GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 9.91
Agent or mandatary 9.91 A person or entity referred to in paragraph 5(h) shall (a) 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 (b) cease engaging an agent or mandatary if they are a person or entity referred to in any of those paragraphs. 2023, c. 26, s. 182
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 9.92
Duty to verify 9.92 A person or entity referred to in paragraph 5(h) shall (a) 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 (b) 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. 2023, c. 26, s. 182
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 9.93
Agent or mandatary — criminal convictions 9.93 (1) 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) (a) before engaging the agent or mandatary; and (b) 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 (2) The documents to be obtained and reviewed are the following: (a) 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 (b) 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 (3) 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 (4) 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. 2023, c. 26, s. 182
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 10
Immunity 10 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. 2000, c. 17, s. 10; 2001, c. 41, s. 53 2024, c. 15, s. 282
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 10.1
Non-application to legal counsel 10.1 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. 2006, c. 12, s. 9; 2010, c. 12, s. 1867(F)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11
Solicitor-client privilege or professional secrecy 11 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. 2000, c. 17, s. 11; 2010, c. 12, s. 1868(E); 2013, c. 40, ss. 279, 281(E)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.01
Disclosure without consent 11.01 (1) 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 (a) the information was collected in the course of the person or entity’s activities; (b) the disclosure is reasonable for the purpose of detecting or deterring money laundering, terrorist activity financing or sanctions evasion; (c) 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 (d) the disclosure is made in accordance with the regulations. Collection and use (2) 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. Immunity (3) 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). 2024, c. 17, s. 341
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.1
Registration requirement 11.1 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. 2006, c. 12, s. 10; 2014, c. 20, s. 261; 2017, c. 20, ss. 419, 439 2023, c. 26, s. 183
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.11
s substantially similar to an offence under either Act; (e.1) 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; (e.2) 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 (f) any prescribed person or entity. Revocation of registration (2) 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. 2006, c. 12, s. 11; 2014, c. 20, s. 262; 2017, c. 20, s. 420; 2018, c. 16, s. 183 2021, c. 23, s. 162 2023, c. 26, s. 184 2026, c. 3, s. 361 2026, c. 4, s. 81
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.12
Application for registration 11.12 (1) An application for registration shall be submitted to the Centre in the prescribed form and manner and shall include (a) a list of the applicant’s agents 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; (b) 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; (c) 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; (c.1) 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; (c.2) if the applicant is an entity, the prescribed information in respect of the entity’s incorporation or formation; and (d) any prescribed information. Translation (1.1) 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 (2) Any agent, mandatary or branch included on the list is not required to register with the Centre when they are acting in that capacity. 2006, c. 12, s. 11; 2014, c. 20, s. 263; 2017, c. 20, ss. 421, 439 2023, c. 26, s. 185
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.13
Changes to information 11.13 (1) 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 (2) 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. 2006, c. 12, s. 11 2014, c. 20, s. 264 2023, c. 26, s. 186
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.14
Clarifications — applicant 11.14 (1) An applicant shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in subsection 11.12(1) within 30 days after the day on which the request is made. Denial of application (2) 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. 2006, c. 12, s. 11 2014, c. 20, s. 265
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.15
Notice of registration 11.15 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. 2006, c. 12, s. 11
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.16
Denial of application 11.16 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. 2006, c. 12, s. 11
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.17
Clarifications — registrant 11.17 (1) A registered person or entity shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in subsection 11.12(1) within 30 days after the day on which the request is made. Revocation of registration (2) 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. 2006, c. 12, s. 11 2014, c. 20, s. 266
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.171
Revocation — contravention 11.171 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. 2023, c. 26, s. 187
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.18
Written reasons 11.18 Any decision to deny an application or revoke a registration must be in writing with reasons. 2006, c. 12, s. 11
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.19
Renewal of registration 11.19 A registered person or entity shall renew their registration in the prescribed form and manner every two years or within any longer prescribed period. 2006, c. 12, s. 11
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.2
Cessation of activity 11.2 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. 2006, c. 12, s. 11
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.3
Application for review by Director 11.3 (1) 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 (2) 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 (3) 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). 2006, c. 12, s. 11
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.4
Appeal 11.4 (1) 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. Appeal (2) 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 (3) 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. 2006, c. 12, s. 11 2023, c. 26, s. 188
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.41
Definition of foreign entity 11.41 In this Part, foreign entity means (a) an entity referred to in paragraph 5(h.1); or (b) 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). 2010, c. 12, s. 1869; 2014, c. 20, s. 267; 2017, c. 20, ss. 422, 440
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.43
Duty to comply 11.43 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. 2010, c. 12, s. 1869
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.44
Foreign branches and subsidiaries 11.44 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of 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. Records and reporting (2) 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. 2010, c. 12, s. 1869; 2014, c. 20, s. 269; 2017, c. 20, s. 424
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.46
Inconsistency 11.46 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. 2010, c. 12, s. 1869
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.47
Statutory Instruments Act 11.47 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 . 2010, c. 12, s. 1869
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.48
Review 11.48 (1) 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 (2) In reviewing a directive, the Minister may take into account any circumstance that the Minister considers relevant. 2010, c. 12, s. 1869
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.49
Regulations — limitation and prohibition 11.49 (1) The Governor in Council may make regulations (a) 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); (b) prescribing terms and conditions with respect to a limitation or prohibition referred to in paragraph (a); and (c) excluding any transaction or any class of transactions from a limitation or prohibition imposed under paragraph (a). Consultation with Minister of Foreign Affairs (2) 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). Relevant circumstances (3) 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 (a) if (i) 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 (ii) 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); (b) 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 (c) 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. 2010, c. 12, s. 1869 2017, c. 20, s. 425 2024, c. 15, s. 284 2026, c. 3, s. 580
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.5
Review 11.5 (1) 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. Relevant circumstances (2) In reviewing a regulation, the Minister may take into account any circumstance that the Minister considers relevant. 2010, c. 12, s. 1869
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 11.6
Foreign branches 11.6 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of 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. 2010, c. 12, s. 1869; 2014, c. 20, s. 270; 2017, c. 20, s. 426