Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Marginal note:Disclosure by Centre prohibited

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

  • (a) information set out in a report made under section 7;

  • (a.1) information set out in a report made under section 7.1;

  • (b) information set out in a report made under section 9;

  • (b.1) information set out in a report referred to in section 9.1;

  • (c) information set out in a report made under subsection 12(1), whether or not it is completed, or section 20;

  • (d) information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

  • (e) information prepared by the Centre from information referred to in paragraphs (a) to (d); or

  • (f) any other information, other than publicly available information, obtained in the administration or enforcement of this Part.

• Marginal note:Disclosure by others prohibited

  (2) The prohibition in subsection (1) also applies to the following persons:

  • (a) any person who, in the course of exercising powers or performing duties or functions under this Part, obtained or has or had access to information referred to in subsection (1); and

  • (b) any person or an employee of any person with whom the Centre enters into a contract, memorandum of understanding or other agreement for the provision of goods or services.

• Marginal note:Disclosure of designated information

  (3) If the Centre, on the basis of its analysis and assessment under paragraph 54(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, the Centre shall disclose the information to

  • (a) the appropriate police force;

  • (b) the Canada Revenue Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;

  • (b.1) the Canada Border Services Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency; and

  • (c) [Repealed, 2001, c. 41, s. 67]

  • (d) the Canada Border Services Agency, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act.

• Marginal note:Exception

  (3.1) Paragraph (3)(b) or (b.1) does not apply in respect of an offence relating to taxes or duties imposed under a prescribed Act or a prescribed portion of an Act.

• (4) and (5) [Repealed, 2001, c. 41, s. 67]

• Marginal note:Recording of reasons for decision

  (5.1) The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (3).

• Marginal note:Exception

  (6) A person may disclose any information referred to in subsection (1) if the disclosure is necessary for the purpose of exercising powers or performing duties and functions under this Part.

• Marginal note:Definition of “designated information”

  (7) For the purposes of subsection (3), designated information means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

  • (a) the name of the client or of the importer or exporter, or any person acting on their behalf;

  • (b) the name and address of the place of business where the transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, importation or exportation occurred;

  • (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction, if no currency or monetary instruments are involved, the value of the transaction or the value of the funds that are the subject of the transaction;

  • (d) in the case of a transaction, the transaction number and the account number, if any; and

  • (e) any other similar identifying information that may be prescribed for the purposes of this section.