Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)

Agreements for Exchange of Information

Marginal note:Agreements with foreign states

39.3 The Minister, with the consent of the Minister designated for the purposes 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 reporting requirements similar to those set out in this Part, whereby

• (a) information set out in a declaration made under section 39.02, and any other related information, in respect of goods imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of goods; and

• (b) information contained in reports, and any other related information, in respect of goods imported into that state from Canada will be provided to the Canada Border Services Agency.

Marginal note:Agreements with foreign states

39.31 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 believe that information collected under this Part would be relevant to investigating or prosecuting a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, provide that information to that government, institution or agency.

Delegation

Marginal note:Minister’s duties

• 39.32 (1) The Minister may authorize an officer or a class of officers to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Part.

• Marginal note:President’s duties

  (2) The President may authorize an officer or a class of officers to exercise powers or perform duties of the President under this Part.

Forms

Marginal note:Declaration

39.33 The Minister may include on any form a declaration, to be signed by the person completing the form, declaring that the information given by that person on the form is true, accurate and complete.

Electronic Administration and Enforcement

Marginal note:Electronic administration and enforcement

• 39.34 (1) This Part may be administered and enforced using electronic means. Any person on whom powers, duties or functions are conferred under this Part may exercise any of those powers or perform any of those duties or functions using the electronic means made available or specified by the Minister.

• Marginal note:Authorization

  (2) Any person who has been authorized to exercise any power or perform any duty or function conferred on a person referred to in subsection (1) under this Part may do so using the electronic means that are made available or specified by the Minister.

Marginal note:Provision of information

39.35 For the purposes of sections 39.36 to 39.38, providing information includes providing a signature and serving, filing or otherwise providing a record or document.

Marginal note:Conditions for electronic version

39.36 A requirement under this Part to provide information — in any form or manner or by any means — is satisfied by providing the electronic version of the information if

• (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister, if any; and

• (b) any prescribed requirements with respect to electronic communications or electronic means have been met.

Marginal note:Deemed timing of receipt

39.37 Any information provided by electronic means, including an electronic system, in accordance with section 39.34 or 39.36, is deemed to be received

• (a) if the regulations provide for a day, on that day;

• (b) if the regulations provide for a day and time, on that day and at that time; or

• (c) if the regulations do not provide for a day or a day and a time, on the day and at the time that the information is sent.

Marginal note:Regulations

• 39.38 (1) The Governor in Council may, on the recommendation of the Minister, make regulations in respect of electronic communications and electronic means, including electronic systems, or any other technology to be used in the administration or enforcement of this Part, including regulations respecting

  • (a) the provision of information for any purpose under this Part in electronic or other form;

  • (b) the payment of amounts under this Part by electronic instructions; and

  • (c) the manner in which and the extent to which any provision of this Part, or its regulations, applies to the electronic communications or electronic means, including electronic systems, and adapting any such provision for the purpose of applying it.

• Marginal note:Classes

  (2) Regulations made for the purpose of section 39.36 may establish classes and distinguish among those classes.

Administrative Monetary Penalties

Marginal note:Regulations

• 39.39 (1) The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with this Part, including regulations

  • (a) designating as a violation the contravention of a specified provision of this Part;

  • (b) classifying each violation or series of violations;

  • (c) respecting the penalties that may be imposed for a violation, including in relation to

    • (i) the amount, or range of amounts, of the penalties that may be imposed on persons or entities or classes of persons or entities,

    • (ii) the factors to be taken into account in imposing a penalty,

    • (iii) the payment of penalties that have been imposed, and

    • (iv) the recovery, as a debt, of unpaid penalties and any additional penalty to be paid in respect of those unpaid penalties;

  • (d) respecting the powers, duties and functions of the Canada Border Services Agency and of any person or class of persons who may exercise powers or perform duties or functions with respect to the scheme, including the designation of such persons or classes of persons by the President of the Agency;

  • (e) respecting the proceedings in respect of a violation, including in relation to

    • (i) commencing the proceedings,

    • (ii) the defences that may be available in respect of a violation, and

    • (iii) the circumstances in which the proceedings may be brought to an end; and

  • (f) respecting reviews or appeals of any orders or decisions in the proceedings.

• Marginal note:Violation or offence

  (2) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

PART 3Financial Transactions and Reports Analysis Centre of Canada

Object

Marginal note:Object

40 The object of this Part is to establish an agency that

• (a) acts at arm’s length and is independent from law enforcement agencies and other entities to which it is authorized to disclose information under subsection 55(3), 55.1(1) or 56.1(1) or (2);

• (b) collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering, of the financing of terrorist activities and of sanctions evasion, and in order to assist the Minister in carrying out the Minister’s powers and duties under Part 1.1;

• (c) ensures that personal information under its control is protected from unauthorized disclosure;

• (d) operates to enhance public awareness and understanding of matters related to money laundering, the financing of terrorist activities and sanctions evasion; and

• (e) ensures compliance with Parts 1 and 1.1.

Establishment of the Centre

Marginal note:Centre established

• 41 (1) There is hereby established the Financial Transactions and Reports Analysis Centre of Canada.

• Marginal note:Powers of Centre

  (2) The Centre may exercise powers only as an agent of Her Majesty in right of Canada.

Marginal note:Minister is responsible

• 42 (1) The Minister is responsible for the Centre.

• Marginal note:Minister may direct

  (2) The Minister may direct the Centre on any matter that, in the Minister’s opinion, materially affects public policy or the strategic direction of the Centre.

• Marginal note:Statutory instruments

  (3) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

• Marginal note:Advisor

  (4) The Minister may from time to time engage the services of any person to advise and report to the Minister on any matter referred to in subsection (2).

Organization and Head Office

Marginal note:Appointment of Director

• 43 (1) The Governor in Council shall appoint a Director to hold office during pleasure for a term of not more than five years.

• Marginal note:Reappointment

  (2) Subject to subsection (3), the Director is eligible to be reappointed on the expiry of a first or subsequent term of office.

• Marginal note:Limitation

  (3) No person shall hold office as Director for terms of more than ten years in the aggregate.

• Marginal note:Absence or incapacity

  (4) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint a qualified person to hold office instead of the Director for a term of not more than six months, and the person shall, while holding that office, have all of the powers, duties and functions of the Director under this Part.

• Marginal note:Delegation by Director

  (5) The Director may delegate to any person, subject to any terms and conditions that the Director may specify, any power, duty or function conferred on the Director under this Act.

Marginal note:Accident compensation

44 The Director and the employees of the Centre are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Director’s powers

• 45 (1) The Director is the chief executive officer of the Centre, has supervision over and direction of its work and employees and may exercise any power and perform any duty or function of the Centre. The Director has the rank and all the powers of a deputy head of a department.

• Marginal note:Directions to authorized persons

  (2) The Director may authorize any person to act, under the Director’s direction, for the purposes of sections 62 to 64.

Marginal note:Employees

46 An employee of the Centre may exercise any power and perform any duty or function of the Centre if the employee is appointed to serve in the Centre in a capacity appropriate to the exercise of the power or the performance of the duty or function.

Marginal note:Remuneration

47 The Director shall be paid the remuneration fixed by the Governor in Council.

Marginal note:Head office

• 48 (1) The head office of the Centre is to be in the National Capital Region, as described in the schedule to the National Capital Act.

• Marginal note:Other offices

  (2) The Director may, with the approval of the Minister, establish other offices of the Centre elsewhere in Canada.

Human Resources

Marginal note:Personnel

• 49 (1) The Director has exclusive authority to

  • (a) appoint, lay off or terminate the employment of the employees of the Centre; and

  • (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of the employment of employees otherwise than for cause.

• Marginal note:Right of employer

  (2) Nothing in the Federal Public Sector Labour Relations Act shall be construed so as to affect the right or authority of the Director to deal with the matters referred to in paragraph (1)(b).

• Marginal note:Human resources management

  (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may

  • (a) determine the organization of and classify the positions in the Centre;

  • (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties;

  • (c) notwithstanding section 112 of the Federal Public Sector Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and

  • (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre.