Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)
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Act current to 2025-05-27 and last amended on 2025-04-01. Previous Versions
PART 2.1Reporting of Goods (continued)
Electronic Administration and Enforcement (continued)
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.
- 2000, c. 17, s. 40
- 2001, c. 41, s. 65
- 2010, c. 12, s. 1870
- 2014, c. 20, s. 276
- 2024, c. 15, s. 286
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.
- 2000, c. 17, s. 44
- 2003, c. 22, s. 224(E)
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.
- 2000, c. 17, s. 49
- 2003, c. 22, ss. 190, 223(A)
- 2017, c. 9, s. 55
Marginal note:Political activities
50 Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act.
- 2000, c. 17, s. 50
- 2003, c. 22, s. 242
Appropriation
Marginal note:Advance amounts out of C.R.F.
50.1 (1) Subject to subsection (2), the Minister may, in any fiscal year on terms and conditions — including the rate of interest, if any — that are determined by the Minister, advance amounts out of the Consolidated Revenue Fund to the Centre to permit it to defray its costs of operation.
Marginal note:Spending authority
(2) In carrying out its responsibilities, the Centre may spend assessments and other revenues received through the conduct of its operations in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. The amount of those assessments or other revenues shall be paid out of the Consolidated Revenue Fund.
Marginal note:Payment for activity
(3) If the Centre carries on any activity under paragraph 58(1)(b) or (c) on the Minister’s recommendation, the Minister may on terms and conditions approved by the Treasury Board, in any fiscal year, make a payment out of the Consolidated Revenue Fund to the Centre for the purposes of the activity.
Authority to Provide Services
Marginal note:Authority to provide services
51 When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.
- 2000, c. 17, s. 51
- 2003, c. 22, s. 191
Assessments
Marginal note:Centre to ascertain expenses
51.1 (1) The Centre shall, before December 31 in each year, ascertain the total amount of prescribed expenses — excluding the expenses incurred for the disclosure of designated information under subsection 55(3), 55.1(1) or 56.1(1), (2) or (3) and for the analysis and assessment of reports and information made for the purposes of that disclosure — incurred during the immediately preceding fiscal year for or in connection with the administration of this Act.
Marginal note:Amount conclusive
(2) The amount ascertained under subsection (1) is final and conclusive for the purposes of this section.
Marginal note:Assessment
(3) As soon as feasible after ascertaining the amount under subsection (1), the Centre shall assess a portion of the total amount of expenses against every prescribed person or entity referred to in section 5 to the prescribed extent and in the prescribed manner.
Marginal note:Interim assessment
(4) The Centre may, during each fiscal year, make an interim assessment against any person or entity referred to in section 5.
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