Bill C-81

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First Reading

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	Compliance Measures
To ensure compliance	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
	(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;
	(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;
	(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
	(d) use or cause to be used any copying equipment in the premises to make copies of any record.
Assistance to Centre	(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.
Warrant required to enter dwelling-hous e	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).
Authority to issue warrant	(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
	(a) there are reasonable grounds to believe that there are in the premises records relevant to ensuring compliance with Part 1;
	(b) entry to the dwelling-house is necessary for any purpose that relates to ensuring compliance with Part 1; and
	(c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused.
Areas that may be entered	(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.
Definition of ``judge''	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.
No examination or copying of certain documents when privilege claimed	(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.
Retention of documents	(3) A lawyer who claims privilege under subsection (2) shall
	(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
	(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.
Application to judge	(4) If a document has been retained under subsection (3), the client or the lawyer on behalf of the client may
	(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
	(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
	(ii) requiring the production of the document to the judge at that time and place;
	(b) serve a copy of the order on the Deputy Attorney General of Canada; and
	(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.
Disposition of application	(5) An application under paragraph (4)(c) shall be heard in private and, on the application, the judge
	(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;
	(b) shall decide the question summarily and
	(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
	(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
	(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.
Order to deliver	(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.
Application to another judge	(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.
Costs	(8) No costs may be awarded on the disposition of an application under this section.
Prohibition	(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).
Waiver of claim of privilege	(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.
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.
	Contracts and Agreements
Power to enter into	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.
Agreements re databases	(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.
Limitation	(3) Despite subsection (1), only the Minister may enter into an agreement or arrangement referred to in section 55.
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.
	Legal Proceedings
Centre	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.
No liability	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.
	Audit
Audit	69. All receipts and expenditures of the Centre are subject to examination and audit by the Auditor General of Canada.
	Reports
Annual report	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.
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.
	Regulations
Regulations	72. The Governor in Council may, on the recommendation of the Minister, make regulations prescribing anything that by this Part is to be prescribed.
	PART 4
	OFFENCES AND PUNISHMENT
General offences	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
	(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	74. (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	75. 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	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.
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	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.
Offence by employee or agent	78. In a prosecution for an offence under section 74 or 76,
	(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	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.
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.
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.