Bill C-22
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Human Resources |
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Personnel
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49. (1) The Director has exclusive authority
to
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Right of
employer
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(2) Nothing in the Public Service Staff
Relations Act shall be construed so as to affect
the right or authority of the Director to deal
with the matters referred to in paragraph
(1)(b).
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Personnel
management
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(3) Subsection 11(2) of the Financial
Administration Act does not apply to the
Centre, and the Director may
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Political
partisanship
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50. Sections 32 to 34 of the Public Service
Employment Act apply to the Director and
employees of the Centre. For the purposes of
those sections, the Director is deemed to be a
deputy head and the employees are deemed to
be employees as defined in section 2 of that
Act.
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Authority to Provide Services |
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Authority to
provide
services
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51. When a department or other portion of
the public service of Canada specified in
Schedule I to the Public Service Staff
Relations Act is authorized to provide services
to another department or portion of the public
service of Canada specified in that Schedule,
it may enter into an agreement to provide
those services to the Centre if it considers it
appropriate to do so.
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Disclosure of Information |
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Director to
report to
Minister
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52. (1) The Director shall report to the
Minister from time to time on the exercise of
the Director's powers and the performance of
his or her duties and functions under this Act.
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Director to
keep Minister
informed
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(2) The Director shall keep the Minister
informed of any matter that could materially
affect public policy or the strategic direction
of the Centre, and any other matter that the
Minister considers necessary.
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Director to
disclose other
information
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(3) The Director shall, at the Minister's
request, disclose to the Minister any
information that the Minister considers
relevant for the purpose of carrying out the
Minister's powers and duties under this Act.
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Disclosure of
information to
advisor
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(4) The Director shall disclose to a person
engaged under subsection 42(4) any
information that the person considers relevant
for the purpose of advising the Minister on any
matter referred to in subsection 42(2).
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Limitation
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53. The Director may not disclose any
information under section 52 that would
directly or indirectly identify an individual
who provided a report or information to the
Centre, or a person or an entity about whom a
report or information was provided under this
Act.
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Reports and Information |
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Reports and
information
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54. The Centre
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Disclosure and Use of Information |
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Disclosure by
Centre
prohibited
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55. (1) Subject to subsections (3), (4) and
(5), section 52, subsection 58(1) and section
65 and to subsection 12(1) of the Privacy Act,
the Centre shall not disclose the following:
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Disclosure by
others
prohibited
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(2) The prohibition in subsection (1) also
applies to the following persons:
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Disclosure of
designated
information
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(3) If the Centre, on the basis of its analysis
and assessment under paragraph 54(c), has
reasonable grounds to suspect that designated
information would be relevant to
investigating or prosecuting a money
laundering offence, the Centre shall disclose
the information to
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Disclosure to
foreign
agencies
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(4) The Centre may disclose designated
information to an institution or agency of a
foreign state or of an international
organization established by the governments
of foreign states that has powers and duties
similar to those of the Centre if
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Disclosure to
foreign
agencies
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(5) The Centre may disclose designated
information to an institution or agency of a
foreign state that has powers and duties
similar to those of the Centre if
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Recording of
reasons for
decision
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(5.1) The Centre shall record in writing the
reasons for all decisions to disclose
information made under subsection (3) or
paragraph (4)(a) or (5)(a).
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Exception
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(6) A person may disclose any information
referred to in subsection (1) if the disclosure is
necessary for the purpose of exercising
powers or performing duties and functions
under this Part.
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Definition of
``designated
information''
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(7) For the purposes of subsections (3) to
(5), ``designated information'' means, in
respect of a financial transaction or an
importation or exportation of currency or
monetary instruments,
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Agreements
and
arrangements
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56. (1) The Minister may enter into an
agreement or arrangement, in writing, with
the government of a foreign state, or an
international organization established by the
governments of foreign states regarding the
exchange, between the Centre and any
institution or agency of that state or
organization that has powers and duties
similar to those of the Centre, of information
that the Centre, institution or agency has
reasonable grounds to suspect would be
relevant to investigating or prosecuting a
money laundering offence or a substantially
similar offence.
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Agreements
and
arrangements
- Centre
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(2) The Centre may, with the approval of the
Minister, enter into an agreement or
arrangement, in writing, with an institution or
agency of a foreign state that has powers and
duties similar to those of the Centre, regarding
the exchange, between the Centre and the
institution or agency, of information that the
Centre, institution or agency has reasonable
grounds to suspect would be relevant to
investigating or prosecuting a money
laundering offence or a substantially similar
offence.
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Purposes
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(3) Agreements or arrangements entered
into under subsection (1) or (2) must restrict
the use of information to purposes relevant to
investigating or prosecuting a money
laundering offence or a substantially similar
offence.
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Use of
information
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57. No person who obtained or who has or
had access to information referred to in
subsection 55(1) in the course of exercising
powers or performing duties and functions
under this Part shall use the information for a
purpose other than exercising those powers or
performing those duties and functions.
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Feedback,
research and
public
education
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58. (1) The Centre may
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Limitation
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(2) The Centre may not disclose any
information that would directly or indirectly
identify an individual who provided a report
or information to the Centre, or a person or an
entity about whom a report or information was
provided.
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Immunity
from
compulsory
processes
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59. (1) Subject to section 36 of the Access
to Information Act and section 34 of the
Privacy Act, the Centre, and any person who
has obtained or who has or had access to any
information or documents in the course of
exercising powers or performing duties and
functions under this Act, other than Part 2, is
required to comply with a subpoena, an order
for production of documents, a summons or
any other compulsory process only if it is
issued in the course of court proceedings in
respect of a money laundering offence or an
offence under this Act in respect of which an
information has been laid or an indictment
preferred.
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Search
warrants
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(2) Despite any other Act, no search warrant
may be issued in respect of the Centre.
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Limitation on
orders for
disclosure of
information
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60. (1) Despite any other Act, an order for
disclosure of information may be issued in
respect of the Centre only under subsection
(4).
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Purpose of
application
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(2) The Attorney General may, for the
purposes of an investigation in respect of a
money laundering offence, make an
application under subsection (3) for an order
for disclosure of information.
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Application
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(3) An application shall be made ex parte in
writing to a judge and be accompanied by an
affidavit sworn on the information and belief
of the Attorney General - or a person
specially designated by the Attorney General
for that purpose - deposing to the following
matters:
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Order for
disclosure of
information
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(4) Subject to the conditions that the judge
considers advisable in the public interest, the
judge to whom an application is made may
order the Director - or any person specially
designated in writing by the Director for the
purposes of this section - to allow a police
officer named in the order to have access to
and examine all information and documents to
which the application relates or, if the judge
considers it necessary in the circumstances, to
produce the information and documents to the
police officer and allow the police officer to
remove them, where the judge is satisfied
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The order must be complied with within the
period following the service of the order that
the judge may specify.
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Execution in
another
province
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(5) A judge may, if the information or
documents in respect of which disclosure is
sought are in a province other than the one in
which the judge has jurisdiction, issue an
order for disclosure and the order may be
executed in the other province after it has been
endorsed by a judge who has jurisdiction in
that other province.
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Service of
order
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(6) A copy of the order shall be served on the
person to whom it is addressed in the manner
that the judge directs or as may be prescribed
by rules of court.
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Extension of
period for
compliance
with order
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(7) A judge who makes an order under
subsection (4) may, on application of the
Director, extend the period within which it is
to be complied with.
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