GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 71
Annual report 71 (1) 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 (2) The report referred to in subsection (1) shall include (a) a description of the management guidelines and policies of the Centre for the protection of human rights and freedoms; and (b) information on the performance by the Centre of its duties and functions, including any statistics by which that performance is measured. 2000, c. 17, s. 71; 2014, c. 20, s. 292
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 72
Review of Act by parliamentary committee 72 (1) 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 (2) 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. 2000, c. 17, s. 72; 2006, c. 12, s. 38
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 72.1
Authorized person 72.1 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. 2014, c. 20, s. 293
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73
Regulations 73 (1) 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 (a) respecting dealing in virtual currencies; (b) respecting the keeping of records referred to in section 6; (c) 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; (d) respecting the reports to the Centre referred to in section 7 and subsections 7.1(1) and 9(1); (e) respecting the determination of whether a person is a person described in any of paragraphs 9.3(1)(a) to (c); (e.1) and (e.2) [Repealed, 2017, c. 20, s. 434] (f) respecting the measures referred to in subsections 9.3(2) and (2.1); (g) respecting the measures referred to in subsection 9.4(1); (h) respecting the program referred to in subsection 9.6(1); (i) respecting the special measures referred to in subsection 9.6(3); (i.1) 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; (j) respecting the registration referred to in sections 11.1 to 11.2; (k) respecting the reports referred to in section 12(1) and the declarations referred to in section 39.02; and (k.1) respecting the assessments referred to in section 51.1; (k.2) respecting the assessments referred to in section 51.2; and (l) prescribing anything that by this Act is to be prescribed. (l.1) to (y) [Repealed, 2017, c. 20, s. 434] (y.1) and (y.2) [Repealed, 2014, c. 20, s. 294] (z) and (z.1) [Repealed, 2017, c. 20, s. 434] (2) and (3) [Repealed, 2001, c. 41, s. 73] 2000, c. 17, s. 73; 2001, c. 41, s. 73; 2006, c. 12, s. 39; 2010, c. 12, s. 1877; 2014, c. 20, s. 294; 2017, c. 20, s. 434 2021, c. 23, s. 170 2023, c. 29, s. 18 2024, c. 15, s. 296 2024, c. 17, s. 344 2026, c. 3, s. 583
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.1
Regulations 73.1 (1) The Governor in Council may make regulations (a) designating, as a violation that may be proceeded with under this Part, the contravention of a specified provision of this Act or the regulations; (b) 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; (c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation; (d) [Repealed, 2026, c. 4, s. 95] (e) 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 (f) generally for carrying out the purposes and provisions of this Part. Maximum penalties — prescribed violation (2) 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 (3) The maximum penalty for all the prescribed violations identified on a notice of violation taken together is (a) 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 (b) 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 (4) 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. 2006, c. 12, s. 40 2026, c. 4, s. 95
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.11
Criteria for penalty 73.11 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 (a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish; (b) the harm done by the violation; (c) the ability of the person or entity to pay the amount; and (d) any other criteria that may be prescribed by regulation. 2006, c. 12, s. 40 2026, c. 4, s. 96
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.111
Information respecting ability to pay 73.111 (1) 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 (2) In the representations, the person or entity may rely on new information with respect to paragraph 73.11(c) only if (a) that information is with respect to facts that arose after the deadline; (b) that information was not reasonably available before the deadline; or (c) the person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline. 2026, c. 4, s. 96
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.12
Violation or offence 73.12 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. 2006, c. 12, s. 40 2026, c. 4, s. 96
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.13
Prescribed violations 73.13 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. 2006, c. 12, s. 40 2023, c. 26, s. 200(E) 2026, c. 4, s. 96
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.131
Notice of violation 73.131 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. 2026, c. 4, s. 97
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.14
Contents of notice 73.14 (1) 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 (a) the penalty that the Centre proposes to impose; (b) 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 (c) 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 (2) 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). 2006, c. 12, s. 40 2026, c. 4, s. 98
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.15
Payment of penalty 73.15 (1) 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 (2) 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 (3) 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 (4) 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). 2006, c. 12, s. 40; 2017, c. 20, s. 435(F) 2023, c. 26, s. 201(E) 2026, c. 4, s. 99
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.16
Compliance agreement 73.16 (1) 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 (2) 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: (a) the measures that are to be taken by the person or entity to comply with the provision; and (b) the deadline for complying with the agreement. Extension of deadline (3) 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 (4) 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. 2006, c. 12, s. 40 2026, c. 4, s. 100
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.17
Compliance order 73.17 (1) 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. Mandatory content (2) 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) a requirement that the person or entity comply with the provision; (b) 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 (c) the deadline for complying with the order. Reasons (3) 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 (4) As soon as feasible after making the compliance order, the Director shall make it public. Extension of deadline for compliance (5) 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. 2006, c. 12, s. 40 2026, c. 4, s. 100
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.18
Compliance order violation 73.18 (1) 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 (2) 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 (a) 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 (b) 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. Gross global revenue — affiliated entities (3) 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. 2006, c. 12, s. 40 2026, c. 4, s. 100
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.21
Right of appeal 73.21 (1) 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 (2) 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. (3) [Repealed, 2026, c. 4, s. 101] Precautions against disclosure (4) 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). Exception (4.1) Subsection (4) does not apply to the following information: (a) the name of the person or entity that was served with the notice of violation; (b) the nature of the violation; and (c) the amount of the penalty imposed. Powers of Court (5) 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. 2006, c. 12, s. 40 2019, c. 29, s. 110 2026, c. 4, s. 101
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.22
Publication 73.22 (1) 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) a person or entity is deemed to have committed a violation under subsection 73.15(1) or (3); (b) 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. (c) [Repealed, 2026, c. 4, s. 102] (d) [Repealed, 2026, c. 4, s. 102] Publication — reasons (2) 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. 2006, c. 12, s. 40 2019, c. 29, s. 111 2024, c. 17, s. 345 2026, c. 4, s. 102
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.23
Violations not offences 73.23 (1) For greater certainty, a violation is not an offence. Non-application of section 126 of the Criminal Code (2) 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. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.24
Due diligence available 73.24 (1) Due diligence is a defence in a proceeding in relation to a violation. Common law principles (2) 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. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.25
Debts to Her Majesty 73.25 (1) 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 (2) 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 (3) A penalty paid or recovered under this Part is payable to and shall be remitted to the Receiver General. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.26
Certificate 73.26 (1) The unpaid amount of any debt referred to in subsection 73.25(1) may be certified by the Director. Registration in Federal Court (2) 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. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.27
Collecting penalties 73.27 (1) 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 (2) The Centre may disclose to the other party of the contract, memorandum or agreement any information required to collect the penalties. Use of information (3) The other party shall not use the information referred to in subsection (2) for any purpose other than collecting the penalties. 2006, c. 12, s. 40 2026, c. 4, s. 103
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.28
Interest 73.28 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. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.29
Garnishment 73.29 (1) 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 (2) If the Director requires an employer to pay to the Receiver General money otherwise payable to an employee as remuneration, (a) the requirement is applicable to all future payments of remuneration until the liability is satisfied; and (b) 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 (3) The receipt of the Director is a good and sufficient discharge of the original liability to the extent of the payment. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.3
Write-off 73.3 (1) 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 (2) 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. 2006, c. 12, s. 40
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 73.4
Evidence 73.4 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. 2006, c. 12, s. 40 2026, c. 4, s. 104