|
|
|
|
|
|
|
|
| Regulations
|
73. (1) The Governor in Council may, on the
recommendation of the Minister, make any
regulations that the Governor in Council
considers necessary for carrying out the
purposes and provisions of this Act, including
regulations
|
|
|
|
(a) describing businesses, professions and
activities for the purpose of paragraph 5(i);
|
|
|
|
(b) describing businesses and professions
for the purpose of paragraph 5(j), and the
activities to which that paragraph applies;
|
|
|
|
(c) describing the activities to which
paragraph 5(l) applies;
|
|
|
|
(d) specifying the types of records to be kept
and retained under section 6 and the
information to be included in them;
|
|
|
|
(e) specifying the period for which, and the
methods by which, records referred to in
paragraph (d) are to be retained;
|
|
|
|
(f) specifying measures that persons or
entities are to take to ascertain the identity
of their clients, if the transaction is one in
respect of which Part 1 applies;
|
|
|
|
(g) defining ``casinos'' and ``monetary
instruments'';
|
|
|
|
(h) specifying the form and manner of
reporting currency and monetary
instruments for the purpose of subsection
12(1), and the information to be contained
in the form, and specifying the period
within which the reporting must be made;
and
|
|
|
|
(i) prescribing anything else that by this Act
is to be prescribed.
|
|
| Publication of
proposed
regulations
|
(2) A copy of each regulation that the
Governor in Council proposes to make under
subsection (1) shall be published in the
Canada Gazette at least 90 days before its
proposed effective date, and a reasonable
opportunity shall be given to interested
persons to make representations to the
Minister with respect to the proposed
regulation.
|
|
| Publication of
changes
|
(3) When a regulation proposed to be made
under this Part is changed as a result of
representations made following its
publication, the regulation as made shall be
published in the Canada Gazette at least 30
days before its effective date.
|
|
|
|
|
|
|
|
|
|
| General
offences
|
74. Every person or entity that knowingly
contravenes section 6, subsection 12(4) or
36(1), section 37, subsection 55(1) or (2),
section 57 or subsection 62(2) or 64(3) or the
regulations is guilty of an offence and liable
|
|
|
|
(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
|
|
|
|
(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.
|
|
| Reporting -
section 7
|
75. (1) Every person or entity that
knowingly contravenes section 7 is guilty of
an offence and liable
|
|
|
|
(a) on summary conviction,
|
|
|
|
(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
|
|
|
|
(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
|
|
|
|
(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.
|
|
| Defence for
employees
|
(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.
|
|
| Disclosure
|
76. Every person or entity that contravenes
section 8
|
|
|
|
(a) is guilty of an offence punishable on
summary conviction; or
|
|
|
|
(b) is guilty of an indictable offence and
liable to imprisonment for a term of not
more than two years.
|
|
| Reporting -
section 9
|
77. (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.
|
|
| 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.
|
|
| Liability of
officers and
directors
|
78. 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.
|
|
| Offence by
employee or
agent
|
79. In a prosecution for an offence under
section 75 or 77,
|
|
|
|
(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
|
|
|
|
(b) no person shall be found guilty of the
offence if they establish that they exercised
all due diligence to prevent its commission.
|
|
| Exemption
|
80. A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under any of sections 74 to 77 if the
peace officer or person does any of the things
mentioned in those sections for the purpose of
investigating a money laundering offence.
|
|
| Time
limitation
|
81. Proceedings under paragraph 74(a),
75(1)(a) or 76(a) or subsection 77(1) may be
instituted within, but not after, one year after
the time when the subject-matter of the
proceedings arose.
|
|
| Venue
|
82. 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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Regulations
remain in
effect
|
83. Every regulation made under the
Proceeds of Crime (money laundering) Act,
chapter 26 of the Statutes of Canada, 1991,
that is in force immediately before the
coming into force of this Act shall be
deemed to have been made under this Act
and shall remain in force until it is repealed
or amended pursuant to this Act.
|
|
|
|
|
|
| R.S., c. A-1
|
Access to Information Act
|
|
|
|
84. 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
|
|
|
|
85. 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 a corresponding reference to
``paragraphs 55(1)(a), (d) and (e)''.
|
|
| R.S., c. C-10
|
Canada Post Corporation Act
|
|
| R.S., c. 1 (2nd
Supp.),
s. 170(2)
|
86. Subsection 40(3) of the Canada Post
Corporation Act is replaced by the
following:
|
|
| 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
|
87. 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, detention or retention
shall be given in writing to the Corporation
within sixty days after the seizure, detention
or retention 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)
|
88. 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
|
89. 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
|
|
|
|
90. 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
|
|
|
|
91. 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
|
|
| 1993, c. 37
|
Seized Property Management Act
|
|
|
|
92. 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
following after subparagraph (iii):
|
|
|
|
(iv) forfeited under subsection 14(5),
seized under subsection 18(1) or paid
under subsection 18(2) of the Proceeds of
Crime (Money Laundering) Act;
|
|
|
|
93. 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 14(5),
seized under paragraph 18(1) or paid under
subsection 18(2) of the Proceeds of Crime
(Money Laundering) Act; or
|
|
| 1995, c. 22,
s. 18 (Sch. IV,
item 11)
|
94. 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 18(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
|
95. 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 18(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
|
96. 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 18(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.
|
|