection 462.321(2) of the Act is replaced by the following:
Marginal note:Conditions
(2) A warrant issued under subsection (1) may be subject to any reasonable conditions that the judge thinks fit.
(4) Section 462.321 of the Act is amended by adding the following after subsection (3):
Marginal note:Execution in Canada
(3.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
(5) Subsection 462.321(7) of the Act is repealed.
311 (1) Paragraph 462.33(2)(c) of the Act is replaced by the following:
(c) the grounds for the belief that the property is proceeds of crime;
(2) Subsection 462.33(3) of the Act is replaced by the following:
Marginal note:Restraint order
(3) A judge who hears an application for a restraint order made under subsection (1) may, if the judge is satisfied that there are reasonable grounds to believe that there exists any property that is proceeds of crime, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.
(3) Subsection 462.33(7) of the Act is repealed.
- Date modified: