Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
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Assented to 2026-03-26
PART 92000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Amendments to the Act
76 (1) The definition violation in subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- compliance order violation
compliance order violation means a violation referred to in subsection 73.18(1). (violation d’un ordre de conformité)
- prescribed violation
prescribed violation means a violation referred to in section 73.13. (violation réglementaire)
(3) Paragraph 2(2)(d) of the Act is replaced by the following:
(d) identifying information, for the purposes of subsection 54.1(3) or 54.2(3);
77 The heading of Part 1 of the English version of the Act is replaced by the following:
Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Enrolment
78 Section 9.2 of the Act is replaced by the following:
Marginal note:Prohibition — anonymous account or client
9.2 (1) No person or entity referred to in section 5 shall open an anonymous account or an account for an anonymous client.
Marginal note:Anonymous client
(2) A client is anonymous for the purposes of subsection (1) if the person or entity cannot verify the identity of the client in accordance with the regulations or if the client’s name is obviously fictitious.
79 Section 9.6 of the Act is amended by adding the following after subsection (1):
Marginal note:Program requirements
(1.1) The person or entity shall ensure that the program is reasonably designed, risk-based and effective.
80 The heading “Inscription” before section 11.1 of the French version of the Act is replaced by the following:
Inscription — entreprises fournissant des services monétaires
81 Paragraph 11.11(1)(e.1) of the Act is replaced by the following:
(e.1) a person or entity that, having committed a compliance order violation or a prescribed violation and being liable to a penalty for it, and 30 days having elapsed since the day on which all proceedings in respect of the violation are ended, has still not paid the penalty together with any interest imposed under section 73.28;
(e.2) a person or entity that is acting on behalf of or in concert with a person or entity referred to in paragraph (e.1) for the purpose of evading the payment of a penalty; or
82 The Act is amended by adding the following after section 11.4:
Enrolment
Marginal note:Enrolment requirement
11.4001 (1) Subject to subsection (2), every person or entity referred to in section 5 shall enroll with the Centre.
Marginal note:Exceptions
(2) Subsection (1) does not apply to a person or entity referred to in paragraph 5(h), (h.1) or (m) or to a person or entity referred to in section 5 that acts exclusively as an employee or agent or mandatary of another person or entity referred to in that section.
Marginal note:Application for enrolment
11.4002 If section 11.4001 applies to a person or entity, the person or entity shall submit an application for enrolment to the Centre within the prescribed period. The application shall be made in the prescribed form and manner and include the prescribed information.
Marginal note:Notice of enrolment
11.4003 An applicant is enrolled if the Centre adds the applicant to the roll referred to in subsection 54.2(1). The Centre shall, without delay, notify the applicant of their enrolment.
Marginal note:Renewal
11.4004 An enrolled person or entity shall renew their enrolment within the prescribed period.
Marginal note:Application for renewal
11.4005 An application for renewal of enrolment shall be submitted to the Centre in the prescribed form and manner and shall include the prescribed information.
Marginal note:Notice of renewal
11.4006 An applicant for renewal of enrolment remains on the roll referred to in subsection 54.2(1) if the Centre approves the application. The Centre shall, without delay, notify the applicant of the renewal.
Marginal note:Changes to information
11.4007 An applicant for enrolment or for renewal of enrolment shall notify the Centre, in the prescribed form and manner, of any change to the information provided in the application or of any newly obtained information that should have been included in the application within 30 days after the day on which the applicant becomes aware of the change or obtains the new information.
Marginal note:Clarifications — applicant
11.4008 (1) An applicant for enrolment or for renewal of enrolment shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in section 11.4002 or 11.4005 within 30 days after the day on which the request is made.
Marginal note:Denial of application
(2) If the applicant does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may deny the application and shall, without delay, notify the applicant of the denial.
Marginal note:Denial of application
11.4009 (1) The Centre shall deny an application for enrolment or for renewal of enrolment if
(a) the applicant committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.28; or
(b) the Centre determines that the applicant is in a prescribed relationship with a person or entity in the situation described in paragraph (a).
Marginal note:Notice of denial
(2) If an application is denied, the Centre shall, without delay, notify the applicant of the denial.
Marginal note:Clarifications — enrolled person or entity
11.401 (1) An enrolled person or entity shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in section 11.4002 or 11.4005 within 30 days after the day on which the request is made.
Marginal note:Revocation of enrolment
(2) If the enrolled person or entity does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may revoke their enrolment and shall, without delay, notify the person or entity of the revocation.
Marginal note:Revocation of enrolment
11.4011 (1) The Centre may revoke the enrolment of an enrolled person or entity if
(a) the person or entity committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.28; or
(b) the Centre determines that the person or entity is in a prescribed relationship with a person or entity in the situation described in paragraph (a).
Marginal note:Notice of revocation
(2) If the Centre revokes the enrolment of the person or entity, the Centre shall, without delay, notify the person or entity of the revocation.
Marginal note:Requirement ceases to apply
11.4012 (1) If section 11.4001 ceases to apply to an enrolled person or entity, the person or entity shall notify the Centre in the prescribed form and manner within 30 days after the day on which that section ceased to apply.
Marginal note:Explanation
(2) The notice shall explain why section 11.4001 has ceased to apply to the person or entity.
Marginal note:Notice of revocation
(3) If the Centre is satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall revoke their enrolment and, without delay, notify them of the revocation.
Marginal note:Notice of continued enrolment
(4) If the Centre is not satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall, without delay, notify them of their continued enrolment.
Marginal note:Duty to notify
11.4013 If the Centre determines that section 11.4001 applies to a person or entity that is not enrolled, the Centre shall notify that person or entity of the requirement to enroll.
Marginal note:Application for review
11.4014 (1) Within 30 days after the day on which a person or entity is notified under subsection 11.4008(2), 11.4009(2), 11.401(2), 11.4011(2) or 11.4012(4) or section 11.4013, the person or entity may apply in writing to the Director of the Centre for a review of the decision in question and may provide any information in support of their application for review.
Marginal note:Review by Director
(2) The Director shall review the decision as soon as possible and shall take into consideration any information that the Director deems relevant.
Marginal note:Decision of Director
(3) The Director may either confirm the decision or substitute their own decision, and shall, without delay, serve notice of the review decision with reasons on the person or entity, together with notice of the right of appeal under subsection 11.4015(1).
Marginal note:Appeal to Federal Court
11.4015 (1) A person or entity that applied for a review under subsection 11.4014(1) may appeal the Director’s review decision to the Federal Court within 30 days after the day on which the decision is served, or within any longer period that the Court allows.
Marginal note:Appeal
(2) If the Director does not make a review decision within 90 days after the day on which the Director received the application for review, the applicant may appeal to the Federal Court, within 30 days after the day on which the 90-day period expires, the decision or determination in question.
Marginal note:Precautions against disclosure
(3) In an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person or entity of information referred to in subsection 55(1). However, the Court is not required to take those precautions with respect to the appellant’s name and operating name.
83 Subsection 39.02(6) of the Act is replaced by the following:
Marginal note:Records
(6) Any person or entity that imports or exports goods or that causes or arranges for goods to be imported or exported — for sale or for any industrial, occupational, commercial, institutional or other like use, or any other use that may be prescribed — or that produces, supplies, distributes, consumes or holds those goods for such a purpose shall keep at the person or entity’s place of business in Canada, or at any other place that the Minister may designate, any records in respect of the goods in any manner and for any period of time that may be prescribed. The person or entity shall, if an officer so requests, make the records available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of them.
84 Section 39.14 of the Act is replaced by the following:
Marginal note:Request for Minister’s decision
39.14 A person or entity from which goods were seized under subsection 39.06(1), or the lawful owner of the goods, may — within 90 days after the date of the seizure and by giving notice to the Minister in writing or by any other means satisfactory to the Minister — request a decision of the Minister as to whether the officer who seized the goods had reasonable grounds to believe that the goods were proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or were related to money laundering, to the financing of terrorist activities or to sanctions evasion.
85 Subsection 39.18(1) of the Act is replaced by the following:
Marginal note:Decision of Minister
39.18 (1) Within 90 days after the end of the period referred to in subsection 39.17(2), the Minister shall decide whether the officer who seized the goods had the reasonable grounds referred to in section 39.14.
86 Sections 39.19 and 39.2 of the Act are replaced by the following:
Marginal note:Return of goods
39.19 If the Minister decides that the officer who seized the goods did not have the reasonable grounds referred to in section 39.14, the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the goods or an amount of money equal to their value at the time of the seizure, as the case may be.
Marginal note:Confirmation of forfeiture
39.2 If the Minister decides that the officer who seized the goods had the reasonable grounds referred to in section 39.14, the Minister may, subject to the terms and conditions that the Minister may determine and subject to any order made under section 39.24 or 39.25, confirm that the goods are forfeited to His Majesty in right of Canada.
87 (1) Paragraph 53.6(1)(a) of the Act is replaced by the following:
(a) has, during the five-year period before the day on which the application was submitted, been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act;
(2) Paragraph 53.6(1)(c) of the French version of the Act is replaced by the following:
c) n’est pas inscrit sous le régime de l’article 11.1 de la présente loi.
(3) Paragraph 53.6(2)(a) of the Act is replaced by the following:
(a) a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act;
(4) Paragraph 53.6(2)(c) of the French version of the Act is replaced by the following:
c) le Centre a révoqué, au titre des paragraphes 11.11(2), 11.13(2) ou 11.17(2) ou de l’article 11.171 de la présente loi, l’inscription d’un fournisseur de services de paiement enregistré, au sens de l’article 2 de la Loi sur les activités associées aux paiements de détail.
88 The Act is amended by adding the following after section 54.1:
Marginal note:Roll
54.2 (1) The Centre is responsible for establishing and maintaining a roll of prescribed information submitted under section 11.4002, 11.4005, 11.4007, 11.4008 or 11.401.
Marginal note:Organization and keeping of roll
(2) The roll is to 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 information submitted under section 11.4002, 11.4005, 11.4007, 11.4008, 11.401 or 11.4012.
Marginal note:Accuracy of information
(5) The Centre shall, in accordance with the regulations, ensure that inaccurate information on the roll is corrected.
Marginal note:Analysis of information
(6) 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(1)(c).
Marginal note:Retention of information
(7) 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 an application for enrolment or for its renewal, on which an enrolled person or entity notifies the Centre under section 11.4012 or on which a person or entity is no longer enrolled with the Centre.
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