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| To ensure
compliance
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61. (1) An authorized person may, from
time to time, examine the records and inquire
into the business and affairs of any person or
entity referred to in section 5 for the purpose
of ensuring compliance with Part 1, and for
that purpose may
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(a) at any reasonable time, enter any
premises, other than a dwelling-house, in
which the authorized person believes, on
reasonable grounds, that there are records
relevant to ensuring compliance with Part
1;
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(b) use or cause to be used any computer
system or data processing system in the
premises to examine any data contained in
or available to the system;
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(c) reproduce any record, or cause it to be
reproduced from the data, in the form of a
printout or other intelligible output and
remove the printout or other output for
examination or copying; and
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(d) use or cause to be used any copying
equipment in the premises to make copies
of any record.
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| Assistance to
Centre
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(2) The owner or person in charge of
premises referred to in subsection (1) and
every person found there shall give the
authorized person all reasonable assistance to
enable them to carry out their responsibilities
and shall furnish them with any information
with respect to the administration of Part 1 or
the regulations under it that they may
reasonably require.
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| Warrant
required to
enter
dwelling-hous
e
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62. (1) If the premises referred to in
subsection 61(1) is a dwelling-house, the
authorized person may not enter it without the
consent of the occupant except under the
authority of a warrant issued under subsection
(2).
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| Authority to
issue warrant
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(2) A justice of the peace may issue a
warrant authorizing the authorized person to
enter a dwelling-house, subject to any
conditions that may be specified in the
warrant, if on ex parte application the justice
is satisfied by information on oath that
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(a) there are reasonable grounds to believe
that there are in the premises records
relevant to ensuring compliance with Part
1;
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(b) entry to the dwelling-house is necessary
for any purpose that relates to ensuring
compliance with Part 1; and
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(c) entry to the dwelling-house has been
refused or there are reasonable grounds for
believing that entry will be refused.
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| Areas that
may be
entered
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(3) For greater certainty, an authorized
person who enters a dwelling-house under
authority of a warrant may enter only a room
or part of a room in which the person believes
on reasonable grounds that a person or an
entity referred to in section 5 is carrying on its
business, profession or activity.
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| Definition of
``judge''
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63. (1) In this section, ``judge'' means a
judge of a superior court having jurisdiction in
the province where the matter arises or a judge
of the Federal Court.
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| No
examination
or copying of
certain
documents
when
privilege
claimed
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(2) If an authorized person acting under
section 61 or 62 is about to examine or copy
a document in the possession of a lawyer who
claims that a named client or former client of
the lawyer has a solicitor-client privilege in
respect of the document, the authorized
person shall not examine or make copies of the
document.
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| Retention of
documents
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(3) A lawyer who claims privilege under
subsection (2) shall
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(a) place the document, together with any
other document in respect of which the
lawyer at the same time makes the same
claim on behalf of the same client, in a
package and suitably seal and identify the
package or, if the authorized person and the
lawyer agree, allow the pages of the
document to be initialled and numbered or
otherwise suitably identified; and
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(b) retain it and ensure that it is preserved
until it is produced to a judge as required
under this section and an order is issued
under this section in respect of the
document.
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| Application to
judge
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(4) If a document has been retained under
subsection (3), the client or the lawyer on
behalf of the client may
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(a) within 14 days after the day the
document was begun to be so retained,
apply, on three days notice of motion to the
Deputy Attorney General of Canada, to a
judge for an order
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(i) fixing a day, not later than 21 days
after the date of the order, and a place for
the determination of the question
whether the client has solicitor-client
privilege in respect of the document, and
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(ii) requiring the production of the
document to the judge at that time and
place;
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(b) serve a copy of the order on the Deputy
Attorney General of Canada; and
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(c) if the client or lawyer has served a copy
of the order under paragraph (b), apply at
the appointed time and place for an order
determining the question.
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| Disposition of
application
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(5) An application under paragraph (4)(c)
shall be heard in private and, on the
application, the judge
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(a) may, if the judge considers it necessary
to determine the question, inspect the
document and, if the judge does so, the
judge shall ensure that it is repackaged and
resealed;
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(b) shall decide the question summarily and
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(i) if the judge is of the opinion that the
client has a solicitor-client privilege in
respect of the document, order the release
of the document to the lawyer, or
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(ii) if the judge is of the opinion that the
client does not have a solicitor-client
privilege in respect of the document,
order that the lawyer make the document
available for examination or copying by
the authorized person; and
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(c) at the same time as making an order
under paragraph (b), deliver concise
reasons that identify the document without
divulging the details of it.
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| Order to
deliver
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(6) If a document is being retained under
subsection (3) and a judge, on the application
of the Attorney General of Canada, is satisfied
that no application has been made under
paragraph (4)(a) or that after having made that
application no further application has been
made under paragraph (4)(c), the judge shall
order that the lawyer make the document
available for examination or copying by the
authorized person.
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| Application to
another judge
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(7) If the judge to whom an application has
been made under paragraph (4)(a) cannot act
or continue to act in the application under
paragraph (4)(c) for any reason, the
application under paragraph (4)(c) may be
made to another judge.
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| Costs
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(8) No costs may be awarded on the
disposition of an application under this
section.
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| Prohibition
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(9) The authorized person shall not examine
or make copies of any document without
giving a reasonable opportunity for a claim of
solicitor-client privilege to be made under
subsection (2).
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| Waiver of
claim of
privilege
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(10) If a lawyer has made a claim that a
named client or former client of the lawyer has
a solicitor-client privilege in respect of a
document, the lawyer shall at the same time
communicate to the authorized person the
client's latest known address so that the
authorized person may endeavour to advise
the client of the claim of privilege that has
been made on their behalf and may by doing
so give the client an opportunity, if it is
practicable within the time limited by this
section, to waive the privilege before the
matter is to be decided by a judge.
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| Disclosure to
law
enforcement
agencies
|
64. The Centre may disclose to the
appropriate law enforcement agencies any
information of which it becomes aware under
section 61 or 62 and that it suspects on
reasonable grounds is evidence of a
contravention of Part 1.
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| Power to enter
into
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65. (1) The Centre may, for the purpose of
exercising its powers or performing its duties
and functions under this Part, enter into
contracts, memoranda of understanding and
other agreements with a department or an
agency of the Government of Canada or the
government of a province and with any other
person or organization, whether inside or
outside Canada, in its own name or in the
name of Her Majesty in right of Canada.
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| Agreements re
databases
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(2) Agreements relating to the Centre's
collection of information from databases
referred to in paragraph 53(b) must specify the
nature of and limits with respect to the
information that the Centre may collect from
those databases.
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| Limitation
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(3) Despite subsection (1), only the
Minister may enter into an agreement or
arrangement referred to in section 55.
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| Choice of
service
providers
|
66. Despite section 9 of the Department of
Public Works and Government Services Act,
the Centre may, with the approval of the
Governor in Council given on the
recommendation of the Treasury Board,
procure goods and services, including legal
services, from outside the public service of
Canada.
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| Centre
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67. Actions, suits or other legal proceedings
in respect of any right or obligation acquired
or incurred by the Centre, whether in its own
name or in the name of Her Majesty in right of
Canada, may be brought or taken by or against
the Centre in the name of the Centre in any
court that would have jurisdiction if the Centre
were a corporation that is not an agent of Her
Majesty.
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| No liability
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68. No action lies against Her Majesty, the
Minister, the Director, any employee of the
Centre or any person acting under the
direction of the Director for anything done or
omitted to be done in good faith in the
administration or discharge of any powers,
duties or functions that under this Act are
intended or authorized to be exercised or
performed.
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| Audit
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69. All receipts and expenditures of the
Centre are subject to examination and audit by
the Auditor General of Canada.
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| Annual report
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70. The Director shall, on or before
September 30 of each year following the
Centre's first full year of operations, submit an
annual report on the operations of the Centre
for the preceding year to the Minister, and the
Minister shall table a copy of the report in each
House of Parliament on any of the first 30 days
on which that House is sitting after the
Minister receives the report.
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| Review of Act
by
parliamentary
committee
|
71. Within five years after this section
comes into force, the administration and
operation of this Act shall be reviewed by the
committee of Parliament that may be
designated or established by Parliament for
that purpose and the committee shall submit a
report to Parliament that includes a statement
of any changes to this Act or its administration
that the committee recommends.
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| Regulations
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72. The Governor in Council may, on the
recommendation of the Minister, make
regulations prescribing anything that by this
Part is to be prescribed.
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| General
offences
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73. Every person or entity that knowingly
contravenes section 6, subsection 13(4) or
37(1), section 38, subsection 54(1) or (2),
section 56 or subsection 61(2) or 63(3) or the
regulations is guilty of an offence and liable
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(a) on summary conviction, to a fine of not
more than $50,000 or to imprisonment for
a term of not more than six months, or to
both; or
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(b) on conviction on indictment, to a fine of
not more than $500,000 or to imprisonment
for a term of not more than five years, or to
both.
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| Reporting -
section 7
|
74. (1) Every person or entity that
knowingly contravenes section 7 is guilty of
an offence and liable
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(a) on summary conviction,
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(i) for a first offence, to a fine of not more
than $500,000 or to imprisonment for a
term of not more than six months, or to
both, and
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(ii) for a subsequent offence, to a fine of
not more than $1,000,000 or to
imprisonment for a term of not more than
one year, or to both; or
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(b) on conviction on indictment, to a fine of
not more than $2,000,000 or to
imprisonment for a term of not more than
five years, or to both.
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| Defence for
employees
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(2) No employee of a person or an entity
shall be convicted of an offence under
subsection (1) in respect of a transaction that
they reported to their superior.
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| Disclosure
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75. Every person or entity that contravenes
section 8
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(a) is guilty of an offence punishable on
summary conviction; or
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(b) is guilty of an indictable offence and
liable to imprisonment for a term of not
more than two years.
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| Reporting -
section 9
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76. (1) Every person or entity that
contravenes subsection 9(1) or (3) is guilty of
an offence and liable on summary conviction
to a fine of not more than $500,000 for a first
offence and of not more than $1,000,000 for
each subsequent offence.
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| Due diligence
defence
|
(2) No person or entity shall be convicted of
an offence under subsection (1) if they
exercised all due diligence to prevent its
commission.
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| Liability of
officers and
directors
|
77. If a person or an entity commits an
offence under this Act, any officer, director or
agent of the person or entity who directed,
authorized, assented to, acquiesced in or
participated in its commission is a party to and
guilty of the offence and liable on conviction
to the punishment provided for the offence,
whether or not the person or entity has been
prosecuted or convicted.
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| Offence by
employee or
agent
|
78. In a prosecution for an offence under
section 74 or 76,
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(a) it is sufficient proof of the offence to
establish that it was committed by an
employee or agent of the accused, whether
or not the employee or agent is identified or
has been prosecuted for the offence; and
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(b) no person shall be found guilty of the
offence if they establish that they exercised
all due diligence to prevent its commission.
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| Exemption
|
79. A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under any of sections 73 to 76 if the
peace officer or person does any of the things
mentioned in those sections for the purpose of
investigating a money laundering offence.
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| Time
limitation
|
80. Proceedings under paragraph 73(a),
74(1)(a) or 75(a) or subsection 76(1) may be
instituted within, but not after, one year after
the time when the subject-matter of the
proceedings arose.
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| Venue
|
81. A complaint or information in respect of
an offence under this Act may be heard, tried
or determined by a court if the accused is
resident or carrying on business within the
territorial jurisdiction of the court although
the subject-matter of the complaint or
information did not arise in that territorial
jurisdiction.
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