PART 5

CONSEQUENTIAL AND CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Consequential Amendments

R.S., c. A-1

Access to Information Act

82. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Financial Transactions and Reports Analysis Centre of Canada

    Centre d'analyse des opérations et déclarations financières du Canada

83. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Proceeds of Crime (Money Laundering) Act

    Loi sur le recyclage des produits de la criminalité

and, opposite thereto, a reference to ``paragraphs 54(1)(a), (d) and (e)''.

R.S., c. C-10

Canada Post Corporation Act

R.S., c. 1 (2nd Supp.), s. 170(2)

84. Subsection 40(3) of the Canada Post Corporation Act is replaced by the follow ing:

Liability to seizure

(3) Notwithstanding any other Act or law, but subject to this Act and the regulations and to the Canadian Security Intelligence Service Act, the Customs Act and the Proceeds of Crime (Money Laundering) Act , nothing in the course of post is liable to demand, seizure, detention or retention .

R.S., c. 1 (2nd Supp.), s. 171

85. Subsections 42(2) to (3) of the Act are replaced by the following:

Mail in the course of post

(2) All mail that is submitted to a customs officer under this section remains, for the purposes of this Act, in the course of post unless it is seized under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) Act .

Notice of seizure or detention

(2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) Act , notice of the seizure or detention shall be given in writing to the Corporation within sixty days after the seizure or detention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.

Mail subject to customs laws

(3) A customs officer shall deal with all mail submitted to the officer under this section in accordance with the laws relating to customs and the importation of goods or currency and monetary instruments and, subject to those laws, shall deliver that mail to its addressee, on payment of any postage due on it , or shall return it to the Corporation.

R.S., c. 1 (2nd Supp.), s. 172(1)

86. Section 48 of the Act is replaced by the following:

Opening mail

48. Every person commits an offence who, except where expressly authorized by or under this Act, the Customs Act or the Proceeds of Crime (Money Laundering) Act , knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.

R.S., c. C-46

Criminal Code

R.S., c. 27 (1st Supp.), s. 71

87. Subsection 488.1(11) of the Criminal Code is replaced by the following:

Exception

(11) This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) Act .

R.S., c. P-21

Privacy Act

88. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Financial Transactions and Reports Analysis Centre of Canada

    Centre d'analyse des opérations et déclarations financières du Canada

R.S. c. P-35

Public Service Staff Relations Act

89. Part II of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order:

Financial Transactions and Reports Analysis Centre of Canada

    Centre d'analyse des opérations et déclarations financières du Canada

R.S., c. P-36

Public Service Superannuation Act

90. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Financial Transactions and Reports Analysis Centre of Canada

    Centre d'analyse des opérations et déclarations financières du Canada

1993, c. 37

Seized Property Management Act

91. Paragraph 3(b) of the Seized Property Management Act is amended by striking out the word ``or'' at the end of subparagraph (ii), by adding the word ``or'' at the end of subparagraph (iii) and by adding the fol lowing after subparagraph (iii):

      (iv) forfeited under subsection 15(5), seized under subsection 19(1) or paid under subsection 19(2) of the Proceeds of Crime (Money Laundering) Act;

92. Subsection 4(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (b.1) forfeited under subsection 15(5), seized under paragraph 19(1) or paid under subsection 19(2) of the Proceeds of Crime (Money Laundering) Act; or

1995, c. 22, s. 18 (Sch. IV, item 11)

93. Paragraph 9(e) of the Act is replaced by the following:

    (e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine , imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 19(2) of the Proceeds of Crime (Money Laundering) Act , share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11;

1997, c. 23, s. 23

94. Section 10 of the Act is renumbered as subsection 10(1) and is amended by adding the following:

Proceeds of Crime (Money Laundering) Act

(2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) Act or the payment of a penalty under subsection 19(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be.

1997, c. 23, s. 24

95. Section 11 of the Act is replaced by the following:

Sharing outside Canada

11. The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of

    (a) the proceeds of disposition of

      (i) property forfeited to Her Majesty under subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) Act , or

      (ii) property that is or was the subject of a management order and that was forfeited under subsection 490(9) of the Criminal Code

    and the proceeds arising from the disposition of property by that foreign state, and

    (b) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, penalties paid under subsection 19(2) of the Proceeds of Crime (Money Laundering) Act and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws of that foreign state,

if law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine or if the law enforcement agencies' participation led to the forfeiture of the property or the payment of the penalty under the Proceeds of Crime (Money Laundering) Act .

Conditional Amendments

1999, c. 17

96. (1) On the later of the coming into force of section 2 of this Act and the coming into force of section 186 of the Canada Customs and Revenue Agency Act, being chapter 17 of the Statutes of Canada, 1999,

    (a) the definition ``Deputy Minister'' in section 2 of this Act is repealed;

    (b) section 2 of this Act is amended by adding the following in alphabetical order:

``Commission er''
« commissaire »

``Commissioner'' has the same meaning as in section 2 of the Canada Customs and Revenue Agency Act.

    (c) the expressions ``Deputy Minister'' and ``Deputy Minister's'' are replaced by the words ``Commissioner'' and ``Commissioner's'', respectively, in the following provisions of this Act:

      (i) section 21,

      (ii) section 27,

      (iii) section 32,

      (iv) subsections 33(3) and (4),

      (v) subsection 36(1), and

      (vi) subsection 39(2).

1999, c. 17

(2) On the later of the coming into force of section 54 of this Act and the coming into force of section 186 of the Canada Customs and Revenue Agency Act, being chapter 17 of the Statutes of Canada, 1999, paragraph 54(3)(b) of this Act is replaced by the following:

    (b) the Canada Customs and Revenue Agency, 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;

Bill C-54

97. If Bill C-54, introduced in the first session of the thirty-sixth Parliament and entitled An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act (referred to in this section as ``that Act''), is assented to, then, on the later of the coming into force of section 9 of that Act and section 7 of this Act,

    (a) subsection 5(1) of that Act is replaced by the following:

Compliance with obligations

5. (1) Subject to sections 6 to 9.1, every organization shall comply with the obligations set out in Schedule 1.

    (b) that Act is amended by adding the following after section 9:

No disclosure of information in a report

9.1 (1) An organization shall not disclose or give an individual access to personal information that is in a report made under section 7 of the Proceeds of Crime (Money Laundering) Act.

No disclosure that report made

(2) An organization shall not disclose that it has made a report under section 7 of the Proceeds of Crime (Money Laundering) Act or give access to such a report.

Bill C-67

98. If Bill C-67, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts (referred to in this section as ``that Act''), is assented to, then

    (a) on the later of the coming into force of paragraph 5(a) of this Act and the coming into force of the definition ``authorized foreign bank'' in subsection 1(5) of that Act, paragraph 5(a) of this Act is replaced by the following:

    (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;

    (b) if paragraph 5(a) of this Act comes into force before section 173 of that Act, section 173 of that Act is repealed; and

    (c) if section 173 of that Act comes into force before paragraph 5(a) of this Act, paragraph 3(a) of the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991, is replaced by the following:

    (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;