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| Interest as
owner
|
33. (1) If currency or monetary instruments
have been seized as forfeit under this Part, any
person, other than the person in whose
possession the currency or monetary
instruments were when seized, who claims an
interest in the currency or monetary
instruments as owner may, within 60 days
after the seizure, apply by notice in writing to
the court for an order under section 34.
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| Date of
hearing
|
(2) A judge of the court to which an
application is made under this section shall fix
a day, not less than 30 days after the date of the
filing of the application, for the hearing.
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| Notice to
Deputy
Minister
|
(3) A person who makes an application
under this section shall serve notice of the
application and of the hearing on the Deputy
Minister, or an officer designated by the
Deputy Minister for the purpose of this
section, not later than 15 days after a day is
fixed under subsection (2) for the hearing of
the application.
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| Service of
notice
|
(4) The service of a notice under subsection
(3) is sufficient if it is sent by registered mail
addressed to the Deputy Minister.
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| Definition of
``court''
|
(5) In this section and sections 34 and 35,
``court'' means
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(a) in the Province of Ontario, the Superior
Court of Justice;
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(b) in the Province of Quebec, the Superior
Court;
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(c) in the Provinces of Nova Scotia and
British Columbia, the Yukon Territory and
the Northwest Territories, the Supreme
Court;
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(d) in the Provinces of New Brunswick,
Manitoba, Saskatchewan and Alberta, the
Court of Queen's Bench;
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(e) in the Provinces of Prince Edward Island
and Newfoundland, the Trial Division of
the Supreme Court; and
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(f) in Nunavut, the Nunavut Court of
Justice.
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| Order
|
34. If, on the hearing of an application made
under subsection 33(1), the court is satisfied
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(a) that the applicant acquired the interest in
good faith before the contravention in
respect of which the seizure was made,
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(b) that the applicant is innocent of any
complicity in the contravention of
subsection 13(1) that resulted in the seizure
and of any collusion in relation to that
contravention, and
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(c) that the applicant exercised all
reasonable care to ensure that any person
permitted to obtain possession of the
currency or monetary instruments seized
would report them in accordance with
subsection 13(1),
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the applicant is entitled to an order declaring
that their interest is not affected by the seizure
and declaring the nature and extent of their
interest at the time of the contravention.
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| Appeal
|
35. (1) A person who makes an application
under section 33 or the Crown may appeal to
the court of appeal from an order made under
section 34 and the appeal shall be asserted,
heard and decided according to the ordinary
procedure governing appeals to the court of
appeal from orders or judgments of a court.
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| Definition of
``court of
appeal''
|
(2) In this section, ``court of appeal'' means,
in the province in which an order referred to in
subsection (1) is made, the court of appeal for
that province as defined in section 2 of the
Criminal Code.
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| Delivery after
final order
|
36. (1) The Minister of Public Works and
Government Services shall, after the
forfeiture of currency or monetary
instruments has become final and on being
informed by the Deputy Minister that a person
has obtained a final order under section 34 or
35 in respect of the currency or monetary
instruments, give to the person
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(a) the currency or monetary instruments;
or
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(b) an amount calculated on the basis of the
interest of the applicant in the currency or
monetary instruments at the time of the
contravention in respect of which they were
seized, as declared in the order.
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| Limit on
amount paid
|
(2) The total amount paid under paragraph
(1)(b) shall, if the currency or monetary
instruments were sold or otherwise disposed
of under the Seized Property Management
Act, not exceed the proceeds of the sale or
disposition, if any, less any costs incurred by
Her Majesty in respect of the currency or
monetary instruments.
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| Prohibition
|
37. (1) Subject to this section and
subsection 12(1) of the Privacy Act, no official
shall disclose the following:
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(a) information set out in a report made
under subsection 13(1), whether or not it is
completed;
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(b) any other information obtained for the
purposes of this Part; or
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(c) information prepared from information
referred to in paragraph (a) or (b).
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| Information
relevant to a
money
laundering
offence
|
(2) An officer who has reasonable grounds
to suspect that information referred to in
subsection (1) would be relevant to
investigating or prosecuting a money
laundering offence may disclose the
information to the appropriate police force.
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| Powers, duties
and functions
|
(3) An official may disclose information
referred to in subsection (1) for the purpose of
exercising powers or performing duties and
functions under this Part.
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| Immunity
from
compulsory
processes
|
(4) An official is required to comply with a
subpoena, an order for production of
documents, a summons or any other
compulsory process only if it is issued in the
course of
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(a) criminal proceedings under an Act of
Parliament that have been commenced by
the laying of an information or the
preferring of an indictment; or
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|
(b) any legal proceedings that relate to the
administration or enforcement of this Part.
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| Definition of
``official''
|
(5) In this section and section 38, ``official''
means a person who obtained or who has or
had access to information referred to in
subsection (1) in the course of exercising
powers or performing duties and functions
under this Part.
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| Use of
information
|
38. No official shall use information
referred to in subsection 37(1) for any purpose
other than exercising powers or performing
duties and functions under this Part.
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| Minister's
duties
|
39. (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.
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| Deputy
Minister's
duties
|
(2) The Deputy Minister may authorize an
officer or a class of officers to exercise powers
or perform duties of the Deputy Minister
under this Part.
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| Regulations
|
40. The Governor in Council may, on the
recommendation of the Minister, make
regulations
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(a) defining the expression ``monetary
instruments'';
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(b) respecting the form and manner of
reporting currency and monetary
instruments for the purpose of subsection
13(1) and specifying the period within
which the reporting must be made;
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(c) prescribing an amount for the purpose of
subsection 13(1);
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(d) prescribing anything else that by this
Part is to be prescribed; and
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(e) generally for carrying out the purposes
and provisions of this Part.
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| Object
|
41. The object of this Part is to establish an
independent agency that
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(a) acts at arm's length from law
enforcement agencies and other entities to
which it is authorized to disclose
information;
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(b) collects, analyses, assesses and
discloses information in order to assist in
the detection, prevention and deterrence of
money laundering;
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(c) ensures that personal information under
its control is protected from unauthorized
disclosure; and
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(d) ensures compliance with Part 1.
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| Centre
established
|
42. There is hereby established the
Financial Transactions and Reports Analysis
Centre of Canada, which may exercise powers
only as an agent of Her Majesty in right of
Canada.
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| Minister is
responsible
|
43. The Minister is responsible for and has
the overall direction of the Centre.
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| Appointment
of Director
|
44. (1) The Governor in Council shall
appoint a Director to hold office during
pleasure for a term of not more than five years.
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| Reappointmen
t
|
(2) Subject to subsection (3), the Director is
eligible to be reappointed on the expiry of a
first or subsequent term of office.
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| Limitation
|
(3) No person shall hold office as Director
for terms of more than ten years in the
aggregate.
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|
| 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.
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| Accident
compensation
|
45. The Director is deemed to be an
employee for the purposes of the Government
Employees Compensation Act and to be
employed in the public service of Canada for
the purposes of any regulations made under
section 9 of the Aeronautics Act.
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|
| Director's
powers
|
46. (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.
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| Directions to
authorized
persons
|
(2) The Director may authorize any person
to act, under the Director's direction, for the
purposes of sections 61 to 63.
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|
| Employees
|
47. 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.
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|
| Remuneration
|
48. The Director shall be paid the
remuneration fixed by the Governor in
Council.
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|
| Head office
|
49. (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.
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| Other offices
|
(2) The Director may, with the approval of
the Minister, establish other offices of the
Centre elsewhere in Canada.
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|
| Separate
employer
|
50. (1) The Director has exclusive authority
to
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|
|
(a) appoint, lay off or terminate the
employment of the employees of the
Centre; and
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|
|
(b) establish standards, procedures and
processes governing staffing, including the
appointment, lay-off or termination of the
employment of employees otherwise than
for cause.
|
|
| Right of
employer
|
(2) Nothing in the Public Service Staff
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).
|
|
| Personnel
management
|
(3) Subsection 11(2) of the Financial
Administration Act does not apply to the
Centre, and the Director may
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|
|
(a) determine the organization of and
classify the positions in the Centre;
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|
(b) set the terms and conditions of
employment for employees, including
termination of employment for cause, and
assign to them their duties;
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|
(c) subject to the approval of the Treasury
Board, fix the remuneration of the
employees of the Centre; and
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|
(d) provide for any other matters that the
Director considers necessary for effective
personnel management in the Centre.
|
|
| Political
partisanship
|
51. Sections 32 to 34 of the Public Service
Employment Act apply to the Director and
employees of the Centre. For the purposes of
those sections, the Director is deemed to be a
deputy head and the employees are deemed to
be employees as defined in section 2 of that
Act.
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