Bill C-31

Payments in Lieu of Taxes Act

190. Schedule III to the Payments in Lieu of Taxes Act is amended by striking out the following:

Enterprise Cape Breton Corporation

Public Sector Compensation Act

191. Schedule II to the Public Sector Compensation Act is amended by striking out the following:

Enterprise Cape Breton Corporation

Repeal

192. The Enterprise Cape Breton Corporation Act, Part II of chapter 41 of the 4th Supplement to the Revised Statues of Canada, 1985, is repealed.

Division 11

Museums Act

Amendment to the Act

193. Section 9 of the Museums Act is amended by adding the following after subsection (2):

Transitional Provisions

Definitions

194. The following definitions apply in sections 195 to 204.

“Minister” means the Minister of Canadian Heritage.

“Museum” means the Canadian Museum of History.

Online Works of Reference

195. In sections 196 to 199, “program” means the program known as the “Online Works of Reference”.

196. On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum.

197. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program.

198. On the day on which this section comes into force,

(a) the Minister’s obligations that relate to the program are assumed by the Museum;

(b) contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum;

(c) permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and

(d) permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum.

199. On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum.

Virtual Museum of Canada

200. In sections 201 to 204, “program” means the program known as the “Virtual Museum of Canada”.

201. On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum.

202. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program.

203. On the day on which this section comes into force,

(a) the Minister’s obligations that relate to the program are assumed by the Museum;

(b) contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum;

(c) permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and

(d) permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum.

204. On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum.

Coming into Force

205. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 12

Nordion and Theratronics Divestiture Authorization Act

206. The definitions “Nordion” and “Theratronics” in subsection 2(1) of the Nordion and Theratronics Divestiture Authorization Act are replaced by the following:

“Nordion” means Nordion International Inc., a corporation incorporated under the Canada Business Corporations Act or any successor to that corporation;

“Theratronics” means Theratronics International Limited, a corporation incorporated under the Canada Business Corporations Act or any successor to that corporation.

207. (1) Subsection 6(3) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

(2) Section 6 of the Act is amended by adding the following after subsection (3):

208. Section 7 of the Act is renumbered as subsection 7(1) and is amended by adding the following:

209. The portion of section 8 of the Act before paragraph (a) is replaced by the following:

8. Sections 5 to 7, with the exception of paragraph 6(3)(c) and subsections 6(3.1) and 7(2), apply to Theratronics as if

Division 13

Bank Act

210. The Bank Act is amended by adding the following after section 415.1:

Division 14

Insurance Companies Act

211. (1) Subsection 237(2) of the Insurance Companies Act is amended by adding the following after paragraph (a):

(2) Paragraph 237(2)(c) of the Act is replaced by the following:

(c) governing the ownership of shares issued by a mutual company that has been converted into a company with common shares, including limiting the circumstances in which the Minister may give approval under subsection 407(1);

(3) Section 237 of the Act is amended by adding the following after subsection (2):

Division 15

Regulatory Cooperation

Motor Vehicle Safety Act

212. The long title of the French version of the Motor Vehicle Safety Act is replaced by the following:

213. (1) The definitions “national safety mark”, “standard” and “vehicle” in section 2 of the Act are replaced by the following:

“national safety mark” means a prescribed expression, symbol or abbreviation or any combination of them;

“standard” means a standard that governs the design, manufacture, functioning or marking of vehicles or equipment for the purpose of reducing, directly or indirectly, the risk of death, injury or property damage from vehicle use, including a standard aimed at increasing the use of safety features by the public or facilitating the creation, recording or retrieval of information;

“vehicle” means any vehicle that is designed to be, or is capable of being, driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle that is designed to run exclusively on rails.

(2) The definition “fabrication” ou “construction” in section 2 of the French version of the Act is replaced by the following:

214. Subsection 3(2) of the Act is replaced by the following:

(2) A company authorized by the Minister, as provided for in the regulations, may apply a national safety mark to a vehicle or equipment, as provided for in the regulations.

215. The heading before section 5 of the Act is replaced by the following:

VEHICLE AND EQUIPMENT REQUIREMENTS

216. (1) Paragraph 5(1)(b) of the Act is replaced by the following:

(b) evidence of that conformity has been obtained and produced as provided for in the regulations or, if the regulations so provide, to the Minister’s satisfaction;

(2) Paragraphs 5(1)(d) to (h) of the Act are replaced by the following:

(d) prescribed information is marked on the vehicle or equipment as provided for in the regulations;

(e) prescribed documentation or prescribed accessories accompany the vehicle or equipment as provided for in the regulations;

(f) prescribed information relating to the operation of the vehicle or equipment is disseminated as provided for in the regulations;

(g) records are maintained and furnished, as provided for in the regulations, in relation to the design, manufacture, testing and field performance of the vehicle or equipment, for the purpose of

(i) enabling an inspector to determine whether the vehicle or equipment conforms to all requirements applicable to it, and

(ii) facilitating the identification and anal-ysis of defects referred to in subsection 10(1); and

(h) in the case of equipment, the company maintains, as provided for in the regulations, a registration system by which any person who has purchased equipment manufactured, imported or sold by the company and who wishes to be identified may be so identified.

(3) Subsection 5(2) of the Act is repealed.

217. (1) Paragraph 7(1)(a) of the Act is replaced by the following:

(a) before the importation, the person importing the vehicle or equipment makes a declaration, as provided for in the regulations, that the vehicle or equipment

(i) will be used in Canada solely for a prescribed purpose,

(ii) will remain in Canada for a period of not more than one year or any other period that is specified by the Minister, and

(2) Paragraph 7(1)(b) of the Act is replaced by the following:

(b) the vehicle or equipment is passing through Canada to another country or is exclusively for use by a visitor to Canada.

(3) Section 7 of the Act is amended by adding the following after subsection (1):

(4) Subsection 7(2) of the Act is replaced by the following:

(2) Sections 5 and 6 do not apply to the importation of a vehicle that has been sold at the retail level in the United States or that is a prescribed vehicle from Mexico if

(b) the person importing the vehicle makes a declaration, as provided for in the regulations, that the vehicle will be, before being presented for registration by a province and within the prescribed period,

(5) Subsection 7(4) of the Act is repealed.

(6) Subsection 7(5) of the Act is replaced by the following:

(5) A person who makes a declaration under this section shall comply with the declaration.

218. The Act is amended by adding the following after section 7:

219. The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

9. (1) On application by a company as provided for in the regulations, the Governor in Council may, by order, grant an exemption for a specified period, in accordance with any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard if conformity with that standard would, in the opinion of the Governor in Council,

220. The heading before section 10 of the Act is replaced by the following:

NOTICE OF DEFECT AND OF NON-COMPLIANCE

221. (1) Subsections 10(1) to (4) of the Act are replaced by the following:

10. (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any defect in the design, manufacture or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person to

(a) the Minister, on becoming aware of the defect; and

(b) the current owner and any other prescribed person, within the period provided for in the regulations.

(2) A company is not required to give notice of a defect

(a) for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment; or

(3) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company,

(a) the company shall give notice in any other manner that is acceptable to the Minister; or

(b) the Minister may exempt the company from the requirement to give notice to the current owner.

(2) Subsections 10(6) and (7) of the Act are repealed.

222. The Act is amended by adding the following after section 10:

223. (1) Subsection 11(1) of the Act is replaced by the following:

11. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

(b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations.

(2) Subsections 11(3) and (4) of the Act are replaced by the following:

224. Section 12 of the Act is replaced by the following:

12. (1) In this section, “technical standards document” means a document that is published by the Minister, as provided for in the regulations, that adapts, or that reproduces in whole or in part in the official languages of Canada, an enactment of a foreign government or material produced by an international organization. The adaptations may include amendments to the content of the originating enactment or material.

(2) Regulations made under this Act may, in whole or in part, incorporate by reference a technical standards document as it is amended from time to time or as it exists on a particular date.

225. Section 14 of the Act is amended by adding the following after subsection (2):

226. Paragraph 15(1)(a) of the Act is replaced by the following:

(a) any vehicle or equipment of a class for which standards have been prescribed that is owned by, or is on the premises of, a company or a consignee of imported vehicles or imported equipment;

227. Subsections 17(1) and (2) of the Act are replaced by the following:

17. (1) Every corporation or company that contravenes this Act, the regulations or an order

(a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $200,000; or

(b) is guilty of an indictable offence and is liable to a fine of not more than $2 million.

(2) Every individual who contravenes this Act, the regulations or an order

(a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $4,000 or to imprisonment for a term of not more than six months, or to both; or

(b) is guilty of an indictable offence and is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than two years, or to both.

228. The heading before section 20 of the Act is replaced by the following:

RESEARCH, ANALYSIS, TESTING AND FEES

229. (1) Paragraph 20(1)(a) of the Act is replaced by the following:

(a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act;

(2) Subsection 20(1) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

(f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section.

(3) Section 20 of the Act is amended by adding the following after subsection (1):

230. Schedule II to the Act is repealed.

Railway Safety Act

231. Section 50 of the Railway Safety Act and the heading before it are repealed.

Transportation of Dangerous Goods Act, 1992

232. Subsections 30(1) and (2) of the Transportation of Dangerous Goods Act, 1992 are repealed.

Ensuring Safe Vehicles Imported From Mexico For Canadians Act

233. Sections 2 and 3 of the Ensuring Safe Vehicles Imported from Mexico for Canadians Act are repealed.

Safe Food for Canadians Act

234. (1) Subsection 51(1) of the Safe Food for Canadians Act is amended by adding the following after paragraph (e):

(2) Section 51 of the Act is amended by adding the following after subsection (2):

235. The headings before section 60 and sections 60 to 67 of the Act are repealed.

236. Section 86 of the Act is replaced by the following:

86. (1) Paragraph 28(1)(a) of the Federal Courts Act is repealed.

(2) Paragraph 28(1)(b) of the Act is replaced by the following:

(b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

Coordinating Amendments

237. (1) In this section, “other Act” means the Safe Food for Canadians Act.

(2) If section 86 of the other Act comes into force before section 236 of this Act, then on the day on which that section 236 comes into force, paragraph 28(1)(a) of the Federal Courts Act is repealed.

(3) If section 236 of this Act comes into force on the same day as section 86 of the other Act, then that section 236 is deemed to have come into force before that section 86.

Coming into Force

238. Section 213, subsections 217(1), (3), (4) and (6) and sections 220 to 222 and 230 come into force on a day or days to be fixed by order of the Governor in Council.

Division 16

Telecommunications Act

Amendments to the Act

239. (1) Subsection 27(3) of the Telecommunications Act is replaced by the following:

(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25, 27.1 or 29, or with any decision made under section 24, 25, 29, 34 or 40.

(2) Subsection 27(3) of the Act is replaced by the following:

(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25 or 29, or with any decision made under section 24, 25, 29, 34 or 40.

240. (1) The Act is amended by adding the following after section 27:

(2) Section 27.1 of the Act is repealed.

Coming into Force

241. Subsections 239(2) and 240(2) come into force on a day to be fixed by order of the Governor in Council.

Division 17

Sickness Benefits

Canada Labour Code

242. Subsection 206.3(6) of the Canada Labour Code is repealed.

243. The Act is amended by adding the following after section 207:

244. Section 207.1 of the Act is replaced by the following:

207.1 (1) An employee who intends to interrupt their leave under subsection 206.1(2.4) or 207.02(1) shall provide the employer with a notice in writing of the interruption before or as soon as possible after it begins.

(2) The employee shall provide the employer with a notice in writing of the day on which they resume their leave before or as soon as possible after that day.

245. (1) Subsection 207.3(1) of the Act is replaced by the following:

207.3 (1) Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.5 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.

(2) Subsection 207.3(2) of the English version of the Act is replaced by the following:

(2) Every employee who is on a leave of absence from employment under any of sections 206.3 to 206.5 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.

(3) Subsections 207.3(3) to (5) of the Act are replaced by the following:

(3) If the length of the leave taken under section 206.4 or 206.5 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.

(4) The employer may require the employee to provide documentation in support of the reasons for the leave taken under section 206.4 or 206.5 and of any change in the length of leave that the employee intends to take.

(5) If an employee who takes a leave of more than four weeks under section 206.4 or 206.5 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, then the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

246. Section 209.4 of the Act is amended by adding the following after paragraph (a.1):

Employment Insurance Act

247. Subsection 18(2) of the Employment Insurance Act is replaced by the following:

(2) A claimant to whom benefits are payable under any of sections 23 to 23.2 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine.

248. Subsection 152.03(1.1) of the Act is replaced by the following:

(1.1) A self-employed person to whom benefits are payable under any of sections 152.05 to 152.061 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine.

249. Subsection 152.09(2) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

Transitional Provision

250. Subsections 18(2) and 152.03(1.1) of the Employment Insurance Act, as enacted by sections 247 and 248, apply only to claims for benefits because of illness, injury or quarantine that are made for weeks that begin on or after the day on which sections 247 and 248 come into force.

Coming into Force

251. This Division, other than section 249, comes into force on a day to be fixed by order of the Governor in Council.

Division 18

Canadian Food Inspection Agency Act

Amendment to the Act

252. The Canadian Food Inspection Agency Act is amended by adding the following after section 25:

Coming into Force

253. This Division comes into force on the day on which section 103 of the Safe Food for Canadians Act comes into force or, if it is later, on the day on which this Act receives royal assent.

Division 19

Money Laundering and Terrorist Financing

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

254. The definition “officer” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.

255. Subparagraph 3(a)(iii) of the Act is replaced by the following:

(iii) establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information;

256. (1) Paragraph 5(g) of the Act is replaced by the following:

(g) persons and entities authorized under provincial legislation to engage in the business of dealing in securities or any other financial instruments or to provide portfolio management or investment advising services, other than persons who act exclusively on behalf of such an authorized person or entity;

(2) Paragraph 5(h) of the Act is replaced by the following:

(h) persons and entities that have a place of business in Canada and that are engaged in the business of providing at least one of the following services:

(i) foreign exchange dealing,

(ii) remitting funds or transmitting funds by any means or through any person, entity or electronic funds transfer network,

(iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity,

(3) Paragraph 5(k) of the Act is replaced by the following:

257. The Act is amended by adding the following after section 5:

258. Section 9.3 of the Act is replaced by the following:

9.3 (1) Every person or entity that is referred to in section 5 and that is prescribed shall determine, in the prescribed circumstances and in accordance with the regulations, whether it is dealing with

(2) If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall obtain the approval of senior management in the prescribed circumstances and take the prescribed measures.

(2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that the person poses a high risk of committing a money laundering offence or a terrorist activity financing offence, the person or entity shall obtain the approval of senior management in the prescribed circumstances and take the prescribed measures.

“politically exposed foreign person” means a person who holds or has held one of the following offices or positions in or on behalf of a foreign state:

(a) head of state or head of government;

(b) member of the executive council of government or member of a legislature;

(c) deputy minister or equivalent rank;

(d) ambassador, or attaché or counsellor of an ambassador;

(e) military officer with a rank of general or above;

(f) president of a state-owned company or a state-owned bank;

(g) head of a government agency;

(h) judge of a supreme court, constitutional court or other court of last resort;

(i) leader or president of a political party represented in a legislature; or

(j) holder of any prescribed office or position.

259. Subsection 9.4(2) of the Act is replaced by the following:

(2) No person or entity shall have a correspondent banking relationship with a shell bank as defined in the regulations.

260. Sections 9.7 and 9.8 of the Act are replaced by the following:

9.7 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall, in respect of its foreign branches, and in respect of its foreign subsidiaries that carry out activities similar to those of entities referred to in those paragraphs and that are either wholly-owned by the entity or have financial statements that are consolidated with those of the entity, develop policies that establish requirements similar to the requirements of sections 6, 6.1 and 9.6 and ensure that those branches and subsidiaries apply those policies to the extent it is permitted by, and does not conflict with, the laws of the country in which the branch or subsidiary is located.

(2) Before the policies referred to in subsection (1) are applied, the entity’s board of directors, if there is one, shall approve them.

(4) If the application by a foreign branch or a foreign subsidiary of a policy referred to in subsection (1) is not permitted by or would conflict with the laws of the country in which the branch or subsidiary is located, the entity shall keep and retain, in accordance with section 6, a record of that fact and of the reasons why it is not permitted or it would conflict, and shall, within a reasonable time, notify the Centre, and the principal agency or body that supervises or regulates it under federal or provincial law, of that fact and those reasons.

261. Section 11.1 of the Act is replaced by the following:

11.1 Except as otherwise provided in the regulations, every person or entity referred to in paragraph 5(h) or (h.1), those referred to in paragraph 5(l) that sell money orders to the public, and every other person or entity that is referred to in section 5 and that is prescribed must be registered with the Centre in accord-ance with this section and sections 11.11 to 11.2.

262. (1) Subparagraphs 11.11(1)(c)(i) to (iv) of the Act are replaced by the following:

(i) a money laundering offence, or an offence under the laws of a foreign country that is substantially similar to a money laundering offence,

(ii) a terrorist activity financing offence, or an offence under the laws of a foreign country that is substantially similar to a terrorist activity financing offence,

(iii) an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 when convicted on indictment, or an offence under the laws of a foreign country that is substantially similar to an offence under either Act,

(iv) an offence under any of sections 83.18 to 83.231, 354 or 467.11 to 467.13 of the Criminal Code, or an offence under the laws of a foreign country that is substantially similar to such an offence, or

(2) Paragraphs 11.11(1)(d) and (e) of the Act are replaced by the following:

(d) a person or entity that has been convicted on indictment or convicted more than once for an offence under any of the following, or that has been convicted of an offence under the laws of a foreign country that is substantially similar to an offence under any of the following:

(i) Part X of the Criminal Code,

(ii) the Controlled Drugs and Substances Act, except for the offence under subsection 4(1) of that Act,

(e) an entity that is a corporation in respect of which a director, the chief executive officer, the president or a person who owns or controls, directly or indirectly, 20% or more of the shares has been convicted on indictment of an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 or has been convicted of an offence under the laws of a foreign country that is substantially similar to an offence under either Act;

(3) Subsection 11.11(1) of the Act is amended by adding the following after paragraph (e):

263. Subsection 11.12(1) of the Act is replaced by the following:

11.12 (1) An application for registration shall be submitted to the Centre in the prescribed form and manner and shall include

(a) a list of the applicant’s agents, mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h) or (h.1), in selling money orders to the public if the applicant is a person or entity referred to in paragraph 5(l), or in any prescribed activities;

(b) if the applicant is a person referred to in paragraph 5(h.1)

(c) if the applicant is an entity referred to in paragraph 5(h.1)

(d) any prescribed information.

264. Section 11.13 of the Act is renumbered as subsection 11.13(1) and is amended by adding the following:

265. Subsection 11.14(1) of the Act is replaced by the following:

11.14 (1) An applicant shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in subsection 11.12(1) within 30 days after the day on which the request is made.

266. Subsection 11.17(1) of the Act is replaced by the following:

11.17 (1) A registered person or entity shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in subsection 11.12(1) within 30 days after the day on which the request is made.

267. Section 11.41 of the Act is replaced by the following:

“foreign state” means a country other than Canada and includes any political subdivision or territory of a foreign state.

268. (1) Subsection 11.42(1) of the Act is replaced by the following:

11.42 (1) In addition to any other measure required by this Act, the Minister may, by written directive, require any person or entity referred to in section 5 to take, in order to safeguard the integrity of Canada’s financial system, any measure specified in the directive with respect to any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state or foreign entity, that occurs or is attempted in the course of their activities, or with respect to any activity that is related to any such financial transaction or class of financial transactions.

(2) Section 11.42 of the Act is amended by adding the following after subsection (2):

269. Sections 11.44 and 11.45 of the Act are replaced by the following:

11.44 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that its foreign branches, and that its foreign subsidiaries that carry out activities similar to those of entities referred to in those paragraphs and that are either wholly-owned by the entity or have financial statements that are consolidated with those of the entity, comply with any directive issued under this Part, except with respect to any reporting measure as contemplated by paragraph 11.42(2)(e), to the extent it is permitted by, and does not conflict with, the laws of the country in which the branch or subsidiary is located.

(2) If compliance with a directive by a branch or a subsidiary is not permitted by or would conflict with the laws of the country in which the branch or subsidiary is located, the entity shall keep and retain, in accordance with section 6, a record of that fact and of the reasons why it is not permitted or it would conflict, and shall, within a reasonable time, notify the Centre, and the principal agency or body that supervises or regulates it under federal or provincial law, of that fact and those reasons.

270. Section 11.6 of the Act is replaced by the following:

11.6 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that its foreign branches comply with any regulation made under subsection 11.49(1) to the extent it is permitted by, and does not conflict with, the laws of the country in which the branch is located.

271. The Act is amended by adding the following before the heading “Reporting” before section 12:

272. Subsections 12(4) and (5) of the Act are replaced by the following:

(4) Every person arriving in or departing from Canada shall

(a) answer truthfully any questions asked by the officer in the performance of the officer’s duties and functions under this Part; and

(b) if the person is arriving in or departing from Canada with any currency or monetary instruments in respect of which a report is made, on request of an officer, present the currency or monetary instruments that they are carrying or transporting, unload any conveyance or part of a conveyance or baggage and open or unpack any package or container that the officer wishes to examine.

(5) The Canada Border Services Agency shall send the reports they receive under subsection (1) to the Centre. It shall also create an electronic version of the information contained in each report, in the format specified by the Centre, and send it to the Centre by the electronic means specified by the Centre.

273. The portion of subsection 24.1(1) of the Act before paragraph (a) is replaced by the following:

24.1 (1) The Minister, or any officer delegated by the President for the purposes of this section, may, within 90 days after a seizure made under subsection 18(1) or an assessment of a penalty referred to in subsection 18(2),

274. Section 25 of the Act is replaced by the following:

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 90 days after the date of the seizure, request a decision of the Minister as to whether subsection 12(1) was contravened, by giving notice to the Minister in writing or by any other means satisfactory to the Minister.

275. (1) Subsection 36(1.1) of the Act is replaced by the following:

(1.1) An officer may use information referred to in subsection (1) if the officer has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act.

(2) Subsection 36(3.1) of the Act is replaced by the following:

(3.1) If an officer decides to disclose information under any of subsections (2) to (3.01), the officer shall record in writing the reasons for the decision.

276. (1) The portion of section 40 of the English version of the Act before paragraph (a) is replaced by the following:

40. The object of this Part is to establish an agency that

(2) Paragraph 40(a) of the Act is replaced by the following:

(a) acts at arm’s length and is independent from law enforcement agencies and other entities to which it is authorized to disclose information under subsection 55(3), 55.1(1) or 56.1(1) or (2);

(3) Paragraph 40(d) of the Act is replaced by the following:

(d) operates to enhance public awareness and understanding of matters related to money laundering and the financing of terrorist activities; and

277. Subsections 52(2) to (4) of the Act are replaced by the following:

(2) The Director shall keep the Minister and any officer of the Department of Finance whom the Director considers appropriate 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.

(3) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.

(4) The Director shall disclose to a person engaged under subsection 42(4), in the form and manner that the person directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).

278. Sections 53 to 53.2 of the Act are replaced by the following:

53.1 (1) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under Part 1.1.

(2) If the Director is of the opinion that information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), would assist the Minister in carrying out the Minister’s powers and duties under Part 1.1, the Director may disclose that information or analysis to the Minister or any officer of the Department of Finance whom the Director considers appropriate.

53.2 (1) The Director shall not disclose under section 53.1 any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.

279. The portion of subsection 53.3(1) of the Act before paragraph (a) is replaced by the following:

53.3 (1) The Director shall seek consent for disclosure of information that was provided to the Centre in confidence by the institutions, agencies or organizations mentioned in paragraph (a), (b) or (c), as the case may be, if that information is contained in the information or analysis requested by the Minister or an officer of the Department of Finance under subsection 53.1(1):

280. (1) The portion of section 54 of the Act before paragraph (c) is replaced by the following:

54. (1) The Centre

(a) shall receive reports made under section 7, 7.1, 9, 12 or 20, or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

(b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that

(i) is publicly available, including in a commercially available database, or

(ii) is stored in a database maintained, for purposes related to law enforcement or national security, by the federal government, by a provincial government, by the government of a foreign state or by an international organization, if an agreement was entered into under subsection 66(1) to collect such information;

(2) Section 54 of the Act is amended by adding the following after subsection (1):

281. Subsection 54.1(5) of the Act is replaced by the following:

(5) The Centre may analyse and assess the information referred to in subsection (4) and, in that case, that analysis or assessment is deemed to be an analysis or assessment conducted under paragraph 54(1)(c).

282. (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:

55. (1) Subject to subsections (3) and (6.1), sections 52, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:

(2) The portion of subsection 55(3) of the Act before paragraph (a) is replaced by the following:

(3) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, the Centre shall disclose the information to

(3) Paragraph 55(3)(b) of the Act is replaced by the following:

(b) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;

(4) Paragraph 55(3)(c) of the Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

(5) Paragraphs 55(3)(d) and (e) of the Act are replaced by the following:

(d) the Canada Border Services Agency, if the Centre also determines that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act;

(e) the Canada Border Services Agency, if the Centre also determines that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation or exportation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament; and

(6) Section 55 of the Act is amended by adding the following after subsection (6):

(7) Paragraph 55(7)(a) of the Act is replaced by the following:

(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;

(8) Paragraph 55(7)(k) of the Act is replaced by the following:

(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;

(9) Subsection 55(7) of the Act is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (n):

283. (1) Subsection 55.1(1) of the Act is replaced by the following:

55.1 (1) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(c), has reasonable grounds to suspect that designated information would be relevant to threats to the security of Canada, the Centre shall disclose the information to

(a) the Canadian Security Intelligence Serv-ice;

(2) Paragraph 55.1(3)(a) of the Act is replaced by the following:

(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;

(3) Paragraph 55.1(3)(k) of the Act is replaced by the following:

(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;

(4) Subsection 55.1(3) of the Act is amended by striking out “and” at the end of paragraph (m) and by replacing paragraph (n) with the following:

(n) indicators of a money laundering offence, a terrorist activity financing offence or a threat to the security of Canada related to the transaction, attempted transaction, importation or exportation;

284. (1) Subsection 56.1(3) of the Act is replaced by the following:

(3) In order to perform its functions under paragraph 54(1)(c), the Centre may direct queries to an institution or agency in respect of which an agreement or arrangement referred to in paragraph (1)(b) or (2)(b) has been entered into, and in doing so it may disclose designated information.

(2) Section 56.1 of the Act is amended by adding the following after subsection (4):

(3) Paragraph 56.1(5)(a) of the Act is replaced by the following:

(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the person’s occupation or business and gender and the entity’s business;

(4) Paragraph 56.1(5)(k) of the Act is replaced by the following:

(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;

(5) Subsection 56.1(5) of the Act is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (n):

285. Subsection 58(2) of the Act is replaced by the following:

(2) The Centre shall not disclose under subsection (1) 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.

286. Section 58.1 of the Act is replaced by the following:

58.1 (1) The Centre may, at the request of the Minister, disclose information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), to authorities specified by the Minister for the purpose of assisting the Minister in carrying out the Minister’s powers and duties under Part 1.1.

(2) The Centre shall not disclose under subsection (1) any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.

287. (1) Subsection 65(1) of the Act is replaced by the following:

65. (1) The Centre may disclose to the appropriate law enforcement agencies any information of which it becomes aware under subsection (4) or section 62, 63 or 63.1 and that it suspects on reasonable grounds would be relevant to investigating or prosecuting an offence under this Act arising out of a contravention of Part 1 or 1.1.

(2) Section 65 of the Act is amended by adding the following after subsection (3):

288. The Act is amended by adding the following after section 65:

289. The Act is amended by adding the following after section 65.01:

290. Subsections 66(1) and (2) of the Act are replaced by the following:

66. (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, with the government of a province, with the government of a foreign state 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.

(2) Agreements relating to the Centre’s collection of information from databases referred to in paragraph 54(1)(b) must specify the nature of and limits with respect to the information that the Centre may collect from those databases.

291. The Act is amended by adding the following after section 68:

292. Subsection 71(2) of the Act is replaced by the following:

(2) The report referred to in subsection (1) shall include

(a) a description of the management guidelines and policies of the Centre for the protection of human rights and freedoms; and

293. The Act is amended by adding the following after section 72: