Proceeds of Crime (Money Laundering) and Terrorist Financing Act

An Act to facilitate combatting the laundering of proceeds of crime and combatting the financing of terrorist activities, to establish the Financial Transactions and Reports Analysis Centre of Canada and to amend and repeal certain Acts in consequence Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Definitions The definitions in this section apply in this Act. acquirer means an entity that connects a private automated banking machine to a payment card network, as defined in section 3 of the Payment Card Networks Act, to facilitate transactions. (acquéreur) authorized person means a person who is authorized under subsection 45(2). (personne autorisée) Centre means the Financial Transactions and Reports Analysis Centre of Canada established by section 41. (Centre) client includes a person or entity that engages in a financial transaction with another person or entity. (client) Commissioner[Repealed, 2005, c. 38, s. 124] compliance order violation means a violation referred to in subsection 73.18(1). (violation d’un ordre de conformité) courier[Repealed, 2017, c. 20, s. 407] customs office has the same meaning as in subsection 2(1) of the Customs Act. (bureau de douane) entity means a body corporate, a trust, a partnership, a fund or an unincorporated association or organization. (entité) Financial Action Task Force means the Financial Action Task Force on Money Laundering established in 1989. (Groupe d’action financière) foreign state, except for the purposes of Part 2, means a country other than Canada and includes any political subdivision or territory of a foreign state. (État étranger) legal counsel means, in Quebec, an advocate or a notary and, in any other province, a barrister or solicitor. (conseiller juridique) legal firm means an entity that is engaged in the business of providing legal services to the public. (cabinet juridique) mail has the same meaning as in subsection 2(1) of the Canada Post Corporation Act. (envois ou courrier) Minister means, in relation to sections 24.1 to 39 and 39.13 to 39.39, the Minister of Public Safety and Emergency Preparedness and, in relation to any other provision of this Act, the Minister of Finance. (ministre) money laundering offence means an offence under subsection 462.31(1) or (2.1) of the Criminal Code. (infraction de recyclage des produits de la criminalité) officer[Repealed, 2014, c. 20, s. 254] person means an individual. (personne) prescribed means prescribed by regulations made by the Governor in Council. (Version anglaise seulement) prescribed violation means a violation referred to in section 73.13. (violation réglementaire) President means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act. (président) private automated banking machine means any automated banking machine that is not owned or operated by a bank as defined in section 2 of the Bank Act, by an association regulated by the Cooperative Credit Associations Act or by a cooperative credit society, a savings and credit union or a caisse populaire regulated by a provincial Act. (guichet automatique privé) sanctions evasion offence means an offence arising from the contravention of a restriction or prohibition established by an order or regulation made under the United Nations Act, under Part 1 of the Special Economic Measures Act or under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). (infraction de contournement de sanctions) terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code. (activité terroriste) terrorist activity financing offence means an offence under section 83.02, 83.03 or 83.04 of the Criminal Code or an offence under section 83.12 of the Criminal Code arising out of a contravention of section 83.08 of that Act. (infraction de financement des activités terroristes) threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada) violation[Repealed, 2026, c. 4, s. 76] Definitions — regulations The Governor in Council may make regulations defining the following words and expressions: courier; monetary instruments; shell bank; identifying information, for the purposes of subsection 54.1(3); virtual currency; and dealing in virtual currencies. Regulations — recommendation of Minister Regulations under this Act are to be made on the recommendation of the Minister of Finance. Object The object of this Act is to implement specific measures to detect and deter money laundering and the financing of terrorist activities and to facilitate the investigation and prosecution of money laundering offences and terrorist activity financing offences, including establishing record keeping and client identification requirements for financial services providers and other persons or entities that engage in businesses, professions or activities that are susceptible to being used for money laundering or the financing of terrorist activities, requiring the reporting of suspicious financial transactions and of cross-border movements of currency and monetary instruments, and establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information; to respond to the threat posed by organized crime by providing law enforcement officials with the information they need to deprive criminals of the proceeds of their criminal activities, while ensuring that appropriate safeguards are put in place to protect the privacy of persons with respect to personal information about themselves; to assist in fulfilling Canada’s international commitments to participate in the fight against transnational crime, particularly money laundering, and the fight against terrorist activity; and to enhance Canada’s capacity to take targeted measures to protect its financial system and to facilitate Canada’s efforts to mitigate the risk that its financial system could be used as a vehicle for money laundering and the financing of terrorist activities. Binding on Her Majesty This Act is binding on Her Majesty in right of Canada or a province. Application of Part This Part applies to the following persons and entities: authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies; cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act; life companies or foreign life companies to which the Insurance Companies Act applies or life insurance companies regulated by a provincial Act; companies to which the Trust and Loan Companies Act applies; trust companies regulated by a provincial Act; trust companies incorporated or formed by or under a provincial Act that are not regulated by a provincial Act; loan companies regulated by a provincial Act; 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; 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: foreign exchange dealing, remitting funds or transmitting funds by any means or through any person, entity or electronic funds transfer network, transporting currency or money orders, traveller’s cheques or other similar negotiable instruments, issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments, dealing in virtual currencies, in relation to a private automated banking machine, acquirer services, or any prescribed service; persons and entities that do not have a place of business in Canada, that are engaged in the business of providing at least one of the following services that is directed at persons or entities in Canada, and that provide those services to their clients in Canada: persons and entities engaged in a prescribed business, profession or activity; persons and entities engaged in a prescribed business or profession, while carrying out a prescribed activity; the government of a province that, in accordance with paragraph 207(1)(a) of the Criminal Code, in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games, or in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.01) of the Criminal Code, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment; the government of a province that, in accordance with paragraph 207(1)(a) of the Criminal Code, conducts and manages a lottery scheme, other than bingo or the sale of lottery tickets, that is accessible to the public through the Internet or other digital network, except if the network is an internal network within an establishment described in subparagraph (k)(ii); an organization that, in accordance with paragraph 207(1)(b) of the Criminal Code, in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games, unless the organization is a registered charity, as defined in subsection 248(1) of the Income Tax Act, and the lottery scheme is conducted or managed for a period of not more than two consecutive days at a time; the board of a fair or of an exhibition, or the operator of a concession leased by such a board, that, in accordance with paragraph 207(1)(c) of the Criminal Code, in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games; departments and agents or mandataries of Her Majesty in right of Canada or of a province that are engaged in the business of accepting deposit liabilities, that issue or sell money orders to, or redeem them from, the public or that sell prescribed precious metals, while carrying out a prescribed activity; and for the purposes of section 7, employees of a person or entity referred to in any of paragraphs (a) to (l). Clarification For greater certainty, this Part does not apply to persons or entities referred to in paragraph 5(h.1) in respect of the services they provide to persons or entities outside Canada. Record keeping Every person or entity referred to in section 5 shall keep records in accordance with the regulations. Verifying identity Every person or entity referred to in section 5 shall verify the identity of a person or entity in accordance with the regulations. Transactions if reasonable grounds to suspect Subject to section 10.1, every person or entity referred to in section 5 shall, in accordance with the regulations, report to the Centre every financial transaction that occurs or that is attempted in the course of their activities and in respect of which there are reasonable grounds to suspect that the transaction is related to the commission or the attempted commission of a money laundering offence; the transaction is related to the commission or the attempted commission of a terrorist activity financing offence; or the transaction is related to the commission or the attempted commission of a sanctions evasion offence. Disclosure Every person or entity referred to in section 5 shall report to the Centre in accordance with the regulations if the person or entity is required to make a disclosure under section 83.1 of the Criminal Code; an order or regulation made under the United Nations Act; an order or regulation made under Part 1 of the Special Economic Measures Act; or subsection 7(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). Limitation Subsection (1) does not apply to prescribed persons or entities, or prescribed classes of persons or entities, in respect of prescribed transactions or property, or classes of transactions or property, if the prescribed conditions are met. No disclosure of reports No person or entity shall disclose that they have made, are making or will make a report under section 7, or disclose the contents of such a report, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun. Financial transactions to be reported Subject to section 10.1, every person or entity referred to in section 5 shall report to the Centre, in accordance with the regulations, any financial transaction, or any financial transaction within a class of financial transactions, specified in a directive issued under Part 1.1 that occurs or that is attempted in the course of their activities; and any prescribed financial transaction that occurs in the course of their activities. Subsection (1) does not apply to prescribed persons or entities, or prescribed classes of persons or entities, in respect of prescribed transactions, classes of transactions, clients or classes of clients, if the prescribed conditions are met. List of persons Every person or entity referred to in section 5 shall establish and maintain a list, in the prescribed form and manner, of their clients in respect of whom a report would have been required under subsection (1) were it not for subsection (2). However, a person or an entity may choose to report a client’s transactions under subsection (1) instead of maintaining the list in respect of that client. Reports under other Acts Subject to section 9, every person or entity that is required to make a report to the Centre under another Act of Parliament or any regulations under it shall make the report in the form and manner and within the period prescribed under this Act for a report under that Act. Prohibition — government institution or authorized agency Every government institution or agency that accepts a report required by regulations made under paragraph 73(1)(c) or a similar report voluntarily submitted to it is prohibited from disclosing that report or its contents to any person or entity, except in prescribed circumstances. Exceptions However, a government institution or agency may disclose the report or its contents to any of the following: the Centre; the appropriate police force; the Canada Revenue Agency; the Agence du revenu du Québec; an agency or body that administers legislation governing incorporation; any prescribed entity. For greater certainty For greater certainty, subsection (1) does not apply to an entity referred to in any of paragraphs (2)(a) to (f) in respect of a report or its contents if the report or its contents were disclosed to the entity under subsection (2). Prohibition — anonymous account or client No person or entity referred to in section 5 shall open an anonymous account or an account for an anonymous client. Anonymous client A client is anonymous for the purposes of subsection (1) if the person or entity cannot verify the identity of the client in accordance with the regulations or if the client’s name is obviously fictitious. Politically exposed persons 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 a politically exposed foreign person, a prescribed family member of a politically exposed foreign person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed foreign person; a politically exposed domestic person, a prescribed family member of a politically exposed domestic person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed domestic person; or the head of an international organization, a prescribed family member of the head of an international organization, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with the head of an international organization. Measures — politically exposed foreign persons If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall take the measures referred to in the regulations. Measures — other persons 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 there is a high risk of a money laundering offence or a terrorist activity financing offence being committed, the person or entity shall take the measures referred to in the regulations. The following definitions apply in this section. head of an international organization means a person who, at a given time, holds — or has held within a prescribed period before that time — the office or position of head of an international organization that is established by the governments of states; an institution of an organization referred to in paragraph (a); or an international sports organization. (dirigeant d’une organisation internationale) politically exposed domestic person means a person who, at a given time, holds — or has held within a prescribed period before that time — one of the offices or positions referred to in any of paragraphs (a) and (c) to (j) in or on behalf of the federal government or a provincial government or any of the offices or positions referred to in paragraphs (b) and (k): Governor General, lieutenant governor or head of government; member of the Senate or House of Commons or member of the legislature of a province; deputy minister or equivalent rank; ambassador, or attaché or counsellor of an ambassador; military officer with a rank of general or above; president of a corporation that is wholly owned directly by Her Majesty in right of Canada or a province; head of a government agency; judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada; leader or president of a political party represented in a legislature; holder of any prescribed office or position; or mayor, reeve or other similar chief officer of a municipal or local government. (national politiquement vulnérable) 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: head of state or head of government; member of the executive council of government or member of a legislature; president of a state-owned company or a state-owned bank; judge of a supreme court, constitutional court or other court of last resort; leader or president of a political party represented in a legislature; or holder of any prescribed office or position. (étranger politiquement vulnérable) Prohibition if unregistered No entity referred to in paragraph 5(a), (b), (d), (e) or (e.1) and no other entity that is referred to in section 5 and that is prescribed shall open or maintain an account for, or have a correspondent banking relationship with, a person or entity referred to in paragraph 5(h.1) unless that person or entity is registered with the Centre under section 11.1. Definition of correspondent banking relationship For the purposes of this section, correspondent banking relationship means a relationship created by an agreement or arrangement under which an entity referred to in paragraph 5(a), (b), (d), (e) or (e.1) or an entity that is referred to in section 5 and that is prescribed undertakes to provide to a person or entity referred to in paragraph 5(h.1) prescribed services or international electronic funds transfers, cash management or cheque clearing services. Correspondent banking Every entity referred to in any of paragraphs 5(a), (b), (d), (e) and (e.1) and every other entity that is referred to in section 5 and that is prescribed shall take the measures referred to in the regulations in respect of any correspondent banking relationship it enters into with a prescribed foreign entity and shall take the following measures before entering into such a correspondent banking relationship: obtain prescribed information about the foreign entity and its activities; ensure that the foreign entity is not a shell bank as defined in the regulations; obtain the approval of senior management; set out in writing their obligations and those of the foreign entity in respect of the correspondent banking services; and any prescribed measures. Prohibition — shell bank No person or entity shall have a correspondent banking relationship with a shell bank as defined in the regulations. For the purposes of this section, correspondent banking relationship means a relationship created by an agreement or arrangement under which an entity referred to in any of paragraphs 5(a), (b), (d), (e) and (e.1) or an entity that is referred to in section 5 and that is prescribed undertakes to provide to a prescribed foreign entity prescribed services or international electronic funds transfers, cash management or cheque clearing services. Electronic funds transfer Every person or entity that is referred to in section 5 and that is prescribed shall, in respect of a prescribed electronic funds transfer that occurs in the course of their financial activities, include with the transfer any prescribed information and, as the case may be, the name, address and account number of the holder of the account from which the funds for the transfer are withdrawn, or the name, address and reference number of the person or entity that requested the transfer; take reasonable measures to ensure that any transfer that the person or entity receives includes that information; and take any prescribed measures. Compliance program Every person or entity referred to in section 5 shall establish and implement, in accordance with the regulations, a program intended to ensure their compliance with this Part and Part 1.1. Program requirements The person or entity shall ensure that the program is reasonably designed, risk-based and effective. Risk assessment The program shall include the development and application of policies and procedures for the person or entity to assess, in the course of their activities, the risk of a money laundering offence or a terrorist activity financing offence. Special measures If, at any time, the person or entity considers that the risk referred to in subsection (2) is high, or in the prescribed circumstances, the person or entity shall take the special measures referred to in the regulations. Measures and information: paragraph 5(e.1) Every entity referred to in paragraph 5(e.1) shall take the prescribed measures related to the program referred to in subsection 9.6(1) and shall provide the prescribed information to the Centre in the prescribed circumstances. Service An entity referred to in paragraph 5(e.1) must provide to the Centre the name and address for service of a person who resides in Canada and who is authorized to accept, on behalf of the entity, notices that are served or caused to be served by the Centre under this Act. Authorized person The service of a notice by or on behalf of the Centre on an entity referred to in paragraph 5(e.1) is sufficient if it is served on the person whose name is provided under subsection (2). Foreign branches and subsidiaries 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 subsection 2(1) 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 foreign state in which the branch or subsidiary is located. Board approval of policies Before the policies referred to in subsection (1) are applied, the entity’s board of directors, if there is one, shall approve them. Subsection (1) does not apply to an entity that is a subsidiary of an entity to which that subsection applies; or an entity that is a subsidiary of a foreign entity that has developed policies that establish requirements for its subsidiaries that are similar to the requirements of sections 6, 6.1 and 9.6, if that subsidiary is applying those policies to the extent it is permitted by, and do not conflict with, the laws of Canada or a province. Records and reporting 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 foreign state in which the branch or subsidiary is located, the entity shall keep, 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. Information exchange between affiliated entities Every entity referred to in any of paragraphs 5(a) to (g) that is affiliated with an entity referred to in those paragraphs or with a foreign entity that carries out activities similar to those of entities referred to in those paragraphs shall develop and apply policies and procedures related to the exchange of information between the entity and those affiliated entities for the purpose of detecting or deterring a money laundering offence or a terrorist activity financing offence or of assessing the risk of such an offence. Affiliation For the purposes of subsection (1), an entity is affiliated with another entity if one of them is wholly owned by the other, if both are wholly owned by the same entity or if their financial statements are consolidated. Definition of agent or mandatary In sections 9.91 to 9.93, agent or mandatary means an agent or mandatary acting on behalf of a person or entity referred to in paragraph 5(h) to provide any of the services referred to in that paragraph. Agent or mandatary A person or entity referred to in paragraph 5(h) shall not engage a person or entity who is referred to in any of paragraphs 11.11(1)(a) to (f) as an agent or mandatary; and cease engaging an agent or mandatary if they are a person or entity referred to in any of those paragraphs. Duty to verify before engaging an agent or mandatary, verify whether they are a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and within 30 days after the second anniversary of the most recent verification of an agent or mandatary under this section, verify whether the agent or mandatary, if they are acting on behalf of the person or entity on that anniversary, is a person or entity referred to in any of those paragraphs. Agent or mandatary — criminal convictions A person or entity referred to in paragraph 5(h) shall, in respect of an agent or mandatary, obtain and review the documents referred to in subsection (2) before engaging the agent or mandatary; and within 30 days after the second anniversary of the most recent review carried out in respect of the agent or mandatary under this subsection, if the agent or mandatary is acting on behalf of the person or entity on that anniversary. Documents The documents to be obtained and reviewed are the following: if the agent or mandatary is a person, a document that sets out their record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; or if the agent or mandatary is an entity, for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides. Translation If any document referred to in this section is made in a language other than English or French, the person or entity shall also obtain and review a translation of it into one of those languages that is attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that is competent under the laws of that state to do so. Retention The person or entity shall retain, for a prescribed period and in the prescribed manner, any document obtained under this section as well as any prescribed information. Immunity No criminal or civil proceedings lie against a person or an entity for making a report in good faith under section 7, 7.1 or 9, or for providing the Centre with information about suspicions of money laundering, of the financing of terrorist activities or of sanctions evasion. Non-application to legal counsel Sections 7 and 9 do not apply to persons or entities referred to in paragraph 5(i) or (j) who are, as the case may be, legal counsel or legal firms, when they are providing legal services. Solicitor-client privilege or professional secrecy Nothing in this Act requires a legal counsel to disclose any communication that is subject to solicitor-client privilege or, in Quebec, the professional secrecy of legal counsel. Disclosure without consent A person or entity referred to in section 5 may disclose an individual’s personal information to another person or entity referred to in that section without the individual’s knowledge or consent if the information was collected in the course of the person or entity’s activities; the disclosure is reasonable for the purpose of detecting or deterring money laundering, terrorist activity financing or sanctions evasion; making the disclosure with the individual’s knowledge or consent would risk compromising the ability to detect or deter money laundering, terrorist activity financing or sanctions evasion; and the disclosure is made in accordance with the regulations. Collection and use A person or entity referred to in section 5 may collect or use an individual’s personal information without their knowledge or consent if the information was disclosed to the person or entity under subsection (1) and the collection or use is carried out in accordance with the regulations. No criminal or civil proceedings lie against a person or an entity that, in good faith, discloses information under subsection (1) or collects or uses information under subsection (2). Registration requirement Except as otherwise prescribed by regulation, every person or entity referred to in paragraph 5(h) or (h.1), those referred to in paragraph 5(l) that issue or sell money orders to, or redeem them from, the public, and every other person or entity that is referred to in section 5 and that is prescribed must register with the Centre. Ineligible for registration The following persons or entities are not eligible for registration with the Centre: a person or entity that is subject to sanctions associated with terrorist activity or a prohibition relating to financial services under the United Nations Act; a listed entity as defined in subsection 83.01(1) of the Criminal Code; a person or entity that is subject to a prohibition on financial or related services under Part 1 of the Special Economic Measures Act; a foreign national, as defined in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), who is the subject of an order or regulation made under paragraph 4(1)(a) of that Act or whose property is the subject of an order made under paragraph 4(1)(b) of that Act; a politically exposed foreign person, as defined in subsection 2(1) of the Freezing Assets of Corrupt Foreign Officials Act, whose property is the subject of an order or regulation under paragraph 4(1)(a) or an order under paragraph 4(1)(b) of that Act; a person or entity that has been convicted of any of the following: a money laundering offence, or an offence under the laws of a foreign state that is substantially similar to a money laundering offence, a terrorist activity financing offence, or an offence under the laws of a foreign state that is substantially similar to a terrorist activity financing offence, 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 state that is substantially similar to an offence under either Act, an offence under any of sections 83.18 to 83.231, 99 and 100, subsection 163.1(3) and sections 279.01 to 279.02, 286.2, 346, 354 and 467.11 to 467.13 of the Criminal Code, or an offence under the laws of a foreign state that is substantially similar to such an offence, an offence under section 117 or 118 of the Immigration and Refugee Protection Act, an offence under section 131 of that Act in relation to an offence under section 117 or 118 of that Act, or an offence under the laws of a foreign state that is substantially similar to such an offence, or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraphs (i) to (iv); a person or entity that has been convicted on indictment or convicted more than once of an offence under any of the following, or that has been convicted of an offence under the laws of a foreign state that is substantially similar to an offence under any of the following: Part X of the Criminal Code, the Controlled Drugs and Substances Act, except for the offence under subsection 4(1) of that Act, the Cannabis Act, except for an offence under subsection 8(1) of that Act, section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as that section read immediately before May 14, 1997, section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, as that section read immediately before May 14, 1997, section 159 of the Customs Act, or subsection 239(1) or (1.1) of the Income Tax Act; 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 state that is substantially similar to an offence under either Act; a person or entity that, having committed a compliance order violation or a prescribed violation and being liable to a penalty for it, and 30 days having elapsed since the day on which all proceedings in respect of the violation are ended, has still not paid the penalty together with any interest imposed under section 73.28; a person or entity that is acting on behalf of or in concert with a person or entity referred to in paragraph (e.1) for the purpose of evading the payment of a penalty; or any prescribed person or entity. Revocation of registration If a person or entity referred to in subsection (1) is registered with the Centre, its registration is revoked as of the day the person or entity becomes ineligible to register under that subsection. If the Centre becomes aware that a person’s or entity’s registration was revoked under this subsection, it must provide, without delay, a written notice of the revocation to that person or entity. Application for registration An application for registration shall be submitted to the Centre in the prescribed form and manner and shall include a list of the applicant’s agents or mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h) or (h.1), in issuing or selling money orders to, or redeeming them from, the public if the applicant is a person or entity referred to in paragraph 5(l), or in any prescribed activities; if the applicant is a person referred to in paragraph 5(h) or (h.1), a document that sets out the person’s record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; if the applicant is an entity referred to in paragraph 5(h) or (h.1), for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; if the applicant is a person or entity referred to in paragraph 5(h.1), the name and address for service of a person who resides in Canada and who is authorized to accept, on behalf of the person or entity, notices that are served or caused to be served by the Centre under this Act; if the applicant is an entity, the prescribed information in respect of the entity’s incorporation or formation; and any prescribed information. If a document referred to in paragraph (1)(b) or (c) is made in a language other than English or French, the application shall include a translation of it into one of those languages attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that this competent under the laws of that state to do so. Agents, mandataries and branches Any agent, mandatary or branch included on the list is not required to register with the Centre when they are acting in that capacity. Changes to information An applicant or a person or entity registered with the Centre shall notify the Centre, in the prescribed form and manner, of any change to the information provided in the application or of any newly obtained information that should have been included in the application within 30 days after the day on which the applicant or the registered person or entity becomes aware of the change or obtains the new information. Denial or revocation If the name or address for service of a person referred to in paragraph 11.12(1)(c.1) changes, and an applicant or registered person or entity who is or was required to provide the information described in that paragraph does not, within the period referred to in subsection (1), provide the Centre with the new name or address for service, the Centre shall without delay after becoming aware of that fact deny the application, or revoke the registration, as the case may be, and shall, without delay, inform the applicant or registered person or entity of the denial or revocation. Clarifications — applicant 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. Denial of application If the applicant does not provide the Centre with the clarifications within the 30 days, the Centre may deny the application and shall, without delay, inform the applicant of the denial. Notice of registration The applicant is registered with the Centre once the Centre adds the applicant to the registry referred to in subsection 54.1(1). The Centre shall, without delay, send the applicant notice of their registration. The Centre shall deny the application of any person or entity referred to in subsection 11.11(1) and shall, without delay, inform the applicant of the denial. Clarifications — registrant 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. If the registered person or entity does not provide the Centre with the clarifications within the 30 days, the Centre may revoke the registration and shall, without delay, inform the person or entity of the revocation. Revocation — contravention The Centre may revoke the registration of a person or entity that contravenes subsection 62(2) or a notice served under section 63.1 and shall, without delay, inform the person or entity of the revocation. Written reasons Any decision to deny an application or revoke a registration must be in writing with reasons. Renewal of registration A registered person or entity shall renew their registration in the prescribed form and manner every two years or within any longer prescribed period. Cessation of activity When a registered person or entity ceases an activity for which they are registered, they shall notify the Centre in the prescribed form and manner within 30 days after the day on which they cease the activity. Application for review by Director Within 30 days after the day on which the person or entity receives a decision to deny their application or revoke their registration, the person or entity may apply in writing to the Director of the Centre for a review of the decision and may provide any information in support of their application for review. Review by Director The Director shall review the decision as soon as possible and shall take into consideration any information that the Director deems relevant. Decision of Director The Director may either confirm the decision or substitute his or her own decision, and shall, without delay, serve notice of the decision with reasons on the person or entity, together with notice of the right of appeal under subsection 11.4(1). Appeal A person or entity that applied for a review under subsection 11.3(1) may appeal the Director’s decision to the Federal Court within 30 days after the day on which the decision is served, or within any longer period that the Court allows. If the Director does not make a decision within 90 days after the day on which the Director received the application for review, the applicant may appeal to the Federal Court, within 30 days after the day on which the 90-day period expires, the decision to deny the application for registration or revoke the registration. Precautions against disclosure In an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person or entity of information referred to in subsection 55(1). However, the Court is not required to take those precautions with respect to the appellant’s name and operating name. Definition of foreign entity In this Part, foreign entity means an entity referred to in paragraph 5(h.1); or an entity, other than an entity referred to in section 5, that is incorporated or formed by or under the laws of a foreign state, including its subsidiaries, if any, and that does not carry on business in Canada, if it carries out activities similar to those of entities referred to in any of paragraphs 5(a) to (g) or activities referred to in paragraph 5(h) or (h.1). Minister’s written directive 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, foreign entity or entity referred to in paragraph 5(e.1), 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. Measures The measures specified in a directive may include provision for the following matters: the verification of the identity of any person or entity; the exercise of customer due diligence, including ascertaining the source of funds or of virtual currency in any financial transaction, the purpose of any financial transaction or the beneficial ownership or control of any entity; the monitoring of any financial transaction or any account; the keeping of any records; the reporting of any financial transaction to the Centre; and compliance with this Part and Part 1. A requirement in a directive to take a reporting measure as contemplated by paragraph (2)(e) does not apply to persons or entities referred to in paragraph 5(i) or (j) who are, as the case may be, legal counsel or legal firms, when they are providing legal services. Director to communicate directive The Minister may require the Director of the Centre to communicate a directive in accordance with the Minister’s instructions. Relevant circumstances Before issuing a directive, the Minister may take into account any circumstance that the Minister considers relevant. However, the Minister may only issue a directive if an international organization, body, association or coalition or a grouping of states (such as the Financial Action Task Force) of which Canada is a member has called on its members to take measures in relation to a foreign state, foreign entity or entity referred to in paragraph 5(e.1) on the ground that the state’s or entity’s anti-money laundering or anti-terrorist financing measures are ineffective or insufficient; the anti-money laundering or anti-terrorist financing measures that a foreign state, a foreign entity or an entity referred to in paragraph 5(e.1) has implemented are ineffective or insufficient and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system; there is a risk that a foreign state, a foreign entity or a person or entity referred to in section 5 may be facilitating the financing of threats to the security of Canada and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system; or there is a risk that a foreign state, a foreign entity or a person or entity referred to in section 5 may be facilitating sanctions evasion and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system.

Terms and conditions The Minister may impose any terms and conditions in the directive that the Minister considers appropriate. Duty to comply The person or entity to which a directive under this Part applies shall comply with it within the time and in the manner specified in the directive. 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 subsection 2(1) 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 foreign state in which the branch or subsidiary is located. If compliance with a directive by a branch or a subsidiary is not permitted by or would conflict with the laws of the foreign state in which the branch or subsidiary is located, the entity shall keep, 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. [Repealed, 2014, c. 20, s. 269] Inconsistency In the event of any inconsistency or conflict between a directive issued under this Part and a regulation made under this Act, the directive prevails to the extent of the inconsistency or conflict. Statutory Instruments Act A directive issued under this Part is not a statutory instrument within the meaning of the Statutory Instruments Act. However, it must be published in the Canada Gazette. Review The Minister shall, at least every three years after the issuance of a directive under this Part, review that directive to determine whether it is advisable, in the Minister’s opinion, to amend or revoke it. Relevant circumstance In reviewing a directive, the Minister may take into account any circumstance that the Minister considers relevant. Regulations — limitation and prohibition The Governor in Council may make regulations imposing a limitation or a prohibition on any person or entity referred to in section 5, with respect to entering into, undertaking or facilitating, directly or indirectly, any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state, foreign entity or entity referred to in paragraph 5(e.1); prescribing terms and conditions with respect to a limitation or prohibition referred to in paragraph (a); and excluding any transaction or any class of transactions from a limitation or prohibition imposed under paragraph (a). Consultation with Minister of Foreign Affairs The Minister shall consult with the Minister of Foreign Affairs before recommending to the Governor in Council that a regulation be made under subsection (1). The Minister may, before making a recommendation, take into account any circumstance that the Minister considers relevant. However, the Minister may only make a recommendation if an international organization, body, association or coalition or a grouping of states (such as the Financial Action Task Force) of which Canada is a member has called on its members to take measures in relation to a foreign state, foreign entity or entity referred to in paragraph 5(e.1) on the ground that the state’s or entity’s anti-money laundering or anti-terrorist financing measures are ineffective or insufficient, and there is a risk that money laundering activities or terrorist financing activities may be carried out in that foreign state or by means of that foreign entity or entity referred to in paragraph 5(e.1); if the anti-money laundering or anti-terrorist financing measures that a foreign state, a foreign entity or an entity referred to in paragraph 5(e.1) has implemented are ineffective or insufficient, the risk of money laundering activities or terrorist financing activities being carried out in that foreign state or by means of that foreign entity or entity referred to in paragraph 5(e.1) is significant and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system; or if the risk of sanctions evasion being facilitated by or in that foreign state or by means of that foreign entity or entity referred to in paragraph 5(e.1) is significant and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system. The Minister shall, at least every three years after the making of a regulation under this Part, review that regulation to determine whether it is advisable, in the Minister’s opinion, that it be amended or repealed. In reviewing a regulation, the Minister may take into account any circumstance that the Minister considers relevant. Foreign branches 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 subsection 2(1) 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 foreign state in which the branch is located. Ministerial permit The Governor in Council may, by order, authorize the Minister to issue to any person or entity referred to in section 5 a permit to enter into, undertake or facilitate a financial transaction or class of financial transactions, specified by the Minister, that is otherwise limited or prohibited by regulation. A permit may be subject to any terms and conditions that the Minister considers appropriate. Amendment, etc. The Minister may amend, suspend, revoke or reinstate a permit. Definition of officer In this Part, officer has the same meaning as in subsection 2(1) of the Customs Act. Currency and monetary instruments Every person or entity referred to in subsection (3) shall report to an officer, in accordance with the regulations, the importation or exportation of currency or monetary instruments of a value equal to or greater than the prescribed amount. A person or entity is not required to make a report under subsection (1) in respect of an activity if the prescribed conditions are met in respect of the person, entity or activity, and if the person or entity satisfies an officer that those conditions have been met. Who must report Currency or monetary instruments shall be reported under subsection (1) in the case of currency or monetary instruments in the actual possession of a person arriving in or departing from Canada, or that form part of their baggage if they and their baggage are being carried on board the same conveyance, by that person or, in prescribed circumstances, by the person in charge of the conveyance; in the case of currency or monetary instruments imported into Canada by courier or as mail, by the exporter of the currency or monetary instruments or, on receiving notice under subsection 14(2), by the importer; in the case of currency or monetary instruments exported from Canada by courier or as mail, by the exporter of the currency or monetary instruments; in the case of currency or monetary instruments, other than those referred to in paragraph (a) or imported or exported as mail, that are on board a conveyance arriving in or departing from Canada, by the person in charge of the conveyance; and in any other case, by the person on whose behalf the currency or monetary instruments are imported or exported. Duty to answer and comply Every person arriving in or departing from Canada shall answer truthfully any questions asked by the officer in the performance of the officer’s duties and functions under this Part; and 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. Sending reports to Centre 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. [Repealed, 2018, c. 27, s. 174] Temporary retention 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. Importation or exportation by courier or as mail 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. Currency or monetary instruments may no longer be retained under subsection (1) if the officer is satisfied that the currency or monetary instruments have been reported under subsection 12(1). Content of notice The notice referred to in subsection (1) must state the period for which the currency or monetary instruments may be retained; that if, within that period, the currency or monetary instruments are reported under subsection 12(1), they may no longer be retained; and 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 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. Search of the person An officer may search any person who has arrived in Canada, within a reasonable time after their arrival in Canada, any person who is about to leave Canada, at any time before their departure, or 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 equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection. Person taken before senior officer 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 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. Search by same sex 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 An officer may, in order to determine whether there are, on or about a conveyance, currency or monetary instruments of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection, 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 An officer may, in order to determine whether there are, in baggage, currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection, 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 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 equal to or greater than the amount prescribed for the purpose of subsection 12(1). [Repealed, 2017, c. 7, s. 53] Seizure and forfeiture 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. Return of seized currency or monetary instruments The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the individual 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 subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities. Notice of seizure An officer who seizes currency or monetary instruments under subsection (1) shall 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; 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 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. Service of notice 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 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. Recording of reasons for decision If an officer decides to exercise powers under subsection 18(1), the officer shall record in writing reasons for the decision. Report to President and the Centre 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 President and to the Centre. Mail to be made available to an officer 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 equal to or greater than the amount prescribed for the purpose of subsection 12(1) shall be submitted by the Canada Post Corporation to an officer. Mail in the course of post 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 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 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. Non-mailable matter 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. When forfeiture under s. 14(5) An officer who retains currency or monetary instruments forfeited under subsection 14(5) shall send the currency or monetary instruments to the Minister of Public Works and Government Services. When seizure or payment of a penalty An officer who seizes currency or monetary instruments or is paid a penalty under subsection 18(2) shall send the currency or monetary instruments or the penalty, as the case may be, to the Minister of Public Works and Government Services. Time of forfeiture 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. Review of forfeiture 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 24.1 and 25. Corrective measures 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), cancel the seizure, or cancel or refund the penalty, if the Minister is satisfied that there was no contravention; or reduce the penalty or refund the excess amount of the penalty collected if there was a contravention but the Minister considers that there was an error with respect to the penalty assessed or collected, and that the penalty should be reduced. Interest If an amount is refunded to a person or entity under paragraph (1)(a), the person or entity shall be given interest on that amount at the prescribed rate for the period beginning on the day after the day on which the amount was paid by that person or entity and ending on the day on which it was refunded. Request for Minister’s decision 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. Extension of time by Minister If no request for a decision of the Minister is made under section 25 within the period provided in that section, the person or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request. Reasons An application shall set out the reasons why the request was not made on time. Burden of proof The burden of proof that an application has been made under subsection (1) lies on the person or lawful owner claiming to have made it. Notice of decision The Minister shall, without delay after making a decision in respect of an application, notify the applicant in writing of the decision. Conditions for granting application The application is not to be granted unless it is made within one year after the end of the period provided in section 25; and the applicant demonstrates that within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision, it would be just and equitable to grant the application, and the application was made as soon as circumstances permitted. Extension of time by Federal Court The person or lawful owner referred to in section 25 may apply to the Federal Court to have their application under section 25.1 granted within the period of 90 days after the Minister dismisses that application, if it is dismissed; or after 90 days have expired after that application was made, if the Minister has not notified the person or lawful owner of a decision made in respect of it. Application process The application shall be made by filing in the Federal Court a copy of the application made under section 25.1, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it. Powers of the Court The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 25 be deemed to have been made on the date the order was made. the application under subsection 25.1(1) was made within one year after the end of the period provided in section 25; and the person or lawful owner making the application demonstrates that Notice of President If a decision of the Minister is requested under section 25, the President 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 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 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. Deferral of decision If charges are laid with respect to a money laundering offence or a terrorist activity financing 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. 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 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. If there is a contravention If the Minister decides that subsection 12(1) was contravened, the Minister may, subject to the terms and conditions that the Minister may determine, 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; decide that any penalty or portion of any penalty that was paid under subsection 18(2) be remitted; or 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. 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 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 A person who makes a request under section 25 for a decision of the Minister 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 The Federal Courts Act and the rules made under that Act 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 The Minister of Public Works and Government Services shall give effect to the decision of the Court on being informed of it. 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 The service of the President’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. Interest as owner If currency or monetary instruments have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the currency or monetary instruments were when seized, who claims in respect of the currency or monetary instruments an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33. Date of hearing A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing. Notice to President The applicant shall serve notice of the application and of the hearing on the President, or an officer delegated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application. The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President. Definition of court In this section and sections 33 and 34, court means in the Province of Ontario, the Superior Court of Justice; in the Province of Quebec, the Superior Court; in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court; in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench; in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and in Nunavut, the Nunavut Court of Justice. Order If, on the hearing of an application made under subsection 32(1), the court is satisfied that the applicant acquired the interest or right in good faith before the contravention in respect of which the seizure was made, that the applicant is innocent of any complicity in the contravention of subsection 12(1) that resulted in the seizure and of any collusion in relation to that contravention, and that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with subsection 12(1), the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention. A person or entity that makes an application under section 32 or Her Majesty in right of Canada may appeal to the court of appeal from an order made under section 33 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court. Definition of court of appeal In this section, court of appeal means, in the province in which an order referred to in subsection (1) is made, the court of appeal for that province as defined in section 2 of the Criminal Code. The Minister of Public Works and Government Services shall, after the forfeiture of currency or monetary instruments has become final and on being informed by the President that a person or entity has obtained a final order under section 33 or 34 in respect of the currency or monetary instruments, give to the person or entity the currency or monetary instruments; or an amount calculated on the basis of the interest of the applicant in the currency or monetary instruments at the time of the contravention in respect of which they were seized, as declared in the order. The total amount paid under paragraph (1)(b) 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. Prohibition Subject to this section and subsection 12(1) of the Privacy Act, no official shall disclose the following: information set out in a report made under subsection 12(1), whether or not it is completed; any other information obtained for the purposes of this Part; or information prepared from information referred to in paragraph (a) or (b). Use of information 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. Disclosure of information to a police force An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence may disclose the information to the appropriate police force. Disclosure of information to the Centre An officer may disclose to the Centre information referred to in subsection (1) if the officer has reasonable grounds to suspect that it would be of assistance to the Centre in the detection, prevention or deterrence of money laundering or of the financing of terrorist activities. Disclosure of information to Canada Revenue Agency An officer may disclose to the Canada Revenue Agency information referred to in subsection (1) about the circumstances of a seizure under subsection 18(1) if the officer has reasonable grounds to suspect that the currency or monetary instruments seized are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities; and relate to a registered charity as defined in subsection 248(1) of the Income Tax Act, to an entity that has applied for registration as such a registered charity or to a person or any other entity that solicits financial donations from the public. 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. Powers, duties and functions An official may disclose information referred to in subsection (1) for the purpose of exercising powers or performing duties and functions under this Part. Immunity from compulsory processes Subject to section 36 of the Access to Information Act and sections 34 and 37 of the Privacy Act, an official 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 criminal proceedings under an Act of Parliament that have been commenced by the laying of an information or the preferring of an indictment; or any legal proceedings that relate to the administration or enforcement of this Part. Definition of official In this section and section 37, official means a person who obtained or who has or had access to information referred to in subsection (1) in the course of exercising powers or performing duties and functions under this Part. No official shall use information referred to in subsection 36(1) for any purpose other than exercising powers or performing duties and functions under this Part. Agreements with foreign states The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has reporting requirements similar to those set out in this Part, whereby information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of currency or monetary instruments; and information contained in reports in respect of currency or monetary instruments imported into that state from Canada will be provided to the Canada Border Services Agency. Information sent under an agreement When an agreement or arrangement referred to in subsection (1) is in effect with a foreign state or an institution or agency of that state and a person fulfils the reporting requirements of that state in respect of currency or monetary instruments that are imported into that state from Canada, the person is deemed to have fulfilled the requirements set out in section 12 in respect of the exportation of the currency or monetary instruments. Information received by the Centre The information received under an agreement or arrangement referred to in subsection (1) shall be sent to the Centre and, for the purposes of any provision of this Act dealing with the confidentiality of information or the collection or use of information by the Centre, is deemed to be information set out in a report made under section 12. The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has powers and duties similar to those of the Canada Border Services Agency, whereby the Canada Border Services Agency may, if it has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, provide information set out in a report made under section 20 to that government, institution or agency. Minister’s duties The Minister may authorize an officer or a class of officers to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Part. President’s duties The President may authorize an officer or a class of officers to exercise powers or perform duties of the President under this Part. The following definitions apply in this Part. goods has the same meaning as in subsection 2(1) of the Customs Act. (marchandises) officer has the same meaning as in subsection 2(1) of the Customs Act. (agent) Reporting Every person or entity referred to in subsection (3) that reports the importation or exportation of goods under section 12 or 95 of the Customs Act shall declare to an officer, in accordance with the regulations, whether the goods are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or are goods relating to money laundering, to the financing of terrorist activities or to sanctions evasion; and that the goods are actually being imported or exported, as the case may be. A person or entity is not required to make a declaration under subsection (1) if the prescribed conditions are met in respect of the person, entity, importation or exportation, and if the person or entity satisfies an officer that those conditions have been met. Goods shall be declared under subsection (1) in the case of goods in the actual possession of a person arriving in or departing from Canada, or that form part of their baggage if they and their baggage are being carried on board the same conveyance, by that person or, in prescribed circumstances, by the person in charge of the conveyance; in the case of goods imported into Canada by courier or as mail, by the exporter of the goods or, on receiving notice under subsection 39.03(2), by the importer; in the case of goods exported from Canada by courier or as mail, by the exporter of the goods; in the case of goods, other than those referred to in paragraph (a) or imported or exported as mail, that are on board a conveyance arriving in or departing from Canada, by the person in charge of the conveyance; and in any other case, by the person or entity on whose behalf the goods are imported or exported. Payment for goods A declaration referred to in subsection (1) must be made in respect of any financial transaction purporting to pay for goods being imported or exported in respect of which such declaration is required under that subsection. Duty to answer Every person or entity referred to in subsection (3) that reports the importation or exportation of goods shall answer any questions asked by an officer in the exercise of their powers and the performance of their duties and functions under this Part. Records Any person or entity that imports or exports goods or that causes or arranges for goods to be imported or exported — for sale or for any industrial, occupational, commercial, institutional or other like use, or any other use that may be prescribed — or that produces, supplies, distributes, consumes or holds those goods for such a purpose shall keep at the person or entity’s place of business in Canada, or at any other place that the Minister may designate, any records in respect of the goods in any manner and for any period of time that may be prescribed. The person or entity shall, if an officer so requests, make the records available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of them. Customs Act Subsection 40(2) and sections 42 and 43 of the Customs Act apply, with any modifications that the circumstances require, to a person or entity that is required to keep records under subsection (6). Obligation to provide accurate information Any information provided to an officer in the administration or enforcement of this Part shall be true, accurate and complete. Subject to subsections (2) to (5), if a person or an entity indicates to an officer that they have goods to declare under section 39.02 but the declaration has not yet been completed, the officer may, after giving notice in the prescribed manner to the person or entity, retain the goods for the prescribed period. In the case of goods 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. Goods may no longer be retained under subsection (1) if the officer is satisfied that the goods have been the subject of a declaration under section 39.02. the period for which the goods may be retained; that if, within that period, the goods are declared under section 39.02, they may no longer be retained; and that goods retained at the end of that period are forfeited to His Majesty in right of Canada at that time. Forfeiture Goods that are retained by an officer under subsection (1) are forfeited to His Majesty in right of Canada at the end of the period referred to in that subsection. Search of person If an officer suspects on reasonable grounds that they have secreted on or about their person goods that have not been declared in accordance with section 39.02 or that are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or are goods relating to money laundering, to the financing of terrorist activities or to sanctions evasion, the officer may search any person who has arrived in Canada, within a reasonable time after their arrival in Canada; any person who is about to leave Canada, at any time before their departure; or 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. Paragraphs 99(1)(a) to (c.1), (e) and (f), subsection 99(4) and paragraph 99.1(2)(b) of the Customs Act apply, with any modifications that the circumstances require, to goods that must be declared under section 39.02. If an officer has reasonable grounds to believe that goods are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or are related to money laundering, the financing of terrorist activities or sanctions evasion, the officer may seize as forfeit the goods. An officer who seizes goods under subsection (1) shall if the goods were not imported or exported as mail, give the person from whom they were seized written notice of the seizure and the right to review and appeal set out in sections 39.14 and 39.21; if the goods were imported or exported as mail and the address of the exporter is known, give the exporter written notice of the seizure and the right to review and appeal set out in sections 39.14 and 39.21; and take the measures that are reasonable in the circumstances to give notice of the seizure to any person or entity that the officer believes on reasonable grounds is entitled to make an application under section 39.23 in respect of the goods. The service of a notice under paragraph (2)(b) is sufficient if it is sent by registered mail addressed to the exporter. 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 that power. If an officer decides to exercise powers under subsection 39.06(1), the officer shall record in writing reasons for the decision. Report to President If the goods have been seized under section 39.06, the officer who seized them shall without delay report the circumstances of the seizure to the President. Forfeiture under subsection 39.03(5) An officer who retains goods forfeited under subsection 39.03(5) shall send the goods to the Minister of Public Works and Government Services. Seizure An officer who seizes goods shall send the goods to the Minister of Public Works and Government Services. Subject to sections 39.14 to 39.22, goods seized under subsection 39.06(1) are forfeited to His Majesty in right of Canada from the time of the contravention in respect of which they were seized, and no act or proceeding after the forfeiture is necessary to effect the forfeiture. The forfeiture of goods seized under this Part is final and is not subject to review and is not to be set aside or otherwise dealt with, except to the extent and in the manner provided by sections 39.13 and 39.14. 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 39.06(1), cancel the seizure if the Minister is satisfied that there was no contravention. A person or entity from which goods were seized under subsection 39.06(1), or the lawful owner of the goods, may — within 90 days after the date of the seizure and by giving notice to the Minister in writing or by any other means satisfactory to the Minister — request a decision of the Minister as to whether the officer who seized the goods had reasonable grounds to believe that the goods were proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or were related to money laundering, to the financing of terrorist activities or to sanctions evasion. If no request is made under section 39.14 within the period provided in that section, the person, entity or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request. Content The burden of proof that an application has been made under subsection (1) lies on the person, entity or lawful owner claiming to have made it. it is made within one year after the end of the period provided in section 39.14; and within the period provided in section 39.14, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision, The person, entity or lawful owner referred to in section 39.14 may apply to the Federal Court to have their application under section 39.15 granted after 90 days have expired after that application was made, if the Minister has not notified the person, entity or lawful owner of a decision made in respect of it. The application shall be made by filing in the Federal Court a copy of the application made under section 39.15, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it. The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 39.14 be deemed to have been made on the date the order was made. the application under section 39.15 was made within one year after the end of the period provided in section 39.14; and If a request for a decision is a made under section 39.14, the President shall without delay serve on the person, entity or lawful owner who requested it written notice of the circumstances of the seizure in respect of which the decision is requested. The person, entity or lawful owner may, within 30 days after the notice is served, furnish any evidence in the matter that they desire to furnish. Decision of Minister Within 90 days after the end of the period referred to in subsection 39.17(2), the Minister shall decide whether the officer who seized the goods had the reasonable grounds referred to in section 39.14. If charges are laid with respect to a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence in respect of the goods 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. The Minister shall, without delay after making a decision, serve on the person, entity or lawful owner who requested it a written notice of the decision together with the reasons for it.

Return of goods If the Minister decides that the officer who seized the goods did not have the reasonable grounds referred to in section 39.14, the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the goods or an amount of money equal to their value at the time of the seizure, as the case may be. Confirmation of forfeiture If the Minister decides that the officer who seized the goods had the reasonable grounds referred to in section 39.14, the Minister may, subject to the terms and conditions that the Minister may determine and subject to any order made under section 39.24 or 39.25, confirm that the goods are forfeited to His Majesty in right of Canada. A person, entity or lawful owner who makes a request under section 39.14 for a decision of the Minister may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which they are the plaintiff and the Minister is the defendant. If the goods 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 His Majesty in right of Canada in respect of the goods. The service of the President’s notice under section 39.17 or the notice of the Minister’s decision under section 39.18 is sufficient if it is sent by registered mail addressed to the person or entity on which it is to be served at their latest known address. If goods have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the goods were when seized, that claims in respect of the goods an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 39.24. In this section and sections 39.24 and 39.25, court means in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court; in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of King’s Bench; and On the hearing of an application made under subsection 39.23(1), the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention that resulted in the seizure if the court is satisfied that the applicant acquired the interest or right in good faith before the contravention; that the applicant is innocent of any complicity in the contravention and of any collusion in relation to it; and that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the goods seized would declare them in accordance with section 39.02. A person or entity that makes an application under section 39.23 or His Majesty in right of Canada may appeal to the court of appeal from an order made under section 39.24 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court. The Minister of Public Works and Government Services shall, after the forfeiture of goods has become final and on being informed by the President that a person or entity has obtained a final order under section 39.24 or 39.25 in respect of the goods, give to the person or entity the goods; or an amount calculated on the basis of the interest of the applicant in the goods at the time of the contravention in respect of which they were seized, as declared in the order. The total amount paid under paragraph (1)(b) shall, if the goods 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 His Majesty in right of Canada in respect of the goods. information set out in a declaration made under section 39.02, whether or not it is completed; Disclosure of relevant information If an officer has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to investigating or prosecuting a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, the officer may disclose the information to the Canada Revenue Agency, if the officer 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; the Agence du revenu du Québec, if the officer 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 imposed under an Act of Parliament or of the legislature of Quebec administered by the Minister of Revenue of Quebec; the Canada Revenue Agency, if the officer also has reasonable grounds to suspect that the information is relevant to determining whether a registered charity, as defined in subsection 248(1) of the Income Tax Act, has ceased to comply with the requirements of that Act for its registration as such, whether a person or entity that the officer has reasonable grounds to suspect has applied to be a registered charity, as defined in subsection 248(1) of the Income Tax Act, is eligible to be registered as such, or whether a person or entity that the officer has reasonable grounds to suspect may apply to be a registered charity, as defined in subsection 248(1) of the Income Tax Act, has made or will make available any resources, directly or indirectly, to a listed entity as defined in subsection 83.01(1) of the Criminal Code, has made available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that was at that time, and continues to be, engaged in terrorist activities as defined in that subsection or activities in support of them, or has made or will make available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that engages or will engage in terrorist activities as defined in that subsection or activities in support of them; the Communications Security Establishment, if the officer also determines that the information is relevant to the foreign intelligence aspect of the Communications Security Establishment’s mandate, referred to in section 16 of the Communications Security Establishment Act; the Competition Bureau, if the officer also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under the Competition Act, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act or the Textile Labelling Act or an attempt to commit such an offence; an agency or body that administers the securities legislation of a province, if the officer also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under that legislation; the Minister of Foreign Affairs or a Minister designated under subsection 6(2) of the Special Economic Measures Act, if the officer also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; the Minister of Foreign Affairs or a Minister designated under subsection 2.1(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), if the officer also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; the Department of the Environment, if the officer also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under an Act administered by the Minister of the Environment or an attempt to commit such an offence; and the Department of Fisheries and Oceans, if the officer also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under an Act administered by the Minister of Fisheries and Oceans or an attempt to commit such an offence. Disclosure — threats to security of Canada If an officer has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to threats to the security of Canada, the officer may disclose the information to the Canadian Security Intelligence Service; the appropriate police force, if the officer also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence under Canadian law that the officer has reasonable grounds to suspect arises out of conduct constituting such a threat; the Department of National Defence and the Canadian Forces, if the officer also has reasonable grounds to suspect that the information is relevant to the conduct of the Department’s or the Canadian Forces’ investigative activities related to such a threat; and the Office of the Superintendent of Financial Institutions, if the officer also has reasonable grounds to suspect that the information is relevant to the exercise of the powers or the performance of the duties and functions of the Superintendent under the Office of the Superintendent of Financial Institutions Act. Disclosure of information to Centre An officer may disclose to the Centre information referred to in subsection (1) if the officer has reasonable grounds to suspect that it would be of assistance to the Centre in the detection, prevention or deterrence of money laundering, of the financing of terrorist activities or of sanctions evasion. If an officer decides to disclose information under subsection (3), (4) or (5), the officer shall record in writing the reasons for the decision. In this section and section 39.28, official means a person who obtained or who has or had access to information referred to in subsection (1) in the course of exercising powers or performing duties and functions under this Part. No official shall use information referred to in subsection 39.27(1) for any purpose other than exercising powers or performing duties and functions under this Part or for the purposes of the Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Customs Act or any other law relating to customs. Feedback, research and public education The Canada Border Services Agency may inform persons and entities that have provided a declaration under section 39.02 about measures that have been taken with respect to those declarations; conduct research into trends and developments in the area of money laundering, the financing of terrorist activities, sanctions evasion and the financing of threats to the security of Canada relating to the importation and exportation of goods and into improved ways of detecting, preventing and deterring money laundering, the financing of terrorist activities, sanctions evasion and the financing of threats to the security of Canada; and undertake measures to inform the public, any persons and entities referred to in section 39.02, any authorities engaged in the investigation and prosecution of money laundering offences, terrorist activity financing offences and sanctions evasion offences and any others with respect to their obligations under this Part, the nature and extent of money laundering inside and outside Canada relating to the importation and exportation of goods, the nature and extent of the financing of terrorist activities inside and outside Canada relating to the importation and exportation of goods, the nature and extent of the financing, inside and outside Canada, of threats to the security of Canada relating to the importation and exportation of goods, the nature and extent of sanctions evasion inside and outside Canada relating to the importation and exportation of goods, and measures that have been or might be taken to detect, prevent and deter money laundering — as well as the financing of terrorist activities, sanctions evasion and the financing of threats to the security of Canada — inside or outside Canada, and the effectiveness of those measures. The Canada Border Services Agency shall not disclose under subsection (1) any information that would directly or indirectly identify any of the following persons or entities: a person who provided a report or information to the Canada Border Services Agency; a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act about whom a report or information was provided; a person in Canada or an entity that has a place of business in Canada about whom a report or information was provided. The Minister, with the consent of the Minister designated for the purposes of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has reporting requirements similar to those set out in this Part, whereby information set out in a declaration made under section 39.02, and any other related information, in respect of goods imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of goods; and information contained in reports, and any other related information, in respect of goods imported into that state from Canada will be provided to the Canada Border Services Agency. The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has powers and duties similar to those of the Canada Border Services Agency, whereby the Canada Border Services Agency may, if it has reasonable grounds to believe that information collected under this Part would be relevant to investigating or prosecuting a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, provide that information to that government, institution or agency. Declaration The Minister may include on any form a declaration, to be signed by the person completing the form, declaring that the information given by that person on the form is true, accurate and complete. Electronic administration and enforcement This Part may be administered and enforced using electronic means. Any person on whom powers, duties or functions are conferred under this Part may exercise any of those powers or perform any of those duties or functions using the electronic means made available or specified by the Minister. Authorization Any person who has been authorized to exercise any power or perform any duty or function conferred on a person referred to in subsection (1) under this Part may do so using the electronic means that are made available or specified by the Minister. Provision of information For the purposes of sections 39.36 to 39.38, providing information includes providing a signature and serving, filing or otherwise providing a record or document. Conditions for electronic version A requirement under this Part to provide information — in any form or manner or by any means — is satisfied by providing the electronic version of the information if the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister, if any; and any prescribed requirements with respect to electronic communications or electronic means have been met. Deemed timing of receipt Any information provided by electronic means, including an electronic system, in accordance with section 39.34 or 39.36, is deemed to be received if the regulations provide for a day, on that day; if the regulations provide for a day and time, on that day and at that time; or if the regulations do not provide for a day or a day and a time, on the day and at the time that the information is sent. Regulations The Governor in Council may make regulations in respect of electronic communications and electronic means, including electronic systems, or any other technology to be used in the administration or enforcement of this Part, including regulations respecting the provision of information for any purpose under this Part in electronic or other form; the payment of amounts under this Part by electronic instructions; and the manner in which and the extent to which any provision of this Part, or its regulations, applies to the electronic communications or electronic means, including electronic systems, and adapting any such provision for the purpose of applying it. Classes Regulations made for the purpose of section 39.36 may establish classes and distinguish among those classes. The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with this Part, including regulations designating as a violation the contravention of a specified provision of this Part; classifying each violation or series of violations; respecting the penalties that may be imposed for a violation, including in relation to the amount, or range of amounts, of the penalties that may be imposed on persons or entities or classes of persons or entities, the factors to be taken into account in imposing a penalty, the payment of penalties that have been imposed, and the recovery, as a debt, of unpaid penalties and any additional penalty to be paid in respect of those unpaid penalties; respecting the powers, duties and functions of the Canada Border Services Agency and of any person or class of persons who may exercise powers or perform duties or functions with respect to the scheme, including the designation of such persons or classes of persons by the President of the Agency; respecting the proceedings in respect of a violation, including in relation to commencing the proceedings, the defences that may be available in respect of a violation, and the circumstances in which the proceedings may be brought to an end; and respecting reviews or appeals of any orders or decisions in the proceedings. Violation or offence If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. The object of this Part is to establish an agency that 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); collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering, of the financing of terrorist activities and of sanctions evasion, and in order to assist the Minister in carrying out the Minister’s powers and duties under Part 1.1; ensures that personal information under its control is protected from unauthorized disclosure; operates to enhance public awareness and understanding of matters related to money laundering, the financing of terrorist activities and sanctions evasion; and ensures compliance with Parts 1 and 1.1. Centre established There is hereby established the Financial Transactions and Reports Analysis Centre of Canada. Powers of Centre The Centre may exercise powers only as an agent of Her Majesty in right of Canada. Minister is responsible The Minister is responsible for the Centre. Minister may direct The Minister may direct the Centre on any matter that, in the Minister’s opinion, materially affects public policy or the strategic direction of the Centre. Statutory instruments A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act. Advisor The Minister may from time to time engage the services of any person to advise and report to the Minister on any matter referred to in subsection (2). Appointment of Director The Governor in Council shall appoint a Director to hold office during pleasure for a term of not more than five years. Reappointment Subject to subsection (3), the Director is eligible to be reappointed on the expiry of a first or subsequent term of office. No person shall hold office as Director for terms of more than ten years in the aggregate. Absence or incapacity In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint a qualified person to hold office instead of the Director for a term of not more than six months, and the person shall, while holding that office, have all of the powers, duties and functions of the Director under this Part. Delegation by Director The Director may delegate to any person, subject to any terms and conditions that the Director may specify, any power, duty or function conferred on the Director under this Act. Accident compensation The Director and the employees of the Centre are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Director’s powers The Director is the chief executive officer of the Centre, has supervision over and direction of its work and employees and may exercise any power and perform any duty or function of the Centre. The Director has the rank and all the powers of a deputy head of a department. Directions to authorized persons The Director may authorize any person to act, under the Director’s direction, for the purposes of sections 62 to 64. Employees An employee of the Centre may exercise any power and perform any duty or function of the Centre if the employee is appointed to serve in the Centre in a capacity appropriate to the exercise of the power or the performance of the duty or function. Remuneration The Director shall be paid the remuneration fixed by the Governor in Council. Head office The head office of the Centre is to be in the National Capital Region, as described in the schedule to the National Capital Act. Other offices The Director may, with the approval of the Minister, establish other offices of the Centre elsewhere in Canada. Personnel The Director has exclusive authority to appoint, lay off or terminate the employment of the employees of the Centre; and establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of the employment of employees otherwise than for cause. Right of employer Nothing in the Federal Public Sector Labour 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). Human resources management Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may determine the organization of and classify the positions in the Centre; set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties; notwithstanding section 112 of the Federal Public Sector Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and provide for any other matters that the Director considers necessary for effective human resources management in the Centre. Political activities Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act. Advance amounts out of C.R.F. Subject to subsection (2), the Minister may, in any fiscal year on terms and conditions — including the rate of interest, if any — that are determined by the Minister, advance amounts out of the Consolidated Revenue Fund to the Centre to permit it to defray its costs of operation. Spending authority In carrying out its responsibilities, the Centre may spend assessments and other revenues received through the conduct of its operations in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. The amount of those assessments or other revenues shall be paid out of the Consolidated Revenue Fund. Payment for activity If the Centre carries on any activity under paragraph 58(1)(b) or (c) on the Minister’s recommendation, the Minister may on terms and conditions approved by the Treasury Board, in any fiscal year, make a payment out of the Consolidated Revenue Fund to the Centre for the purposes of the activity. Authority to provide services When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so. Centre to ascertain expenses The Centre shall, before December 31 in each year, ascertain the total amount of prescribed expenses — excluding the expenses incurred for the disclosure of designated information under subsection 55(3), 55.1(1) or 56.1(1), (2) or (3) and for the analysis and assessment of reports and information made for the purposes of that disclosure — incurred during the immediately preceding fiscal year for or in connection with the administration of this Act. Amount conclusive The amount ascertained under subsection (1) is final and conclusive for the purposes of this section. Assessment As soon as feasible after ascertaining the amount under subsection (1), the Centre shall assess a portion of the total amount of expenses against every prescribed person or entity referred to in section 5 to the prescribed extent and in the prescribed manner. Interim assessment The Centre may, during each fiscal year, make an interim assessment against any person or entity referred to in section 5. Assessment of particular expenses The Centre may assess against a person or entity referred to in section 5 a prescribed charge and applicable disbursements for any prescribed service provided to them by or on behalf of the Centre. The Centre may, during each fiscal year, make an interim assessment against the person or entity towards the amount to be assessed against them under subsection (1). Prescribed information For the purposes of making an assessment or interim assessment under section 51.1 or 51.2, the Centre may collect prescribed information that is publicly available; provided to the Centre under an agreement entered into under subsection 66(1); or provided to the Centre under subsection (2). Request by Centre For the purposes of paragraph (1)(c), the Centre may request that a person or entity referred to in section 5 provide the Centre with the prescribed information. The person or entity shall comply with the Centre’s request in the prescribed time and manner. Assessment binding Every assessment and interim assessment made under section 51.1 or 51.2 is final and conclusive and binding on the person or entity against which it is made. Recovery Every assessment and interim assessment constitutes a debt due to Her Majesty in right of Canada, is immediately payable and may be recovered as a debt in any court of competent jurisdiction. Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time plus 2%. Director to report to Minister 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. On or before September 30 of each year, the Director shall submit to the Minister a report on the Centre’s activities for the preceding year that includes the following information about that year’s activities as well as information on any matters that the Minister or an officer of the Department of Finance specifies: a description of the activities carried out by the Centre to ensure compliance with Parts 1 and 1.1, including a description of those activities by class of persons or entities referred to in section 5, and of its conclusions as to the compliance of those persons or entities with Parts 1 and 1.1; any measures undertaken under paragraph 58(1)(c); and a description, with the relevant statistics included, of the results achieved by and the effectiveness of the Centre in the exercise of its powers and the performance of its duties and functions. Obligation to inform 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. Director to disclose other information 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. Disclosure of information to advisor 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). The Director shall not disclose under section 52 any information collected by the Centre under subparagraph 54(1)(b)(ii); any information referred to in paragraphs 55(1)(a) to (b.1), (c) or (d); any information referred to in paragraph 55(1)(e) that the Centre prepared for possible disclosure under subsection 55(3), section 55.1 or subsection 56.1(1) or (2); or any information that would directly or indirectly identify a client or employee of a person or entity referred to in section 5. For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under section 52, the Director shall provide the document with that information excluded. Director or officer to disclose information for the purpose of Part 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. Director may disclose information 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. The Director shall disclose under subsection 53.1(1) information that would directly or indirectly identify any person or entity only if the person or entity is a foreign entity, as defined in section 11.41; the person or entity is one referred to in section 5; or the information is requested for the purpose of carrying out the Minister’s powers and duties under section 11.7. For greater certainty, if information referred to in subsection (1) that would directly or indirectly identify any person or entity, other than one referred to in paragraph (1)(a) or (b), is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under subsection 53.1(1), the Director shall provide the document with that information excluded. Director to seek consent 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): federal or provincial law enforcement agencies; federal government institutions or federal government agencies; or a government of a foreign state, an international organization or an institution or agency of a foreign state that has powers and duties similar to those of the Centre, with which the Minister or the Centre has entered into a written agreement or arrangement under subsection 56(1) or (2), if the agreement or arrangement so provides. No disclosure without consent The Director shall not disclose the information that was provided to the Centre in confidence before having obtained the consent referred to in subsection (1). Information — assessment of risks For the purpose of assessing risks to the integrity of the Canadian financial system that may arise from the grant, revocation, suspension or amendment of an approval, the Minister, officers of the Department of Finance, the Director and the Superintendent of Financial Institutions may disclose to each other, and collect from each other, any information that relates both to the approval and to money laundering activities or terrorist financing activities. Limitation — Director The Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.1. Definition of approval In subsection (1), approval has the same meaning as in section 973 of the Bank Act, section 1016 of the Insurance Companies Act and section 527.2 of the Trust and Loan Companies Act. National security or integrity of financial system For the purpose of assisting the Minister in determining whether to grant, revoke, suspend or amend an approval or in exercising the Minister’s powers or performing the Minister’s functions and duties under any of sections 32 to 47 and 96 of the Retail Payment Activities Act, the Director may, 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, any information that is under the control of the Centre and that relates to national security or to safeguarding the integrity of Canada’s financial system. Any information disclosed under subsection (1) may be used by the recipient only for the purpose of deciding whether to grant, revoke, suspend or amend an approval or in the exercise of the powers, or the performance of the functions and duties, referred to in subsection (1). The Director shall cause to be kept a record of any request for information referred to in subsection (1) and of any information that is disclosed under that subsection. In this section, approval has the same meaning as in section 973 of the Bank Act, section 1016 of the Insurance Companies Act and section 527.2 of the Trust and Loan Companies Act. National Security and Intelligence Review Agency Act 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 under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Review Agency Act. Office of the Superintendent of Financial Institutions Act For the purpose referred to in subsection 18(3) of the Office of the Superintendent of Financial Institutions Act, the Director may disclose to, and collect from, the other members of the committee established under subsection 18(1) of that Act any information referred to in that subsection 18(3). National Security and Intelligence Committee of Parliamentarians Act 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 under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Committee of Parliamentarians Act. Retail Payment Activities Act The Centre shall, within 30 days after the day on which it receives the information referred to in section 31 of the Retail Payment Activities Act, notify the Bank of Canada if an applicant referred to in that section has, during the five-year period before the day on which the application was submitted, been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act; has, during the five-year period before the day on which the application was submitted, been served under subsection 73.15(4) of this Act with a notice of a decision or of an imposed penalty in relation to a serious or very serious violation; or is not registered under this Act. Information respecting payment service providers The Centre shall notify the Bank of Canada as soon as feasible if a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act; under subsection 73.15(4) of this Act, the Director causes, in relation to a serious or very serious violation, a notice of a decision or of an imposed penalty to be issued and served on a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act; or the Centre revokes the registration under this Act of a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act. Reviews and appeals The Centre shall notify the Bank of Canada as soon as feasible if a finding of guilt referred to in paragraph (2)(a) is appealed, if a notice referred to in paragraph (2)(b) is appealed or if a revocation of registration referred to in paragraph (2)(c) is reviewed or appealed and shall notify the Bank of Canada as soon as feasible of the outcome of the appeal or review. Exception The Centre is not required to notify the Bank of Canada of a finding of guilt referred to in paragraph (1)(a) or (2)(a) or an appeal referred to in subsection (3) if that information is not readily accessible by the Centre. Special Economic Measures Act, Part 2 At the request of the Minister or an officer of the Department of Finance, the Director shall, for the purposes of Part 2 of the Special Economic Measures Act, disclose to the Minister or the officer any information received by the Centre under paragraph 7.1(1)(c) from a financial institution, as defined in section 3 of the Office of the Superintendent of Financial Institutions Act. Reports and information The Centre 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, of the financing of terrorist activities or of sanctions evasion; may collect information that the Centre considers relevant to money laundering activities, the financing of terrorist activities and activities relating to sanctions evasion that is publicly available, including in a commercially available database, or 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; shall analyse and assess the reports and information; subject to section 6 of the Privacy Act, shall retain each report referred to in paragraph (a) and all information referred to in paragraph (a) or (b) for 10 years beginning on the day on which the report is received or the information is received or collected; and despite the Library and Archives of Canada Act, shall destroy, 15 years after the day on which a report referred to in paragraph (a) is received, any identifying information contained in the report if the report was not disclosed under subsection 55(3), 55.1(1) or 56.1(1) or (2). Information required for analysis and assessment For greater certainty, if the Centre receives a report from a person or entity referred to in section 5, the Centre may, for the purposes of paragraph (1)(c), request that the person or entity provide any information required in the report. Destruction of certain information The Centre shall destroy any information contained in a document, whether in written form or in any other form, that it receives that purports to be a report made under section 7, 7.1, 9 or 12, made in accordance with a directive issued under Part 1.1, sent under subsection 14(5) or referred to in section 9.1, and that it determines, in the normal course of its activities, relates to a financial transaction or circumstance that is not required to be reported to the Centre under this Act, and shall destroy any information voluntarily provided to the Centre by the public that it determines, in the normal course of its activities, is not about suspicions of money laundering, of the financing of terrorist activities or of sanctions evasion. The Centre shall destroy the information within a reasonable time after the determination is made. Registrar The Centre is responsible for establishing and maintaining a registry of the prescribed information submitted under sections 11.12 to 11.3. Registry The registry shall be organized in any manner and kept in any form that the Centre may determine. Public access The Centre shall make available to the public the part of the information referred to in subsection (1) that is identifying information as defined in the regulations. Verification of information The Centre may verify the information contained in any application for registration or any other information submitted under sections 11.12 to 11.3. Analysis of information 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). Retention of information Subject to section 6 of the Privacy Act, the Centre shall retain information referred to in subsection (4) for 10 years beginning on the day on which the Centre denies the registration of an applicant, on which a registered person or entity notifies the Centre that they have ceased their activities, or on which a person or entity is no longer registered with the Centre. Disclosure by Centre prohibited Subject to subsections (3) and (6.1), sections 52, 53.1, 53.31 to 53.6, 55.1, 56.1 and 56.2, subsection 58(1) and sections 58.1, 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: information set out in a report made under section 7; information set out in a report made under section 7.1; information set out in a report made under section 9; information set out in a report referred to in section 9.1; information provided under sections 11.12 to 11.3 except for identifying information referred to in subsection 54.1(3); information set out in a report made under subsection 12(1), whether or not it is completed, or section 20; information voluntarily provided to the Centre about suspicions of money laundering, of the financing of terrorist activities or of sanctions evasion; information prepared by the Centre from information referred to in paragraphs (a) to (d); or any other information, other than publicly available information, obtained in the administration or enforcement of this Part. Disclosure by others prohibited The prohibition in subsection (1) also applies to the following persons: any person who, in the course of exercising powers or performing duties or functions under this Part, obtained or has or had access to information referred to in subsection (1); and any person or an employee of any person with whom the Centre enters into a contract, memorandum of understanding or other agreement for the provision of goods or services. Disclosure of designated information 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, a terrorist activity financing offence or a sanctions evasion offence, the Centre shall disclose the information to 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; the Agence du revenu du Québec, 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 imposed under an Act of Parliament or of the legislature of Quebec administered by the Minister of Revenue of Quebec; the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency;

the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to determining whether a person or entity that the Centre has reasonable grounds to suspect has applied to be a registered charity, as defined in subsection 248(1) of the Income Tax Act, is eligible to be registered as such, or whether a person or entity that the Centre has reasonable grounds to suspect may apply to be a registered charity, as defined in subsection 248(1) of the Income Tax Act, 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; the Department of Citizenship and Immigration, if the Centre also determines that the information is relevant to determining whether a person is a person described in subsection 10(1), 19(2) or 22(1) of the Citizenship Act; 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; the Communications Security Establishment, if the Centre also determines that the information is relevant to the foreign intelligence aspect of the Communications Security Establishment’s mandate, referred to in section 16 of the Communications Security Establishment Act; and the Competition Bureau, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under the Competition Act, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act or the Textile Labelling Act or an attempt to commit such an offence; the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation; an agency or body that administers the securities legislation of a province, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under that legislation; an agency or body that administers the civil asset forfeiture legislation of a province, if the Centre also has reasonable grounds to suspect that the information would be relevant to proceedings under that legislation; the Minister of Foreign Affairs or a Minister designated under subsection 6(2) of the Special Economic Measures Act, if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; the Minister of Foreign Affairs or a Minister designated under subsection 2.1(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; the Department of the Environment, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under an Act administered by the Minister of the Environment or an attempt to commit such an offence; and the Department of Fisheries and Oceans, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence under an Act an Act administered by the Minister of Fisheries and Oceans or an attempt to commit such an offence. Paragraph (3)(b) or (b.1) does not apply in respect of an offence relating to taxes or duties imposed under a prescribed Act or a prescribed portion of an Act. [Repealed, 2001, c. 41, s. 67] The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (3). 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. Publication After a person has been determined by a court to be guilty of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, or has been determined by a foreign court to be guilty of an offence that is substantially similar to any of those offences, whether on acceptance of a plea of guilty or on a finding of guilt, the Centre may, if it has disclosed designated information under subsection (3) with respect to the investigation or prosecution of the offence, make public the fact that it made such a disclosure. Definition of designated information For the purposes of subsection (3), designated information means, in respect of a report made under section 7.1 or of a financial transaction, an attempted financial transaction or an importation or exportation of currency or monetary instruments, as the case may be, the name of any person or entity that is identified in the report or that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf; the date of birth, gender, country of residence and nature of the occupation or business of a person referred to in paragraph (a), any alias that they use or have used and the name and business address of their employer; the nature of the principal business of an entity referred to in paragraph (a), the entity’s registration or incorporation number and the jurisdiction and country of issue of that number; the following information in respect of a person or entity referred to in paragraph (a): their address, telephone number and electronic mail address, any identification number assigned to them by a person or entity who made a report referred to in subsection (1), the Uniform Resource Locator of their website, and the type of document or other information used to identify or verify their identity, the jurisdiction and country of issue of the document and the number of the document or the number associated with the information; the name and address of the place of business where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred; the purpose of the transaction, attempted transaction, importation or exportation; in the case of an importation or exportation, the amount and type of currency or monetary instruments; in the case of a transaction or attempted transaction, the amount and type of currency, monetary instruments or virtual currency involved, or if no currency, monetary instruments or virtual currency is involved, the value of the transaction or attempted transaction or the type and value of the funds or other remittances that are the subject of the transaction or attempted transaction; the rate of exchange used in relation to the transaction, attempted transaction, importation or exportation; the manner in which the transaction was conducted or the attempted transaction was to be conducted, any transaction number, account number, institution number, branch number or similar identifying number involved, the date on which any account involved is opened or closed, as well as its status, the posting date, any identification number assigned to a person or entity referred to in paragraph (a) as part of the transaction or attempted transaction, and the bank identification code or business entity identifier of any person or entity referred to in paragraph (a) that is a member of the Society for Worldwide Interbank Financial Telecommunication; in the case of a transaction or attempted transaction involving virtual currency or an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, transaction identifiers, including sending and receiving addresses, and any user name of a person or entity referred to in paragraph (a); in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency; in the case of a transaction or attempted transaction that, in whole or in part, is conducted online, the type of device used to conduct the transaction or attempted transaction, as well as the date and time of the transaction or attempted transaction; in the case of a transaction, whether it was completed or not; in the case of an incomplete transaction or an attempted transaction, the reason it was not completed; the name, address, electronic mail address and telephone number of each partner, director or officer of an entity referred to in paragraph (a), and the address and telephone number of its principal place of business; any other similar identifying information that may be prescribed for the purposes of this section; the details of the criminal record of a person or entity referred to in paragraph (a) and any criminal charges laid against them that the Centre considers relevant in the circumstances; the relationships suspected by the Centre on reasonable grounds to exist between any persons or entities referred to in paragraph (a) and any other persons or entities; in the case of a transaction or attempted transaction involving an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, any information in respect of the relationships that exist between any persons or entities connected in any way to the transaction or attempted transaction, including any person or entity that initiates or may benefit from it; the financial interest that a person or entity referred to in paragraph (a) has in the entity on whose behalf the transaction was made or attempted, or on whose behalf the importation or exportation was made; the name of the person or entity referred to in paragraph (a) suspected by the Centre on reasonable grounds to direct, either directly or indirectly, the transaction, attempted transaction, importation or exportation; 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; the number and types of reports on which a disclosure is based; the number and categories of persons or entities that made those reports; indicators of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence related to the transaction, attempted transaction, importation or exportation; information about the importation or exportation sent to the Centre under Part 2; if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; information about the transaction, attempted transaction, importation or exportation, received by the Centre from an institution or agency under an agreement or arrangement referred to in section 56, that constitutes the institution’s or agency’s reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, or an offence that is substantially similar to any of those offences; if an entity referred to in paragraph (a) is a trust, the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust; the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; information respecting the ownership, control and structure of an entity referred to in paragraph (a); and any other information set out in a report made under section 7.1. 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 the appropriate police force, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence under Canadian law that the Centre has reasonable grounds to suspect arises out of conduct constituting such a threat; the Canada Border Services Agency, if the Centre also 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; the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect 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; the Department of National Defence and the Canadian Forces, if the Centre also has reasonable grounds to suspect that the information is relevant to the conduct of the Department’s or the Canadian Forces’ investigative activities related to such a threat; and the Office of the Superintendent of Financial Institutions, if the Centre also has reasonable grounds to suspect that the information is relevant to the exercise of the powers or the performance of the duties and functions of the Superintendent under the Office of the Superintendent of Financial Institutions Act. The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (1). For the purposes of subsection (1), designated information means, in respect of a report made under section 7.1, a financial transaction, an attempted financial transaction or an importation or exportation of currency or monetary instruments, as the case may be, any identification number assigned to them by a person or entity who made a report referred to in subsection 55(1), indicators of a money laundering offence, a terrorist activity financing offence, a sanctions evasion offence or a threat to the security of Canada related to the transaction, attempted transaction, importation or exportation; Agreements and arrangements The Minister may enter into an agreement or arrangement, in writing, with the government of a foreign state or an international organization 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, a terrorist activity financing offence or a sanctions evasion offence, or an offence that is substantially similar to any of those offences. Agreements and arrangements — Centre 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, a terrorist activity financing offence or a sanctions evasion offence, or an offence that is substantially similar to any of those offences. Purposes 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, a terrorist activity financing offence or a sanctions evasion offence, or an offence that is substantially similar to any of those offences; and stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Centre. Disclosure to foreign agencies The Centre may disclose designated information to an institution or agency of a foreign state or of an international organization that has powers and duties similar to those of the Centre, if the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, or an offence that is substantially similar to any of those offences; and the Minister has, in accordance with subsection 56(1), entered into an agreement or arrangement with that foreign state or international organization regarding the exchange of such information. 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 the Centre has, in accordance with subsection 56(2), entered into an agreement or arrangement with that institution or agency regarding the exchange of such information. Request for information For greater certainty, designated information may be disclosed to an institution or agency under subsection (1) or (2) in response to a request made by the institution or agency. Other disclosure 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. The Centre shall record in writing the reasons for all decisions to disclose information made under paragraph (1)(a) or (2)(a). After a person has been determined by a court to be guilty of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, or has been determined by a foreign court to be guilty of an offence that is substantially similar to any of those offences, whether on acceptance of a plea of guilty or on a finding of guilt, the Centre may, if it has disclosed designated information under subsection (1) or (2) with respect to the investigation or prosecution of the offence, make public the fact that it made such a disclosure. For the purposes of this section, designated information means, in respect of a report made under section 7.1 or of a financial transaction, an attempted financial transaction or an importation or exportation of currency or monetary instruments, as the case may be Usefulness of information When the Centre receives information from an institution or agency under an agreement or arrangement referred to in subsection 56(1) or (2), the Centre may provide it with an evaluation of whether the information is useful to the Centre. 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. The Centre may inform persons and entities that have provided a report under section 7, 7.1 or 9, or a report referred to in section 9.1, about measures that have been taken with respect to reports under those sections; conduct research into trends and developments in the area of money laundering, the financing of terrorist activities, sanctions evasion and the financing of threats to the security of Canada and into improved ways of detecting, preventing and deterring money laundering, the financing of terrorist activities, sanctions evasion and the financing of threats to the security of Canada; and undertake measures to inform the public, persons and entities referred to in section 5, authorities engaged in the investigation and prosecution of money laundering offences, terrorist activity financing offences and sanctions evasion offences, and others, with respect to their obligations under this Act, the nature and extent of money laundering inside and outside Canada, the nature and extent of the financing of terrorist activities inside and outside Canada, the nature and extent of the financing, inside and outside Canada, of threats to the security of Canada, the nature and extent of sanctions evasion inside and outside Canada, and measures that have been or might be taken to detect, prevent and deter the money laundering — as well as the financing of terrorist activities and the financing of threats to the security of Canada — inside or outside Canada, and the effectiveness of those measures. The Centre shall not disclose under subsection (1) any information that would directly or indirectly identify any of the following persons or entities: a person who provided a report or information to the Centre; Centre may disclose information to Minister 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. [Repealed, 2023, c. 26, s. 197] Subject to section 36 of the Access to Information Act and sections 34 and 37 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 Parts 2 and 2.1, is required to comply with a subpoena, a summons, an order for production of documents, or any other compulsory process only if it is issued in the course of court proceedings in respect of a money laundering offence, a terrorist activity financing offence, a sanctions evasion offence or an offence under this Act in respect of which an information has been laid or an indictment preferred or, in the case of an order for production of documents, if it is issued under section 60, 60.1 or 60.3. Search warrants Despite any other Act, no search warrant may be issued in respect of the Centre. Limitation on orders for disclosure of information Despite the provisions of any other Act, except sections 49 and 50 of the Access to Information Act and sections 48 and 49 of the Privacy Act, an order for disclosure of information may be issued in respect of the Centre only under subsection (4) or section 60.1 or 60.3. Purpose of application The Attorney General may, for the purposes of an investigation in respect of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence, make an application under subsection (3) for an order for disclosure of information. Application 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: the offence under investigation; the person or entity in relation to which the information or documents referred to in paragraph (c) are required; the type of information or documents — whether in written form, in the form of a report or record or in any other form — obtained by or on behalf of the Director in respect of which disclosure is sought; the facts relied on to justify the belief, on reasonable grounds, that the person or entity referred to in paragraph (b) has committed or benefited from the commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of any of those offences; a summary of any information already received from the Centre in respect of the offence; and information respecting all previous applications brought under this section in respect of any person or entity being investigated for the offence. Order for disclosure of information 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 of the matters referred to in paragraph (3)(d); and that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained. The order must be complied with within the period following the service of the order that the judge may specify. Execution in another province 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. Service of order 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. Extension of period for compliance with order 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. Objection to disclosure of information The Director — or any person specially designated in writing by the Director for the purposes of this section — may object to the disclosure of any information or document in respect of which an order under subsection (4) has been made by certifying orally or in writing that it should not be disclosed on the ground that the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence or an offence that is substantially similar to any of those offences; a privilege is attached by law to the information or document; the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; disclosure of the information or document would be injurious to national security; or disclosure of the information or document would not, for any other reason, be in the public interest. Determination of objection An objection made under subsection (8) may be determined, on application, in accordance with subsection (10), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications. Judge may examine information A judge who is to determine an objection may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made. The judge shall grant the objection and order that disclosure be refused if the judge is satisfied of any of the grounds mentioned in subsection (8). Limitation period An application under subsection (9) shall be made within 10 days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances. Appeal to Federal Court of Appeal An appeal lies from a determination under subsection (9) to the Federal Court of Appeal. Limitation period for appeal An appeal under subsection (12) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances. Special rules for hearings An application under subsection (9) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act. Ex parte representations During the hearing of an application under subsection (9) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte. Copies Where any information or document is examined or provided under subsection (4), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way. The definitions in this subsection apply in this section. Attorney General means the Attorney General as defined in section 2 of the Criminal Code. (procureur général) judge means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act. (juge) police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace. (policier) Application for production order The Director of the Canadian Security Intelligence Service, or any employee of the Canadian Security Intelligence Service, may, for the purposes of an investigation in respect of a threat to the security of Canada, after having obtained the approval of the Minister of Public Safety and Emergency Preparedness, make an application under subsection (2) to a judge for an order for disclosure of information. Matters to be specified in application for production order An application shall be made ex parte in writing and be accompanied by an affidavit of the applicant deposing to the following matters: the person or entity in relation to whom the information or documents referred to in paragraph (b) are required; the facts relied on to justify the belief, on reasonable grounds, that a production order under this section is required to enable the Canadian Security Intelligence Service to investigate a threat to the security of Canada; a summary of any information already received from the Centre in respect of the threat to the security of Canada; and information respecting all previous applications brought under this section in respect of any person or entity being investigated in relation to the threat to the security of Canada. 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 purpose of this section — to allow an employee of the Canadian Security Intelligence Service 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 employee and allow the employee to remove them, if the judge is satisfied of the matters referred to in subsection (2); and Maximum duration of production order A production order shall not be issued under subsection (3) for a period exceeding sixty days. A copy of the order shall be served on the person or entity to whom it is addressed in the manner that the judge directs or as may be prescribed by rules of court. A judge who makes an order under subsection (3) may, on application of the Director, extend the period within which it is to be complied with. The Director — or any person specially designated in writing by the Director for the purposes of this section — may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that it should not be disclosed on the ground that An objection made under subsection (7) may be determined, on application, in accordance with subsection (9), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications. A judge who is to determine an objection may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made. The judge shall grant the objection and order that disclosure be refused if the judge is satisfied of any of the grounds mentioned in subsection (7). An application under subsection (8) shall be made within 10 days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances. An appeal lies from a determination under subsection (8) to the Federal Court of Appeal. An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances. An application under subsection (8) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act. During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte. Where any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way. Definition of judge In this section, judge means a judge of the Federal Court designated by the Chief Justice of the Federal Court for the purposes of the Canadian Security Intelligence Service Act. Hearing of applications An application under subsection 60.1(2) to a judge for a production order, or an objection under subsection 60.1(7), shall be heard in private in accordance with regulations made under section 28 of the Canadian Security Intelligence Service Act. If the Centre makes a disclosure under paragraph 55(3)(b), the Commissioner of Revenue, appointed under section 25 of the Canada Revenue Agency Act, may, for the purposes of an investigation in respect of an offence that is the subject of the disclosure, after having obtained the approval of the Minister of National Revenue, make an application for an order for disclosure of information. 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 Commissioner — or a person specially designated by the Commissioner for that purpose — deposing to the following matters: the facts relied on to justify the belief, on reasonable grounds, that the person or entity referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in subsection (1) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of that offence; 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 an employee of the Canada Revenue Agency 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 employee and allow the employee to remove them, if the judge is satisfied of the matters referred to in paragraph (2)(d); and the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; An objection made under subsection (7) may be determined, on application, in accord­ance with subsection (9), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications. An application under subsection (8) shall be made within 10 days after the objection is made or within any greater or lesser period that the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances. An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within any further time that the Federal Court of Appeal considers appropriate in the circumstances. During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on his or her request, be given the opportunity to make representations ex parte. For the purposes of this section, judge means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act. Certain provisions not applicable Section 43 of the Customs Act, section 231.2 of the Income Tax Act and section 289 of the Excise Tax Act do not apply to the Centre or to its employees in their capacity as employees. To ensure compliance 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 or 1.1, and for that purpose may 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 or 1.1; 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; 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 use or cause to be used any copying equipment in the premises to make copies of any record. Assistance to Centre 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 1.1 or the regulations under it that they may reasonably require. Warrant required to enter dwelling-house If the premises referred to in subsection 62(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 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 there are reasonable grounds to believe that there are in the premises records relevant to ensuring compliance with Part 1 or 1.1; entry to the dwelling-house is necessary for any purpose that relates to ensuring compliance with Part 1 or 1.1; and 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 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. Means of telecommunication For the purposes of sections 62 and 63, an authorized person is considered to have entered a place when accessing it remotely by a means of telecommunication. Limitation — access by means of telecommunication An authorized person who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and shall be remotely in the place for no longer than the period necessary for the purpose referred to in subsection 62(1). Information demand For an examination under subsection 62(1), an authorized person may also serve notice to require that the person or entity provide, at the place and in accordance with the time and manner stipulated in the notice, any document or other information relevant to the administration of Part 1 or 1.1 in the form of electronic data, a printout or other intelligible output. Obligation to provide information The person or entity on whom the notice is served shall provide, in accordance with the notice, the documents or other information with respect to the administration of Part 1 or 1.1 that the authorized person may reasonably require. 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 If an authorized person acting under section 62, 63 or 63.1 is about to examine or copy a document in the possession of a legal counsel who claims that a named client or former client of the legal counsel 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 A legal counsel who claims privilege under subsection (2) shall place the document, together with any other document in respect of which the legal counsel 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 legal counsel agree, allow the pages of the document to be initialled and numbered or otherwise suitably identified; and 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 If a document has been retained under subsection (3), the client or the legal counsel on behalf of the client may 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 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 requiring the production of the document to the judge at that time and place; serve a copy of the order on the Deputy Attorney General of Canada; and if the client or legal counsel 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 An application under paragraph (4)(c) shall be heard in private and, on the application, the judge 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; shall decide the question summarily and 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 legal counsel, or 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 legal counsel make the document available for examination or copying by the authorized person; and 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 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 legal counsel make the document available for examination or copying by the authorized person. Application to another judge 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 No costs may be awarded on the disposition of an application under this section. 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).

The authorized person shall not examine or make copies of a document in the possession of a person, not being a legal counsel, who contends that a claim of solicitor-client privilege may be made in respect of the document by a legal counsel, without giving that person a reasonable opportunity to contact that legal counsel to enable a claim of solicitor-client privilege to be made. Waiver of claim of privilege If a legal counsel has made a claim that a named client or former client of the legal counsel has a solicitor-client privilege in respect of a document, the legal counsel 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 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. Compliance of persons or entities For the purpose of ensuring compliance with Part 1 or 1.1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 or 1.1 applies information relating to the compliance of those persons or entities with that Part. [Repealed, 2023, c. 26, s. 199] For the purpose of ensuring compliance with Parts 1 and 1.1, the Centre shall receive information voluntarily provided to it by a person or entity — other than an agency or body referred to in subsection (2) — relating to the compliance with Part 1 or 1.1 of persons or entities referred to in section 5. Disclosure to Canada Revenue Agency The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to the initial implementation of policies respecting the reporting of international electronic funds transfers to the Canada Revenue Agency. Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to the initial implementation of the policies referred to in that subsection or to ensuring compliance with any provision of the Income Tax Act that requires the reporting of international electronic funds transfers to the Canada Revenue Agency. The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5. The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to ensuring compliance with Part XV.1 of the Income Tax Act. Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to ensuring compliance with Part XV.1 of the Income Tax Act. Disclosure to Bank of Canada The Centre may disclose to the Bank of Canada any information relating to the compliance with Part 1 or 1.1 of persons or entities to whom Part 1 or 1.1 applies if the Centre is of the opinion that the information is relevant to the Bank of Canada’s objects under the Retail Payment Activities Act. Any information disclosed by the Centre under subsection (1) may be used by the Bank of Canada only for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects. The Centre may 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, with respect to verifying compliance with requirements to identify persons or entities, keep records or make reports, or with an international organization made up of such institutions or agencies, that stipulates that the Centre and the institution, agency or organization may exchange information about the compliance of persons and entities with those requirements and about the assessment of risk related to their compliance; that the information may only be used for purposes relevant to ensuring compliance with the requirements and to assessing risk related to compliance; and that the information will be treated in a confidential manner and not be further disclosed without the express consent of the Centre. The Centre may, in accordance with the agreement or arrangement, provide the institution, agency or organization with information referred to in the agreement or arrangement. When the Centre receives information from an institution, agency or organization under an agreement or arrangement, the Centre may provide it with an evaluation of whether the information is useful to the Centre. Power to enter into 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. Agreements re databases 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. Despite subsection (1), only the Minister may enter into an agreement or arrangement referred to in subsection 56(1). Choice of service providers 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 federal public administration. Centre 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. Filing of documents The Centre may, for the purpose of any action, suit or other legal proceedings brought or taken under this Act, file with the court any documents containing information referred to in subsection 55(1). No liability 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 All receipts and expenditures of the Centre are subject to examination and audit by the Auditor General of Canada. Use and disclosure The Auditor General of Canada and every person acting on behalf of or under the direction of the Auditor General of Canada shall not use or disclose any information referred to in subsection 55(1) that they have obtained, or to which they have had access, in the course of exercising powers or performing duties and functions under this Act or the Auditor General Act, except for the purposes of exercising those powers or performing those duties and functions. Annual report 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. Contents The report referred to in subsection (1) shall include a description of the management guidelines and policies of the Centre for the protection of human rights and freedoms; and information on the performance by the Centre of its duties and functions, including any statistics by which that performance is measured. Review of Act by parliamentary committee Every five years beginning on the day on which this section comes into force, the administration and operation of this Act shall be reviewed by the committee of the House of Commons, of the Senate or of both Houses that is designated or established for that purpose. Review by Privacy Commissioner Every two years beginning on the day on which this section comes into force, the Privacy Commissioner, appointed under section 53 of the Privacy Act, shall review the measures taken by the Centre to protect information it receives or collects under this Act and shall, within three months after the review, submit a report on those measures to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides without delay after receiving it or, if that House is not then sitting, on any of the first 15 days on which that House is sitting after the Speaker receives it. The service of a notice by or on behalf of the Centre on a person or entity referred to in paragraph 5(h.1) is sufficient if it is served on the person who is indicated in the application for registration, or in accordance with subsection 11.13(1), as being authorized to accept, on behalf of the person or entity referred to in that paragraph, notices that are served or caused to be served by the Centre under this Act. The Governor in Council may make any regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of this Act, including regulations respecting dealing in virtual currencies; respecting the keeping of records referred to in section 6; respecting the verification of the identity of persons and entities referred to in section 6.1 and requiring the reporting to government institutions or agencies of any discrepancies in information on the beneficial ownership or control of an entity arising out of that verification; respecting the reports to the Centre referred to in section 7 and subsections 7.1(1) and 9(1); respecting the determination of whether a person is a person described in any of paragraphs 9.3(1)(a) to (c); [Repealed, 2017, c. 20, s. 434] respecting the measures referred to in subsections 9.3(2) and (2.1); respecting the measures referred to in subsection 9.4(1); respecting the program referred to in subsection 9.6(1); respecting the special measures referred to in subsection 9.6(3); respecting the disclosure of information under subsection 11.01(1) or the collection or use of information under subsection 11.01(2), including the establishment and implementation of codes of practice by persons and entities referred to in section 5 and respecting the roles of the Privacy Commissioner and the Centre in relation to those codes; respecting the registration referred to in sections 11.1 to 11.2; respecting the reports referred to in section 12(1) and the declarations referred to in section 39.02; and respecting the assessments referred to in section 51.1; respecting the assessments referred to in section 51.2; and prescribing anything that by this Act is to be prescribed. [Repealed, 2014, c. 20, s. 294] [Repealed, 2001, c. 41, s. 73] designating, as a violation that may be proceeded with under this Part, the contravention of a specified provision of this Act or the regulations; classifying each prescribed violation as a minor violation, a serious violation or a very serious violation and classifying a series of minor violations as a serious violation or a very serious violation; having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation; [Repealed, 2026, c. 4, s. 95] respecting the service of documents under this Part, including the manner and proof of service and the circumstances under which documents are deemed to be served; and generally for carrying out the purposes and provisions of this Part. Maximum penalties — prescribed violation The maximum penalty for a prescribed violation is $4,000,000 if the violation is committed by a person and $20,000,000 if the violation is committed by an entity. Maximum penalties — cumulative The maximum penalty for all the prescribed violations identified on a notice of violation taken together is in the case of a person, the greater of $4,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and in the case of an entity, the greater of $20,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed. Gross global revenue — affiliated entities If an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (3)(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed. Criteria for penalty Except if a penalty is fixed under paragraph 73.1(1)(c), the amount of a penalty shall, in each case, be determined taking into account the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish; the harm done by the violation; the ability of the person or entity to pay the amount; and any other criteria that may be prescribed by regulation. Information respecting ability to pay Subject to subsection (2), if the Centre requests information from the person or entity to enable the Centre to take into account paragraph 73.11(c), the person or entity may, in any representations made under subsection 73.15(2) with respect to that paragraph, rely only on information that the person or entity provided to the Centre before the deadline indicated by the Centre. New information In the representations, the person or entity may rely on new information with respect to paragraph 73.11(c) only if that information is with respect to facts that arose after the deadline; that information was not reasonably available before the deadline; or the person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline. Prescribed violations Every contravention that is designated under paragraph 73.1(1)(a) constitutes a prescribed violation and the person or entity that commits the prescribed violation is liable to a penalty determined in accordance with sections 73.1 and 73.11. Notice of violation If the Centre believes on reasonable grounds that a person or entity has committed a prescribed violation or a compliance order violation, the Centre may issue and cause to be served on the person or entity a notice of violation. Contents of notice When the Centre issues a notice of violation, the notice shall name the person or entity believed to have committed a violation, identify the violation and set out the penalty that the Centre proposes to impose; the right of the person or entity, within 30 days after the day on which the notice is served or within any longer period that the Centre specifies, to pay the penalty or to make representations to the Director with respect to the violation and the proposed penalty, and the manner for doing so; and the fact that, if the person or entity does not pay the penalty or make representations in accordance with the notice, the person or entity will be deemed to have committed the violation and the Centre will impose the penalty in respect of it. Administrative corrections If a notice of violation contains any error or omission, the Centre may serve a corrected notice of violation on the person or entity at any time during the period referred to in paragraph (1)(b). Payment of penalty If the person or entity pays the penalty proposed in the notice of violation, the person or entity is deemed to have committed the violation and proceedings in respect of it are ended. Representations to Director If the person or entity makes representations in accordance with the notice, the Director shall decide, on a balance of probabilities, whether the person or entity committed the violation and, if so, may, subject to any regulations made under paragraph 73.1(1)(c), impose the penalty proposed, a lesser penalty or no penalty. Failure to pay or make representations A person or entity that neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Centre shall impose the penalty proposed in the notice. Notice of decision and right of appeal The Director shall cause notice of any decision made under subsection (2) or the penalty imposed under subsection (3) to be issued and served on the person or entity together with, in the case of a decision made under subsection (2) in respect of a serious violation, a very serious violation or a compliance order violation, notice of the right of appeal under subsection 73.21(1). Compliance agreement If a person or entity has committed a prescribed violation, then as soon as feasible after proceedings with respect to that prescribed violation are ended, the Centre shall require the person or entity to enter into a compliance agreement with the Centre. Mandatory content The compliance agreement shall identify the prescribed violation and the provision to which it relates and, in addition to any other terms to which the parties may agree, shall include the following terms: the measures that are to be taken by the person or entity to comply with the provision; and the deadline for complying with the agreement. Extension of deadline The Centre may amend the agreement by extending the deadline referred to in paragraph (2)(b) by a maximum period of one year if it is satisfied that the person or entity is making substantial progress in meeting the terms of the agreement, such that an extension would encourage compliance with this Act. Refusal to enter into agreement Unless the person or entity enters into a compliance agreement within six months after the Centre requires it, or within any other longer period that the Centre allows, the person or entity is deemed to have refused to enter into a compliance agreement. Compliance order If a person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement before the deadline referred to in paragraph 73.16(2)(b), the Director of the Centre shall, as soon as feasible after the refusal or the deadline, as the case may be, make a compliance order and cause it to be served on the person or entity. The compliance order shall identify the name of the person or entity that committed the prescribed violation and the provision to which the violation relates, specify that the person or entity refused to enter into a compliance agreement or that they failed to comply with one, as the case may be, and include the following terms: a requirement that the person or entity comply with the provision; a requirement that the person or entity make public the measures taken or to be taken by the person or entity to comply with the provision; and the deadline for complying with the order. The Director may include in the order the reasons for making it, including the relevant facts, analysis and considerations that formed part of the decision. Publication of compliance order As soon as feasible after making the compliance order, the Director shall make it public. Extension of deadline for compliance The Director may amend the order by extending the deadline referred to in paragraph (2)(c) by a maximum period of one year if the Director is satisfied that the person or entity is making substantial progress in meeting the terms of the order, such that an extension would encourage compliance with this Act. Compliance order violation The contravention of a compliance order made under section 73.17 is a compliance order violation and the person or entity that commits the compliance order violation is liable to a penalty determined in accordance with subsection (2). Penalty The amount of a penalty for a compliance order violation shall, in each case, be determined in accordance with section 73.11 and shall not exceed in the case of a person, the greater of $5,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and in the case of an entity, the greater of $30,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed. If an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (2)(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed. [Repealed, 2026, c. 4, s. 100] Right of appeal A person or entity on which a notice of a decision made under subsection 73.15(2) is served, in respect of a serious violation, a very serious violation or a compliance order violation, may, within 30 days after the day on which the notice is served, or within any longer period that the Court allows, appeal the decision to the Federal Court. Appeal — no notice of decision If the Director does not cause notice of a decision to be issued and served under subsection 73.15(4) within 90 days after the completion of representations made under subsection 73.15(2), the person or entity that made the representations may appeal the penalty proposed in the notice of violation to the Federal Court, within 30 days after the day on which the 90-day period expires. [Repealed, 2026, c. 4, s. 101] In an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person or entity of information referred to in subsection 55(1). Subsection (4) does not apply to the following information: the name of the person or entity that was served with the notice of violation; the nature of the violation; and the amount of the penalty imposed. Powers of Court On an appeal, the Court may confirm, set aside or, subject to any regulations made under paragraph 73.1(1)(c), vary the decision of the Director. In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation, the name of the person or entity and the amount of the applicable penalty: a person or entity is deemed to have committed a violation under subsection 73.15(1) or (3); a person or entity is served with a notice of a decision made under subsection 73.15(2) indicating that they have committed a violation. [Repealed, 2026, c. 4, s. 102] Publication — reasons In making public the nature of a violation, the Centre may include the reasons for its decision, including the relevant facts, analysis and considerations that formed part of the decision. Violations not offences For greater certainty, a violation is not an offence. Non-application of section 126 of the Criminal Code Section 126 of the Criminal Code does not apply in respect of any obligation or prohibition under this Act whose contravention is a violation under this Act. Due diligence available Due diligence is a defence in a proceeding in relation to a violation. Common law principles Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act. Debts to Her Majesty A penalty and any interest due in respect of the penalty constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court. Time limit No proceedings to recover a debt referred to in subsection (1) may be commenced after the period of five years that begins on the day on which the debt became payable. Proceeds payable to Receiver General A penalty paid or recovered under this Part is payable to and shall be remitted to the Receiver General. Certificate The unpaid amount of any debt referred to in subsection 73.25(1) may be certified by the Director. Registration in Federal Court Registration in the Federal Court of a certificate made under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs. Collecting penalties The Centre may, for the purpose of collecting penalties proposed in a notice of violation or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of His Majesty in right of Canada. Disclosure of information The Centre may disclose to the other party of the contract, memorandum or agreement any information required to collect the penalties. The other party shall not use the information referred to in subsection (2) for any purpose other than collecting the penalties. If a person or entity fails to remit a penalty payable under this Part to the Receiver General, the person or entity shall pay to the Receiver General interest on the amount of the penalty. The interest shall be calculated at the prescribed rate for the period beginning on the first day after the day on which the amount was required to be paid and ending on the day on which the amount is paid. Garnishment If the Director is of the opinion that a person or entity is or is about to become liable to make a payment to a person or entity liable to pay a penalty or interest under this Part, the Director may, by written notice, require the first person or entity to pay without delay to the Receiver General, on account of the second person’s or entity’s liability, all or part of the money otherwise payable to the second person or entity. Applicability to future payments If the Director requires an employer to pay to the Receiver General money otherwise payable to an employee as remuneration, the requirement is applicable to all future payments of remuneration until the liability is satisfied; and the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Director stipulates in the notice. Discharge of liability The receipt of the Director is a good and sufficient discharge of the original liability to the extent of the payment. Write-off The Director may write off in whole or in part a penalty or interest payable by a person or entity under this Part. Effect of write-off The writing off of a penalty or interest under this section does not affect any right of Her Majesty to collect or recover the penalty or interest. In a proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under section 73.131, a notice of decision purporting to be issued under subsection 73.15(4) or a certificate purporting to be made under subsection 73.26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. No proceedings in respect of a violation may be commenced later than two years after the subject-matter of the proceedings became known to the Centre. Certificate of Centre A document appearing to have been issued by the Centre, certifying the day on which the subject-matter of any proceedings became known to the Centre, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it. General offences Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.31, subsection 9.4(2), section 9.5, subsections 9.6(1), (2) and (3), sections 9.61, 9.7, 11.1, 11.43, 11.44 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 39.02(1), (4), (5) and (8) and 39.27(1), section 39.28, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both. Offence — contravention of a directive Every person or entity that knowingly contravenes section 11.43, except insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable Reporting and regulations — sections 7 and 7.1 and subsection 11.49(1) Every person or entity that contravenes section 7 or 7.1 or any regulation made under subsection 11.49(1) is guilty of an offence and liable on summary conviction, to a fine of not more than $10,000,000 or to imprisonment for a term of not more than two years less a day, or to both; or on conviction on indictment, to a fine of not more than $20,000,000 or to imprisonment for a term of not more than five years, or to both. Defence for employees No employee of a person or an entity shall be convicted of an offence under subsection (1) in respect of a transaction or proposed transaction that they reported to their superior or in respect of property whose existence they reported to their superior. Every person or entity that contravenes section 8 is guilty of an offence and liable on summary conviction, 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 on conviction on indictment, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years, or to both. Reporting — section 9 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 $10,000,000. Reporting — section 11.43 Every person or entity that contravenes section 11.43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $10,000,000. Verifications and reviews — sections 9.92 and 9.93 Every person or entity that knowingly contravenes section 9.92 or 9.93 is guilty of an offence and liable Every person or entity that, under this Act, is required to provide information to the Centre or to a person responsible for carrying out functions under this Act is guilty of an offence if they knowingly withhold material information; make a false or misleading statement, including by omission; or provide false or misleading information, including by omission. Punishment Every person or entity that commits an offence under subsection (1) is liable Threats and retaliation against employees Every person or entity that is an employer, that acts on behalf of an employer or that is in a position of authority in respect of an employee commits an offence if the person or entity takes a disciplinary measure against, demotes, terminates or otherwise adversely affects the employment of an employee, or threatens to do so, with the intent to compel the employee to abstain from fulfilling an obligation under this Act; or with the intent to retaliate against the employee because the employee has fulfilled or taken steps to fulfill any such obligation. on conviction on indictment, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than five years, or to both. Offence — structured financial transactions Every person or entity commits an offence that directly or indirectly undertakes, or attempts to undertake, a structured financial transaction. Structured financial transactions For the purpose of subsection (1), a structured financial transaction is a series of financial transactions that cause a person or entity referred to in section 5 to be in receipt of cash or virtual currency or involve the initiation of an international electronic funds transfer or the making of a disbursement, in any of the following transactions: the redemption of chips, tokens or plaques, a front cash withdrawal, a safekeeping withdrawal, an advance on any form of credit, including an advance by a marker or a counter cheque, a payment on a bet, including a slot jackpot, a payment to a client of funds received for credit to that client or another client, the cashing of a cheque or the redemption of another negotiable instrument, a reimbursement to a client of travel or entertainment expenses; would, if they occurred as a single financial transaction, require a person or entity referred to in section 5 to report it to the Centre; and are undertaken with the intent that a person or entity referred to in section 5 will not report a financial transaction to the Centre. Every person or entity that is guilty of an offence under subsection (1) is liable on summary conviction, to a fine of not more than $1,000,000 or imprisonment for a term of not more than two years less a day, or to both; or on conviction on indictment, to a fine of not more than $2,500,000 or imprisonment for a term of not more than five years, or to both. Offence — registration A person or entity referred to in section 11.1 that knowingly engages in an activity for which it is not registered with the Centre is guilty of an offence and liable Liability of officers and directors 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, agent or mandatary In a prosecution for an offence under section 75 or 77, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence; and no person or entity shall be found guilty of the offence if they establish that they exercised due diligence to prevent its commission. Exemption A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under any of sections 74 to 77 if the peace officer or person does any of the things mentioned in those sections for the purpose of investigating a money laundering offence or a terrorist activity financing offence. Time limitation — five years Proceedings under paragraph 74(1)(a), 74(2)(a), 75(1)(a) or 76(a), subsection 77(1) or (2) or paragraph 77.1(2)(a) or 77.2(2)(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose. Time limitation — eight years Proceedings under paragraph 77.3(3)(a) or 77.4(a) may be instituted within, but not after, eight years after the time when the subject-matter of the proceedings arose. Venue 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. Regulations remain in effect Every regulation made under the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991, that is in force immediately before the coming into force of this Act shall be deemed to have been made under this Act and shall remain in force until it is repealed or amended pursuant to this Act. [Note: Section 73 in force July 5, 2000, see SI/2000-55.] The following definitions apply in this section and in sections 83.2 and 83.3. agent or mandatary, in relation to a specified person or entity, means any agent or mandatary acting on the commencement day on behalf of the specified person or entity to provide any of the services referred to in paragraph 5(h). (mandataire) commencement day means the day on which this section and sections 83.2 and 83.3 come into force. (date de référence) second anniversary means the second anniversary of the commencement day. (deuxième anniversaire) specified person or entity means a person or entity referred to in paragraph 5(h). (personne ou entité déterminée) A specified person or entity shall, no later than the second anniversary, verify whether every agent or mandatary is a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and obtain and review the documents referred to in subsection 9.93(2) in respect of every agent or mandatary. Deeming The verification and review carried out under subsection (1) are deemed to be a verification carried out under section 9.92 and a review carried out under subsection 9.93(1), respectively. Documents — registration A specified person or entity that is registered with the Centre on the commencement day shall, in the prescribed form and manner, provide the Centre with the documents referred to in paragraph 11.12(1)(b) or (c) no later than the second anniversary. The obligation to provide a translation set out in subsection 11.12(1.1) applies with respect to those documents. [Amendments] [Repeal] Coming into force The provisions of this Act, other than section 97, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Section 97 in force on assent June 29, 2000; sections 1 to 4, 38 and 40 to 44, subsection 45(1), sections 46 to 53, paragraphs 54 (b) to (d), subsections 55(1), (2) and (6) and sections 56 to 61, 66 to 82, 84, 85, 90 and 91 in force July 5, 2000, see SI/2000-55; sections 5, 7, 8, 10 and 11, the portion of section 54 before paragraph (b), subsections 55(3) to (5.1) and (7) and section 89 in force October 28, 2001, see SI/2001-88; sections 6 and 9, subsection 45(2) and sections 62 to 65, 83 and 98 in force June 12, 2002, see SI/2002-84; sections 12 to 37 and 39 in force January 6, 2003, see SI/2002-153; sections 86 to 88 and 92 to 96 in force March 31, 2004, see SI/2004-39.] No ascertainment of expenses in first year The Financial Transactions and Reports Analysis Centre of Canada is not required to ascertain, under subsection 51.1(1) of the Proceeds of Crime (Money Laundering and Terrorist Financing) Act, as enacted by section 165, the total amount of prescribed expenses incurred during the fiscal year in which section 165 comes into force. The following definitions apply in this section and in sections 122 and 123. commencement day means the day on which this section comes into force. (date de référence) former Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it read immediately before the commencement day. (ancienne loi) new Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it reads on the commencement day. (nouvelle loi) Violations — former Act Part 4.1 of the former Act continues to apply with respect to any violation, as defined in subsection 2(1) of the former Act, alleged to have been committed before the commencement day. Violations — new Act For greater certainty, Part 4.1 of the new Act applies with respect to any compliance order violation or prescribed violation, as those terms are defined in subsection 2(1) of the new Act, alleged to have been committed on or after the commencement day. Subsection 53.32(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: For the purpose of assisting the Minister in determining whether to grant, revoke, suspend or amend an approval or in exercising the Minister’s powers or performing the Minister’s functions and duties under any of sections 32 to 47 and 96 of the Retail Payment Activities Act or sections 21 to 29 and 67 to 76 and subsection 77(2) of the Stablecoin Act, the Director may, 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, any information that is under the control of the Centre and that relates to national security or to safeguarding the integrity of Canada’s financial system. Subsections 65.03(1) and (2) of the Act are replaced by the following: The Centre may disclose to the Bank of Canada any information relating to the compliance with Part 1 or 1.1 of persons or entities to whom Part 1 or 1.1 applies if the Centre is of the opinion that the information is relevant to the Bank of Canada’s objects under the Retail Payment Activities Act or the Stablecoin Act. Any information disclosed by the Centre under subsection (1) may be used by the Bank of Canada only for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or the Stablecoin Act or, in relation to a provision of either of those Acts that is not in force, for the purpose of planning to carry out those objects. Paragraph 2(2)(d) of the Act is replaced by the following: identifying information, for the purposes of subsection 54.1(3) or 54.2(3); The heading of Part 1 of the English version of the Act is replaced by the following: The heading “Inscription” before section 11.1 of the French version of the Act is replaced by the following: The Act is amended by adding the following after section 11.4: Enrolment requirement Subject to subsection (2), every person or entity referred to in section 5 shall enroll with the Centre. Subsection (1) does not apply to a person or entity referred to in paragraph 5(h), (h.1) or (m) or to a person or entity referred to in section 5 that acts exclusively as an employee or agent or mandatary of another person or entity referred to in that section. Application for enrolment If section 11.4001 applies to a person or entity, the person or entity shall submit an application for enrolment to the Centre within the prescribed period. The application shall be made in the prescribed form and manner and include the prescribed information. Notice of enrolment An applicant is enrolled if the Centre adds the applicant to the roll referred to in subsection 54.2(1). The Centre shall, without delay, notify the applicant of their enrolment. Renewal An enrolled person or entity shall renew their enrolment within the prescribed period. Application for renewal An application for renewal of enrolment shall be submitted to the Centre in the prescribed form and manner and shall include the prescribed information. Notice of renewal An applicant for renewal of enrolment remains on the roll referred to in subsection 54.2(1) if the Centre approves the application. The Centre shall, without delay, notify the applicant of the renewal. An applicant for enrolment or for renewal of enrolment shall notify the Centre, in the prescribed form and manner, of any change to the information provided in the application or of any newly obtained information that should have been included in the application within 30 days after the day on which the applicant becomes aware of the change or obtains the new information. An applicant for enrolment or for renewal of enrolment 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 section 11.4002 or 11.4005 within 30 days after the day on which the request is made. If the applicant does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may deny the application and shall, without delay, notify the applicant of the denial. The Centre shall deny an application for enrolment or for renewal of enrolment if the applicant committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.28; or the Centre determines that the applicant is in a prescribed relationship with a person or entity in the situation described in paragraph (a). Notice of denial If an application is denied, the Centre shall, without delay, notify the applicant of the denial. Clarifications — enrolled person or entity An enrolled 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 section 11.4002 or 11.4005 within 30 days after the day on which the request is made. Revocation of enrolment If the enrolled person or entity does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may revoke their enrolment and shall, without delay, notify the person or entity of the revocation. The Centre may revoke the enrolment of an enrolled person or entity if the person or entity committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.28; or the Centre determines that the person or entity is in a prescribed relationship with a person or entity in the situation described in paragraph (a). Notice of revocation If the Centre revokes the enrolment of the person or entity, the Centre shall, without delay, notify the person or entity of the revocation. Requirement ceases to apply If section 11.4001 ceases to apply to an enrolled person or entity, the person or entity shall notify the Centre in the prescribed form and manner within 30 days after the day on which that section ceased to apply. Explanation The notice shall explain why section 11.4001 has ceased to apply to the person or entity. If the Centre is satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall revoke their enrolment and, without delay, notify them of the revocation. Notice of continued enrolment If the Centre is not satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall, without delay, notify them of their continued enrolment. Duty to notify If the Centre determines that section 11.4001 applies to a person or entity that is not enrolled, the Centre shall notify that person or entity of the requirement to enroll.

Application for review Within 30 days after the day on which a person or entity is notified under subsection 11.4008(2), 11.4009(2), 11.401(2), 11.4011(2) or 11.4012(4) or section 11.4013, the person or entity may apply in writing to the Director of the Centre for a review of the decision in question and may provide any information in support of their application for review. The Director may either confirm the decision or substitute their own decision, and shall, without delay, serve notice of the review decision with reasons on the person or entity, together with notice of the right of appeal under subsection 11.4015(1). A person or entity that applied for a review under subsection 11.4014(1) may appeal the Director’s review decision to the Federal Court within 30 days after the day on which the decision is served, or within any longer period that the Court allows. If the Director does not make a review decision within 90 days after the day on which the Director received the application for review, the applicant may appeal to the Federal Court, within 30 days after the day on which the 90-day period expires, the decision or determination in question. Paragraph 53.6(1)(c) of the French version of the Act is replaced by the following: n’est pas inscrit sous le régime de l’article 11.1 de la présente loi. Paragraph 53.6(2)(c) of the French version of the Act is replaced by the following: le Centre a révoqué, au titre des paragraphes 11.11(2), 11.13(2) ou 11.17(2) ou de l’article 11.171 de la présente loi, l’inscription d’un fournisseur de services de paiement enregistré, au sens de l’article 2 de la Loi sur les activités associées aux paiements de détail. The Act is amended by adding the following after section 54.1: Roll The Centre is responsible for establishing and maintaining a roll of prescribed information submitted under section 11.4002, 11.4005, 11.4007, 11.4008 or 11.401. Organization and keeping of roll The roll is to be organized in any manner and kept in any form that the Centre may determine. The Centre may verify information submitted under section 11.4002, 11.4005, 11.4007, 11.4008, 11.401 or 11.4012. Accuracy of information The Centre shall, in accordance with the regulations, ensure that inaccurate information on the roll is corrected. Subject to section 6 of the Privacy Act, the Centre shall retain information referred to in subsection (4) for 10 years beginning on the day on which the Centre denies an application for enrolment or for its renewal, on which an enrolled person or entity notifies the Centre under section 11.4012 or on which a person or entity is no longer enrolled with the Centre. Subsection 55(1) of the Act is amended by adding the following after paragraph (b.2): information provided under section 11.4002, 11.4005, 11.4007, 11.4008, 11.401 or 11.4012 except for identifying information referred to in subsection 54.2(3); The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following: 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 or any person or entity that the authorized person believes on reasonable grounds to be a person or entity referred to in that section for the purpose of ensuring compliance with Part 1 or 1.1, and for that purpose may Section 72.1 of the French version of the Act is replaced by the following: Personne autorisée S’agissant d’une personne ou entité visée à l’alinéa 5h.1), il suffit, pour que les avis soient considérés comme signifiés par le Centre ou à sa demande, qu’ils soient signifiés à la personne dont le nom est indiqué dans la demande d’inscription visée au paragraphe 11.12(1) — ou qui est fourni conformément au paragraphe 11.13(1) — qui est autorisée à accepter, au nom de la personne ou entité visée à cet alinéa, des avis signifiés par le Centre en vertu de la présente loi ou que celui-ci fait signifier en vertu de celle-ci. Subsection 73(1) of the Act is amended by adding the following after paragraph (j): respecting the enrolment referred to in sections 11.4001 to 11.4015; The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “11.1” with “11.1, 11.4001”. Subsection 83.3(1) of the French version of the Act is replaced by the following: Documents : inscription Toute personne ou entité déterminée qui, à la date de référence, est inscrite auprès du Centre en application de l’article 11.1 lui fournit, selon les modalités réglementaires, les documents visés aux alinéas 11.12(1)b) et c), au plus tard au deuxième anniversaire.