GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 32
Interest as owner 32 (1) 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 (2) 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 (3) 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. Service of notice (4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President. Definition of court (5) In this section and sections 33 and 34, court means (a) in the Province of Ontario, the Superior Court of Justice; (b) in the Province of Quebec, the Superior Court; (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court; (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench; (e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and (f) in Nunavut, the Nunavut Court of Justice. 2000, c. 17, s. 32; 2001, c. 41, s. 63; 2005, c. 38, s. 127; 2006, c. 12, s. 17; 2015, c. 3, s. 148
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 33
Order 33 If, on the hearing of an application made under subsection 32(1), the court is satisfied (a) that the applicant acquired the interest or right in good faith before the contravention in respect of which the seizure was made, (b) 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 (c) 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. 2000, c. 17, s. 33; 2006, c. 12, s. 18
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 34
Appeal 34 (1) 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 (2) 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 . 2000, c. 17, s. 34; 2006, c. 12, s. 19(E)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 35
Delivery after final order 35 (1) 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 (a) the currency or monetary instruments; or (b) 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. Limit on amount paid (2) 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. 2000, c. 17, s. 35; 2005, c. 38, s. 127; 2006, c. 12, s. 20 2019, c. 29, s. 126(F)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 37
Use of information 37 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.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 38
Agreements with foreign states 38 (1) 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 (a) 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 (b) 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 (2) 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 (3) 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. 2000, c. 17, s. 38; 2005, c. 38, ss. 125, 139
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 38.1
Agreements with foreign states 38.1 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. 2006, c. 12, s. 23
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39
Minister’s duties 39 (1) 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 (2) The President may authorize an officer or a class of officers to exercise powers or perform duties of the President under this Part. 2000, c. 17, s. 39; 2005, c. 38, s. 127
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.01
Definitions 39.01 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 ) 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501
goods has the same meaning as in subsection 2(1) of the Customs Act . ( marchandises )
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501
officer has the same meaning as in subsection 2(1) of the Customs Act . ( agent )
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.03
Temporary retention 39.03 (1) 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. Importation or exportation by courier or as mail (2) 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. Limitation (3) 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. Content of notice (4) The notice referred to in subsection (1) must state (a) the period for which the goods may be retained; (b) that if, within that period, the goods are declared under section 39.02, they may no longer be retained; and (c) that goods retained at the end of that period are forfeited to His Majesty in right of Canada at that time. Forfeiture (5) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.04
Search of person 39.04 (1) 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 (a) any person who has arrived in Canada, within a reasonable time after their arrival in Canada; (b) any person who is about to leave Canada, at any time before their departure; or (c) any person who has had access to an area designated for use by persons about to leave Canada and who leaves the area but does not leave Canada, within a reasonable time after they leave the area. Person taken before senior officer (2) An officer who is about to search a person under this section shall, on the person’s request, without delay take the person before the senior officer at the place where the search is to take place. Discharge or search (3) A senior officer before whom a person is taken under subsection (2) shall, if the senior officer believes there are no reasonable grounds for suspicion under subsection (1), discharge the person or, if the senior officer believes otherwise, direct that the person be searched. Search by same sex (4) No person shall be searched under this section by a person who is not of the same sex, and if there is no officer of the same sex at the place where the search is to take place, an officer may authorize any suitable person of the same sex to perform the search. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.05
Customs Act 39.05 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.06
Seizure and forfeiture 39.06 (1) 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. Notice of seizure (2) An officer who seizes goods under subsection (1) shall (a) 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; (b) 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 (c) 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. Service of notice (3) The service of a notice under paragraph (2)(b) is sufficient if it is sent by registered mail addressed to the exporter. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.07
Power to call in aid 39.07 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.08
Recording of reasons for decision 39.08 If an officer decides to exercise powers under subsection 39.06(1), the officer shall record in writing reasons for the decision. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.09
Report to President 39.09 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.1
Forfeiture under subsection 39.03(5) 39.1 (1) 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 (2) An officer who seizes goods shall send the goods to the Minister of Public Works and Government Services. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.11
Time of forfeiture 39.11 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.12
Review of forfeiture 39.12 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.13
Corrective measures 39.13 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.14
Request for Minister’s decision 39.14 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. 2024, c. 15, s. 285 2026, c. 4, s. 84
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.15
Extension of time by Minister 39.15 (1) 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 (2) An application shall set out the reasons why the request was not made on time. Burden of proof (3) 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. Notice of decision (4) 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 (5) The application is not to be granted unless (a) it is made within one year after the end of the period provided in section 39.14; and (b) the applicant demonstrates that (i) 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, (ii) it would be just and equitable to grant the application, and (iii) the application was made as soon as circumstances permitted. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.16
Extension of time by Federal Court 39.16 (1) 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 (a) within the period of 90 days after the Minister dismisses that application, if it is dismissed; or (b) 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. Application process (2) 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. Powers of the Court (3) 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. Conditions for granting application (4) The application is not to be granted unless (a) the application under section 39.15 was made within one year after the end of the period provided in section 39.14; and (b) the applicant demonstrates that (i) 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, (ii) it would be just and equitable to grant the application, and (iii) the application was made as soon as circumstances permitted. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.17
Notice of President 39.17 (1) 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. Evidence (2) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.18
Decision of Minister 39.18 (1) 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. Deferral of decision (2) 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. Notice of decision (3) 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. 2024, c. 15, s. 285 2026, c. 4, s. 85
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.19
Return of goods 39.19 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. 2024, c. 15, s. 285 2026, c. 4, s. 86
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.2
Confirmation of forfeiture 39.2 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. 2024, c. 15, s. 285 2026, c. 4, s. 86
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.21
Appeal to Federal Court 39.21 (1) 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. Ordinary action (2) 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 (3) The Minister of Public Works and Government Services shall give effect to the decision of the Court on being informed of it. Limit on amount paid (4) If the 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.22
Service of notices 39.22 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. 2024, c. 15, s. 285