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| Temporary
retention
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14. (1) Subject to subsections (2) to (5), if a
person or an entity indicates to an officer that
they have currency or monetary instruments to
report under subsection 12(1) but the report
has not yet been completed, the officer may,
after giving notice in the prescribed manner to
the person or entity, retain the currency or
monetary instruments for the prescribed
period.
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| Importation or
exportation by
courier or as
mail
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(2) In the case of currency or monetary
instruments imported or exported by courier
or as mail, the officer shall, within the
prescribed period, give the notice to the
exporter if the exporter's address is known, or,
if the exporter's address is not known, to the
importer.
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| Limitation
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(3) Currency or monetary instruments may
no longer be retained under subsection (1) if,
during the period referred to in that
subsection,
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(a) the officer is satisfied that the currency
or monetary instruments have been
reported under subsection 12(1); or
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(b) the importer or exporter of the currency
or monetary instruments advises the officer
that they have decided not to proceed
further with importing or exporting them.
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| Content of
notice
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(4) The notice referred to in subsection (1)
must state
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(a) the period for which the currency or
monetary instruments may be retained;
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(b) that if, within that period, the currency
or monetary instruments are reported under
subsection 12(1) or the importer or exporter
decides not to proceed further with
importing or exporting them, they may no
longer be retained; and
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(c) that currency or monetary instruments
retained at the end of that period are
forfeited to Her Majesty in right of Canada
at that time.
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| Forfeiture and
report to
Centre
|
(5) Currency or monetary instruments that
are retained by an officer under subsection (1)
are forfeited to Her Majesty in right of Canada
at the end of the period referred to in that
subsection, and the officer shall send any
incomplete report in respect of the forfeited
currency or monetary instruments made under
subsection 12(1) to the Centre.
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| Search of the
person
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15. (1) An officer may search
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(a) any person who has arrived in Canada,
within a reasonable time after their arrival
in Canada,
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(b) any person who is about to leave
Canada, at any time before their departure,
or
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(c) any person who has had access to an area
designated for use by persons about to leave
Canada and who leaves the area but does
not leave Canada, within a reasonable time
after they leave the area,
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if the officer suspects on reasonable grounds
that the person has secreted on or about their
person currency or monetary instruments that
are of a value greater than the amount
prescribed for the purpose of subsection 12(1)
and that have not been reported in accordance
with that subsection.
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| Person taken
before senior
officer
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(2) An officer who is about to search a
person under this section shall, on the person's
request, without delay take the person before
the senior officer at the place where the search
is to take place.
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| Discharge or
search
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(3) A senior officer before whom a person
is taken under subsection (2) shall, if the
senior officer believes there are no reasonable
grounds for suspicion under subsection (1),
discharge the person or, if the senior officer
believes otherwise, direct that the person be
searched.
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| Search by
same sex
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(4) No person shall be searched under this
section by a person who is not of the same sex,
and if there is no officer of the same sex at the
place where the search is to take place, an
officer may authorize any suitable person of
the same sex to perform the search.
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| Search of
conveyance
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16. (1) If an officer suspects on reasonable
grounds that there are, on or about a
conveyance, currency or monetary
instruments of a value greater than the amount
prescribed for the purpose of subsection 12(1)
and that have not been reported in accordance
with that subsection, the officer may stop,
board and search the conveyance, examine
anything in or on it and open or cause to be
opened any package or container in or on it
and direct that the conveyance be moved to a
customs office or other suitable place for the
search, examination or opening.
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| Search of
baggage
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(2) If an officer suspects on reasonable
grounds that there are, in baggage, currency or
monetary instruments that are of a value
greater than the amount prescribed for the
purpose of subsection 12(1) and that have not
been reported in accordance with that
subsection, the officer may search the
baggage, examine anything in it and open or
cause to be opened any package or container
in it and direct that the baggage be moved to
a customs office or other suitable place for the
search, examination or opening.
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| Examination
and opening
of mail
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17. (1) An officer may examine any mail
that is being imported or exported and open or
cause to be opened any such mail that the
officer suspects on reasonable grounds
contains currency or monetary instruments of
a value greater than the amount prescribed for
the purpose of subsection 12(1).
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| Exception
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(2) An officer may not open or cause to be
opened any mail that weighs 30 grams or less
unless the person to whom it is addressed
consents or the person who sent it consents or
has completed and attached to the mail a label
in accordance with article 116 of the Detailed
Regulations of the Universal Postal
Convention.
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| Opening of
mail in
officer's
presence
|
(3) An officer may cause mail that weighs
30 grams or less to be opened in the officer's
presence by the person to whom it is
addressed, the person who sent it or a person
authorized by either of those persons.
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| Seizure and
forfeiture
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18. (1) If an officer believes on reasonable
grounds that subsection 12(1) has been
contravened, the officer may seize as forfeit
the currency or monetary instruments.
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| Return of
seized
currency or
monetary
instruments
|
(2) The officer shall, on payment of a
penalty in the prescribed amount, return the
seized currency or monetary instruments to
the person from whom they were seized or to
the lawful owner unless the officer has
reasonable grounds to suspect that the
currency or monetary instruments are
proceeds of crime within the meaning of
section 462.3 of the Criminal Code.
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| Notice of
seizure
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(3) An officer who seizes currency or
monetary instruments under subsection (1)
shall
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(a) if they were not imported or exported as
mail, give the person from whom they were
seized written notice of the seizure and of
the right to review and appeal set out in
sections 25 and 30;
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(b) if they were imported or exported as
mail and the address of the exporter is
known, give the exporter written notice of
the seizure and of the right to review and
appeal set out in sections 25 and 30; and
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(c) take the measures that are reasonable in
the circumstances to give notice of the
seizure to any person whom the officer
believes on reasonable grounds is entitled
to make an application under section 32 in
respect of the currency or monetary
instruments.
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| Service of
notice
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(4) The service of a notice under paragraph
(3)(b) is sufficient if it is sent by registered
mail addressed to the exporter.
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| Power to call
in aid
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19. An officer may call on other persons to
assist the officer in exercising any power of
search, seizure or retention that the officer is
authorized under this Part to exercise, and any
person so called on is authorized to exercise
the power.
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| Recording of
reasons for
decision
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19.1 If an officer decides to exercise powers
under subsection 18(1), the officer shall
record in writing reasons for the decision.
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| Report to
Commissioner
and the Centre
|
20. If the currency or monetary instruments
have been seized under section 18, the officer
who seized them shall without delay report the
circumstances of the seizure to the
Commissioner and to the Centre.
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| Mail to be
made
available to an
officer
|
21. (1) On request of an officer, any mail
that is being sent from a place in Canada to a
place in a foreign country and that contains or
is suspected to contain currency or monetary
instruments that are of a value greater than the
amount prescribed for the purpose of
subsection 12(1) shall be submitted by the
Canada Post Corporation to an officer.
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| Mail in the
course of post
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(2) All mail that is submitted to an officer
under this section remains, for the purposes of
the Canada Post Corporation Act, in the
course of post unless it is retained or seized
under this Part.
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| Notice of
retention or
seizure
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(3) If mail is retained or seized under this
Part, notice of the retention or seizure shall be
given in writing to the Canada Post
Corporation within 60 days after the retention
or seizure unless the mail has, before the
expiry of that period, been returned to the
Corporation.
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| Mail subject
to customs
laws
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(4) An officer shall deal with all mail
submitted to the officer under this section in
accordance with the laws relating to customs
and this Part and, subject to those laws and this
Part, shall return it to the Canada Post
Corporation.
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| Non-mailable
matter
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(5) Any non-mailable matter found by an
officer in mail made available to the officer
under this section shall be dealt with in
accordance with the regulations made under
the Canada Post Corporation Act.
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| When
forfeiture
under
s. 14(5)
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22. (1) An officer who retains currency or
monetary instruments forfeited under
subsection 14(5) shall without delay send
them to the Minister of Public Works and
Government Services.
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| When seizure
or payment of
a penalty
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(2) An officer who seizes currency or
monetary instruments or is paid a penalty
under subsection 18(2) shall without delay
send the currency or monetary instruments or
the penalty, as the case may be, to the Minister
of Public Works and Government Services.
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| Time of
forfeiture
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23. Subject to subsection 18(2) and sections
25 to 31, currency or monetary instruments
seized as forfeit under subsection 18(1) are
forfeited to Her Majesty in right of Canada
from the time of the contravention of
subsection 12(1) in respect of which they were
seized, and no act or proceeding after the
forfeiture is necessary to effect the forfeiture.
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| Review of
forfeiture
|
24. The forfeiture of currency or monetary
instruments seized under this Part is final and
is not subject to review or to be set aside or
otherwise dealt with except to the extent and
in the manner provided by sections 25 to 30.
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| Request for
Minister's
decision
|
25. A person from whom currency or
monetary instruments were seized under
section 18, or the lawful owner of the currency
or monetary instruments, may within 30 days
after the date of the seizure request a decision
of the Minister as to whether subsection 12(1)
was contravened by giving notice in writing to
the officer who seized the currency or
monetary instruments or to an officer at the
customs office closest to the place where the
seizure took place.
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| Notice of
Commissioner
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26. (1) If a decision of the Minister is
requested under section 25, the Commissioner
shall without delay serve on the person who
requested it written notice of the
circumstances of the seizure in respect of
which the decision is requested.
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| Evidence
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(2) The person on whom a notice is served
under subsection (1) may, within 30 days after
the notice is served, furnish any evidence in
the matter that they desire to furnish.
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| Decision of
the Minister
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27. (1) Within 90 days after the expiry of the
period referred to in subsection 26(2), the
Minister shall decide whether subsection
12(1) was contravened.
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| Deferral of
decision
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(2) If charges are laid with respect to a
money laundering offence in respect of the
currency or monetary instruments seized, the
Minister may defer making a decision but
shall make it in any case no later than 30 days
after the conclusion of all court proceedings in
respect of those charges.
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| Notice of
decision
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(3) The Minister shall, without delay after
making a decision, serve on the person who
requested it a written notice of the decision
together with the reasons for it.
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| If there is no
contravention
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28. If the Minister decides that subsection
12(1) was not contravened, the Minister of
Public Works and Government Services shall,
on being informed of the Minister's decision,
return the penalty that was paid, or the
currency or monetary instruments or an
amount of money equal to their value at the
time of the seizure, as the case may be.
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| If there is a
contravention
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29. (1) If the Minister decides that
subsection 12(1) was contravened, the
Minister shall, subject to the terms and
conditions that the Minister may determine,
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(a) decide that the currency or monetary
instruments or, subject to subsection (2), an
amount of money equal to their value on the
day the Minister of Public Works and
Government Services is informed of the
decision, be returned, on payment of a
penalty in the prescribed amount or without
penalty;
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(b) decide that any penalty or portion of any
penalty that was paid under subsection
18(2) be remitted; or
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(c) subject to any order made under section
33 or 34, confirm that the currency or
monetary instruments are forfeited to Her
Majesty in right of Canada.
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The Minister of Public Works and
Government Services shall give effect to a
decision of the Minister under paragraph (a) or
(b) on being informed of it.
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| Limit on
amount paid
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(2) The total amount paid under paragraph
(1)(a) 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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| Appeal to
Federal Court
|
30. (1) A person who requests a decision of
the Minister under section 25 may, within 90
days after being notified of the decision,
appeal the decision by way of an action in the
Federal Court in which the person is the
plaintiff and the Minister is the defendant.
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| Ordinary
action
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(2) The Federal Court Act and the Federal
Court Rules that apply to ordinary actions
apply to actions instituted under subsection
(1) except as varied by special rules made in
respect of such actions.
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| Delivery after
final order
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(3) The Minister of Public Works and
Government Services shall give effect to the
decision of the Court on being informed of it.
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| Limit on
amount paid
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(4) If the currency or monetary instruments
were sold or otherwise disposed of under the
Seized Property Management Act, the total
amount that can be paid under subsection (3)
shall 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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| Service of
notices
|
31. The service of the Commissioner's
notice under section 26 or the notice of the
Minister's decision under section 27 is
sufficient if it is sent by registered mail
addressed to the person on whom it is to be
served at their latest known address.
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