Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
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Assented to 2014-06-19
PART 6VARIOUS MEASURES
Division 19Money Laundering and Terrorist Financing
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Marginal note:2001, c. 41, s. 61
274. Section 25 of the Act is replaced by the following:
Marginal note:Request for Minister’s decision
25. A person from whom currency or monetary instruments were seized under section 18, or the lawful owner of the currency or monetary instruments, may, within 90 days after the date of the seizure, request a decision of the Minister as to whether subsection 12(1) was contravened, by giving notice to the Minister in writing or by any other means satisfactory to the Minister.
Marginal note:Extension of time by Minister
25.1 (1) If no request for a decision of the Minister is made under section 25 within the period provided in that section, the person or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request.
Marginal note:Reasons
(2) An application shall set out the reasons why the request was not made on time.
Marginal note:Burden of proof
(3) The burden of proof that an application has been made under subsection (1) lies on the person or lawful owner claiming to have made it.
Marginal note:Notice of decision
(4) The Minister shall, without delay after making a decision in respect of an application, notify the applicant in writing of the decision.
Marginal note:Conditions for granting application
(5) The application is not to be granted unless
(a) it is made within one year after the end of the period provided in section 25; and
(b) the applicant demonstrates that
(i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,
(ii) it would be just and equitable to grant the application, and
(iii) the application was made as soon as circumstances permitted.
Marginal note:Extension of time by Federal Court
25.2 (1) The person or lawful owner referred to in section 25 may apply to the Federal Court to have their application under section 25.1 granted
(a) within the period of 90 days after the Minister dismisses that application, if it is dismissed; or
(b) after 90 days have expired after that application was made, if the Minister has not notified the person or lawful owner of a decision made in respect of it.
Marginal note:Application process
(2) The application shall be made by filing in the Federal Court a copy of the application made under section 25.1, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it.
Marginal note:Powers of the Court
(3) The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 25 be deemed to have been made on the date the order was made.
Marginal note:Conditions for granting application
(4) The application is not to be granted unless
(a) the application under subsection 25.1(1) was made within one year after the end of the period provided in section 25; and
(b) the person or lawful owner making the application demonstrates that
(i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,
(ii) it would be just and equitable to grant the application, and
(iii) the application was made as soon as circumstances permitted.
Marginal note:2006, c. 12, s. 22(1)
275. (1) Subsection 36(1.1) of the Act is replaced by the following:
Marginal note:Use of information
(1.1) An officer may use information referred to in subsection (1) if the officer has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act.
(2) Subsection 36(3.1) of the Act is replaced by the following:
Marginal note:Disclosure of information to Canada Revenue Agency
(3.01) An officer may disclose to the Canada Revenue Agency information referred to in subsection (1) about the circumstances of a seizure under subsection 18(1) if the officer has reasonable grounds to suspect that the currency or monetary instruments seized
(a) are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities; and
(b) relate to a registered charity as defined in subsection 248(1) of the Income Tax Act, to an entity that has applied for registration as such a registered charity, or to a person or any other entity that solicits charitable financial donations from the public.
Marginal note:Recording of reasons for decision
(3.1) If an officer decides to disclose information under any of subsections (2) to (3.01), the officer shall record in writing the reasons for the decision.
276. (1) The portion of section 40 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Object
40. The object of this Part is to establish an agency that
(2) Paragraph 40(a) of the Act is replaced by the following:
(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);
(3) Paragraph 40(d) of the Act is replaced by the following:
(d) operates to enhance public awareness and understanding of matters related to money laundering and the financing of terrorist activities; and
Marginal note:2010, c. 12, s. 1871
277. Subsections 52(2) to (4) of the Act are replaced by the following:
Marginal note:Director to report to Minister
(1.1) On or before September 30 of each year, the Director shall submit to the Minister a report on the Centre’s activities for the preceding year that includes the following information about that year’s activities as well as information on any matters that the Minister or an officer of the Department of Finance specifies:
(a) a description of the activities carried out by the Centre to ensure compliance with Parts 1 and 1.1, including a description of those activities by class of persons or entities referred to in section 5, and of its conclusions as to the compliance of those persons or entities with Parts 1 and 1.1;
(b) any measures undertaken under paragraph 58(1)(c); and
(c) a description, with the relevant statistics included, of the results achieved by and the effectiveness of the Centre in the exercise of its powers and the performance of its duties and functions.
Marginal note:Obligation to inform
(2) The Director shall keep the Minister and any officer of the Department of Finance whom the Director considers appropriate informed of any matter that could materially affect public policy or the strategic direction of the Centre, and any other matter that the Minister considers necessary.
Marginal note:Director to disclose other information
(3) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.
Marginal note:Disclosure of information to advisor
(4) The Director shall disclose to a person engaged under subsection 42(4), in the form and manner that the person directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).
Marginal note:2010, c. 12, s. 1872
278. Sections 53 to 53.2 of the Act are replaced by the following:
Marginal note:Limitation
53. (1) The Director shall not disclose under section 52
(a) any information collected by the Centre under subparagraph 54(1)(b)(ii);
(b) any information referred to in paragraphs 55(1)(a) to (b.1), (c) or (d);
(c) any information referred to in paragraph 55(1)(e) that the Centre prepared for possible disclosure under subsection 55(3), section 55.1 or subsection 56.1(1) or (2); or
(d) any information that would directly or indirectly identify a client or employee of a person or entity referred to in section 5.
Marginal note:Clarification
(2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under section 52, the Director shall provide the document with that information excluded.
Marginal note:Director or officer to disclose information for the purpose of Part 1.1
53.1 (1) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under Part 1.1.
Marginal note:Director may disclose information
(2) If the Director is of the opinion that information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), would assist the Minister in carrying out the Minister’s powers and duties under Part 1.1, the Director may disclose that information or analysis to the Minister or any officer of the Department of Finance whom the Director considers appropriate.
Marginal note:Limitation
53.2 (1) The Director shall not disclose under section 53.1 any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.
Marginal note:Clarification
(2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required or permitted to be disclosed under section 53.1, the Director shall provide the document with that information excluded.
Marginal note:2010, c. 12, s. 1872
279. The portion of subsection 53.3(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Director to seek consent
53.3 (1) The Director shall seek consent for disclosure of information that was provided to the Centre in confidence by the institutions, agencies or organizations mentioned in paragraph (a), (b) or (c), as the case may be, if that information is contained in the information or analysis requested by the Minister or an officer of the Department of Finance under subsection 53.1(1):
Marginal note:2004, c. 15, s. 100; 2010, c. 12, s. 1873
280. (1) The portion of section 54 of the Act before paragraph (c) is replaced by the following:
Marginal note:Reports and information
54. (1) The Centre
(a) shall receive reports made under section 7, 7.1, 9, 12 or 20, or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;
(b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that
(i) is publicly available, including in a commercially available database, or
(ii) is stored in a database maintained, for purposes related to law enforcement or national security, by the federal government, by a provincial government, by the government of a foreign state or by an international organization, if an agreement was entered into under subsection 66(1) to collect such information;
(2) Section 54 of the Act is amended by adding the following after subsection (1):
Marginal note:Destruction of certain information
(2) The Centre shall destroy any information contained in a document, whether in written form or in any other form, that it receives that purports to be a report made under section 7, 7.1, 9 or 12, made in accordance with a directive issued under Part 1.1, sent under subsection 14(5) or referred to in section 9.1, and that it determines, in the normal course of its activities, relates to a financial transaction or circumstance that is not required to be reported to the Centre under this Act, and shall destroy any information voluntarily provided to the Centre by the public that it determines, in the normal course of its activities, is not about suspicions of money laundering or the financing of terrorist activities. The Centre shall destroy the information within a reasonable time after the determination is made.
Marginal note:2006, c. 12, s. 25
281. Subsection 54.1(5) of the Act is replaced by the following:
Marginal note:Analysis of information
(5) 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:2006, c. 12, s. 26(1)
282. (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disclosure by Centre prohibited
55. (1) Subject to subsections (3) and (6.1), sections 52, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
Marginal note:2001, c. 41, s. 67(5)
(2) The portion of subsection 55(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disclosure of designated information
(3) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(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
Marginal note:2010, c. 12, s. 1874
(3) Paragraph 55(3)(b) of the Act is replaced by the following:
(b) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;
(4) Paragraph 55(3)(c) of the Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) whether a person or entity that the Centre has reasonable grounds to suspect may apply to be a registered charity, as defined in subsection 248(1) of the Income Tax Act,
(A) has made or will make available any resources, directly or indirectly, to a listed entity as defined in subsection 83.01(1) of the Criminal Code,
(B) has made available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that was at that time, and continues to be, engaged in terrorist activities as defined in that subsection or activities in support of them, or
(C) has made or will make available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that engages or will engage in terrorist activities as defined in that subsection or activities in support of them;
Marginal note:2006, c. 12, s. 26(4)
(5) Paragraphs 55(3)(d) and (e) of the Act are replaced by the following:
(d) the Canada Border Services Agency, if the Centre also determines that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act;
(e) the Canada Border Services Agency, if the Centre also determines that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation or exportation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament; and
(6) Section 55 of the Act is amended by adding the following after subsection (6):
Marginal note:Publication
(6.1) After a person has been determined by a court to be guilty of a money laundering offence or a terrorist activity financing offence, or has been determined by a foreign court to be guilty of an offence that is substantially similar to either of those offences, whether on acceptance of a plea of guilty or on a finding of guilt, the Centre may, if it has disclosed designated information under subsection (3) with respect to the investigation or prosecution of the offence, make public the fact that it made such a disclosure.
Marginal note:2006, c. 12, s. 26(5)
(7) Paragraph 55(7)(a) of the Act is replaced by the following:
(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;
Marginal note:2006, c. 12, s. 26(6)
(8) Paragraph 55(7)(k) of the Act is replaced by the following:
(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;
(9) Subsection 55(7) of the Act is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (n):
(o) information about the importation or exportation that was reported to the Centre under section 20;
(p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; and
(q) information about the transaction, attempted transaction, importation or exportation, received by the Centre from an institution or agency under an agreement or arrangement referred to in section 56, that constitutes the institution’s or agency’s reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.
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