Authority to Provide Services

Authority to provide services

52. When a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act is authorized to provide services to another department or portion of the public service of Canada specified in that Schedule, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

Powers and Duties of the Centre

Reports and information

53. The Centre

    (a) shall receive reports made under section 7, 9, 13 or 21, incomplete reports sent to the Centre under subsection 15(5), 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 about suspicions of money laundering that is voluntarily provided to the Centre;

    (b) may collect information that the Centre considers relevant to money laundering activities and that is publicly available or that is stored in databases maintained by the federal or provincial governments for purposes related to law enforcement and in respect of which an agreement was entered into under subsection 65(1);

    (c) shall analyse and assess the reports and information; and

    (d) subject to section 6 of the Privacy Act, shall retain each report and all information for a minimum of five years and a maximum of eight years after the report is received or the information is received or collected.

Disclosure and Use of Information

Disclosure by Centre prohibited

54. (1) Subject to subsections (3) and (4), subsection 57(1) and section 64 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;

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

    (c) information set out in a report made under subsection 13(1), whether or not it is completed, or section 21;

    (d) information about suspicions of money laundering that is provided voluntarily to the Centre;

    (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.

Disclosure by any person prohibited

(2) Subject to subsection (5), subsection (1) applies to any person who obtained or who has or had access to the information referred to in that subsection in the course of exercising powers or performing duties and functions under this Act, other than Part 2.

Disclosure of designated information

(3) If the Centre, on the basis of its analysis and assessment under paragraph 53(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence, the Centre shall disclose the information to

    (a) the appropriate police force;

    (b) the Department of National Revenue, if the Centre 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;

    (c) the Canadian Security Intelligence Service, if the Centre determines that the information is relevant to threats to the security of Canada within the meaning of section 2 of the Canadian Security Intelligence Service Act; and

    (d) the Department of Citizenship and Immigration, if the Centre determines that the information would promote the objective set out in paragraph 3(j) of the Immigration Act and is relevant to determining whether a person is a person described in subsection 19(1) or (2) or section 27 of that Act or to an offence under section 94.1, 94.2, 94.4, 94.5 or 94.6 of that Act.

Disclosure to foreign agencies

(4) The Centre may disclose designated information to an institution or agency of a foreign state or of an international organization established by the governments of foreign states that has powers and duties similar to those of the Centre if

    (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation of a money laundering offence or a substantially similar offence; and

    (b) the Minister has, in accordance with section 55, entered into an arrangement or agreement with that foreign state or international organization regarding the exchange of such information.

Exception

(5) A person may disclose information referred to in subsection (1) for the purpose of exercising powers or performing duties and functions under this Act, other than Part 2.

Definition of ``designated information''

(6) For the purposes of subsections (3) and (4), ``designated information'' means, in respect of a suspicious 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 information that may be prescribed.

Agreements and arrangements

55. (1) The Minister may enter into an agreement or arrangement, in writing, with the government of a foreign state or an international organization established by the governments of foreign states regarding the exchange, between the Centre and any institution or agency of that state or organization that has powers and duties similar to those of the Centre, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a substantially similar offence.

Purposes

(2) Agreements or arrangements entered into under subsection (1) must restrict the use of information to purposes relevant to investigating or prosecuting a money laundering offence or a substantially similar offence.

Use of information

56. No person who obtained or who has or had access to information referred to in subsection 54(1) in the course of exercising powers or performing duties and functions under this Act, other than Part 2, shall use the information for a purpose other than exercising those powers or performing those duties and functions.

Feedback, research and public education

57. (1) The Centre may

    (a) inform persons and entities that have provided a report under section 7 or 9 about measures that have been taken with respect to reports of transactions under those sections;

    (b) conduct research into trends and developments in the area of money laundering and improved ways of detecting, preventing and deterring money laundering; and

    (c) undertake measures to inform the persons and entities referred to in section 5, authorities engaged in the investigation and prosecution of money laundering offences and others with respect to the nature and extent of money laundering in Canada and measures that might be taken to detect, prevent and deter money laundering in Canada.

Limitation

(2) The Centre may not disclose any information that would identify a person or an entity about whom a report was provided.

Immunity from compulsory processes

58. (1) The Centre, and any person who has obtained or who has or had access to any information or documents in the course of exercising powers or performing duties and functions under this Act, other than Part 2, 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 court proceedings in respect of a money laundering offence or an offence under this Act in respect of which an information has been laid or an indictment preferred.

Search warrants

(2) Despite any other Act, no search warrant may be issued in respect of the Centre.

Limitation on orders for disclosure of information

59. (1) Despite any other Act, an order for disclosure of information may be issued in respect of the Centre only under subsection (4).

Purpose of application

(2) The Attorney General may, for the purposes of an investigation in respect of a money laundering offence, make an application under subsection (3) for an order for disclosure of information.

Application

(3) An application shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General - or a person specially designated by the Attorney General for that purpose - deposing to the following matters:

    (a) the offence under investigation;

    (b) the person in relation to whom the information or documents referred to in paragraph (c) are required;

    (c) the type of information or documents - whether in written form, in the form of a report or record or in any other form - obtained by or on behalf of the Director in respect of which disclosure is sought;

    (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of a money laundering offence and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of that offence;

    (e) a summary of any information already received from the Centre in respect of the offence; and

    (f) information respecting all previous applications brought under this section in respect of any person being investigated for the offence.

Order for disclosure of information

(4) Subject to the conditions that the judge considers advisable in the public interest, the judge to whom an application is made may order the Director - or any person specially designated in writing by the Director for the purposes of this section - to allow a police officer named in the order to have access to and examine all information and documents to which the application relates or, if the judge considers it necessary in the circumstances, to produce the information and documents to the police officer and allow the police officer to remove them, where the judge is satisfied

    (a) of the matters referred to in paragraph (3)(d); and

    (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained.

The order must be complied with within the period following the service of the order that the judge may specify.

Execution in another province

(5) A judge may, if the information or documents in respect of which disclosure is sought are in a province other than the one in which the judge has jurisdiction, issue an order for disclosure and the order may be executed in the other province after it has been endorsed by a judge who has jurisdiction in that other province.

Service of order

(6) A copy of the order shall be served on the person to whom it is addressed in the manner that the judge directs or as may be prescribed by rules of court.

Extension of period for compliance with order

(7) A judge who makes an order under subsection (4) may, on application of the Director, extend the period within which it is to be complied with.

Objection to disclosure of information

(8) The Director - or any person specially designated in writing by the Director for the purposes of this section - may object to the disclosure of any information or document in respect of which an order under subsection (4) has been made by certifying orally or in writing that it should not be disclosed on the ground that

    (a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement respecting the sharing of information related to a money laundering offence or a substantially similar offence to which the Government of Canada is a signatory;

    (b) a privilege is attached by law to the information or document;

    (c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or

    (d) disclosure of the information or document would not, for any other reason, be in the public interest.

Determination of objection

(9) An objection made under subsection (8) may be determined, on application, in accordance with subsection (10), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications.

Judge may examine information

(10) A judge who is to determine an objection may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made. The judge shall grant the objection and order that disclosure be refused if the judge is satisfied of any of the grounds mentioned in subsection (8).

Limitation period

(11) An application under subsection (9) shall be made within 10 days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances.

Appeal to Federal Court of Appeal

(12) An appeal lies from a determination under subsection (9) to the Federal Court of Appeal.

Limitation period for appeal

(13) An appeal under subsection (12) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

Special rules for hearings

(14) An application under subsection (9) or an appeal brought in respect of that application shall

    (a) be heard in private; and

    (b) on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

Ex parte representation s

(15) During the hearing of an application under subsection (9) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

Copies

(16) Where any information or document is examined or provided under subsection (4), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

Definitions

(17) The definitions in this subsection apply in this section.

``Attorney General''
« procureur général »

``Attorney General'' means the Attorney General as defined in section 2 of the Criminal Code.

``judge''
« juge »

``judge'' means a judge as defined in section 462.3 of the Criminal Code.

``police officer''
« policier »

``police officer'' means any officer, constable or other person employed for the preservation and maintenance of the public peace.

Certain provisions of Income Tax Act and Excise Tax Act not applicable

60. Section 231.2 of the Income Tax Act and section 289 of the Excise Tax Act do not apply to the Centre or to its employees in their capacity as employees.