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Bill C-81

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Retention

Temporary retention

15. (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 13(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.

Importation or exportation by courier or as mail

(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.

Limitation

(3) Currency or monetary instruments may no longer be retained under subsection (1) if, during the period referred to in that subsection,

    (a) the officer is satisfied that the currency or monetary instruments have been reported under subsection 13(1); or

    (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.

Content of notice

(4) The notice referred to in subsection (1) must state

    (a) the period for which the currency or monetary instruments may be retained;

    (b) that if, within that period, the currency or monetary instruments are reported under subsection 13(1) or the importer or exporter decides not to proceed further with importing or exporting them, they may no longer be retained; and

    (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.

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 13(1) to the Centre.

Searches

Search of the person

16. (1) An officer may search

    (a) any person who has arrived in Canada, within a reasonable time after their arrival in Canada,

    (b) any person who is about to leave Canada, at any time before their departure, or

    (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,

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 13(1) and that have not been reported in accordance with that subsection.

Person taken before senior officer

(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.

Discharge or search

(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 the search, discharge the person or, if the senior officer believes otherwise, direct that the person be searched.

Search by same sex

(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.

Search of conveyance

17. (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 13(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.

Search of baggage

(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 13(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.

Examination and opening of mail

18. (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 13(1).

Exception

(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.

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.

Seizures

Seizure and forfeiture

19. (1) If an officer believes on reasonable grounds that subsection 13(1) has been contravened, the officer may seize as forfeit the currency or monetary instruments.

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.

Notice of seizure

(3) An officer who seizes currency or monetary instruments under subsection (1) shall

    (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 26 and 31;

    (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 26 and 31; and

    (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 33 in respect of the currency or monetary instruments.

Service of notice

(4) The service of a notice under paragraph (3)(b) is sufficient if it is sent by registered mail addressed to the exporter.

Power to call in aid

20. 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.

Report to Deputy Minister and the Centre

21. If the currency or monetary instruments have been seized under section 19, the officer who seized them shall without delay report the circumstances of the seizure to the Deputy Minister and to the Centre.

Exported Mail

Mail to be made available to an officer

22. (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 13(1) shall be submitted by the Canada Post Corporation to an officer.

Mail in the course of post

(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.

Notice of retention or seizure

(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.

Mail subject to customs laws

(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 Corporation.

Non-mailable matter

(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.

Transfer to the Minister of Public Works and Government Services

When forfeiture under s. 15(5)

23. (1) An officer who retains currency or monetary instruments forfeited under subsection 15(5) shall without delay send them to the Minister of Public Works and Government Services.

When seizure or payment of a penalty

(2) An officer who seizes currency or monetary instruments or is paid a penalty under subsection 19(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.

Forfeiture

Time of forfeiture

24. Subject to subsection 19(2) and sections 26 to 32, currency or monetary instruments seized as forfeit under subsection 19(1) are forfeited to Her Majesty in right of Canada from the time of the contravention of subsection 13(1) in respect of which they were seized, and no act or proceeding after the forfeiture is necessary to effect the forfeiture.

Review and Appeal

Review of forfeiture

25. 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 26 to 31.

Request for Minister's decision

26. A person from whom currency or monetary instruments were seized under section 19, 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 13(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.

Notice of Deputy Minister

27. (1) If a decision of the Minister is requested under section 26, the Deputy Minister 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.

Evidence

(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.

Decision of the Minister

28. (1) Within 90 days after the expiry of the period referred to in subsection 27(2), the Minister shall decide whether subsection 13(1) was contravened.

Deferral of decision

(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.

Notice of decision

(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.

If there is no contravention

29. If the Minister decides that subsection 13(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.

If there is a contravention

30. (1) If the Minister decides that subsection 13(1) was contravened, the Minister shall, subject to the terms and conditions that the Minister may determine,

    (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;

    (b) decide that any penalty or portion of any penalty that was paid under subsection 19(2) be remitted; or

    (c) subject to any order made under section 34 or 35, confirm that the currency or monetary instruments are forfeited to Her Majesty in right of Canada.

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.

Limit on amount paid

(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.

Appeal to Federal Court

31. (1) A person who requests a decision of the Minister under section 26 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.

Ordinary action

(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.

Delivery after final order

(3) The Minister of Public Works and Government Services shall give effect to the decision of the Court on being informed of it.

Limit on amount paid

(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.

Service of notices

32. The service of the Deputy Minister's notice under section 27 or the notice of the Minister's decision under section 28 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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