GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.23
Interest as owner 39.23 (1) 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. 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 39.24 and 39.25, 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, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court; (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of King’s Bench; and (e) in Nunavut, the Nunavut Court of Justice. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.24
Order 39.24 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 (a) that the applicant acquired the interest or right in good faith before the contravention; (b) that the applicant is innocent of any complicity in the contravention and of any collusion in relation to it; and (c) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.25
Appeal 39.25 (1) 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. 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 . 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.26
Delivery after final order 39.26 (1) 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 (a) the goods; or (b) 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. Limit on amount paid (2) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.27
nly if it is issued in the course of (a) criminal proceedings under an Act of Parliament that have been commenced by the laying of an information or the preferring of an indictment; or (b) any legal proceedings that relate to the administration or enforcement of this Part. Definition of official (9) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.28
Use of information 39.28 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.29
Feedback, research and public education 39.29 (1) The Canada Border Services Agency may (a) inform persons and entities that have provided a declaration under section 39.02 about measures that have been taken with respect to those declarations; (b) 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 (c) 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 (i) their obligations under this Part, (ii) the nature and extent of money laundering inside and outside Canada relating to the importation and exportation of goods, (iii) the nature and extent of the financing of terrorist activities inside and outside Canada relating to the importation and exportation of goods, (iv) 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, (v) the nature and extent of sanctions evasion inside and outside Canada relating to the importation and exportation of goods, and (vi) 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. Limitation (2) 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) a person who provided a report or information to the Canada Border Services Agency; (b) 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; (c) a person in Canada or an entity that has a place of business in Canada about whom a report or information was provided. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.3
Agreements with foreign states 39.3 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 (a) 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 (b) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.31
Agreements with foreign states 39.31 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.32
Minister’s duties 39.32 (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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.33
Declaration 39.33 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.34
Electronic administration and enforcement 39.34 (1) 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 (2) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.35
Provision of information 39.35 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.36
Conditions for electronic version 39.36 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 (a) 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 (b) any prescribed requirements with respect to electronic communications or electronic means have been met. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.37
Deemed timing of receipt 39.37 Any information provided by electronic means, including an electronic system, in accordance with section 39.34 or 39.36, is deemed to be received (a) if the regulations provide for a day, on that day; (b) if the regulations provide for a day and time, on that day and at that time; or (c) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.38
Regulations 39.38 (1) 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 (a) the provision of information for any purpose under this Part in electronic or other form; (b) the payment of amounts under this Part by electronic instructions; and (c) 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 (2) Regulations made for the purpose of section 39.36 may establish classes and distinguish among those classes. 2024, c. 15, s. 285 2026, c. 3, s. 582
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 39.39
Regulations 39.39 (1) The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with this Part, including regulations (a) designating as a violation the contravention of a specified provision of this Part; (b) classifying each violation or series of violations; (c) respecting the penalties that may be imposed for a violation, including in relation to (i) the amount, or range of amounts, of the penalties that may be imposed on persons or entities or classes of persons or entities, (ii) the factors to be taken into account in imposing a penalty, (iii) the payment of penalties that have been imposed, and (iv) the recovery, as a debt, of unpaid penalties and any additional penalty to be paid in respect of those unpaid penalties; (d) 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; (e) respecting the proceedings in respect of a violation, including in relation to (i) commencing the proceedings, (ii) the defences that may be available in respect of a violation, and (iii) the circumstances in which the proceedings may be brought to an end; and (f) respecting reviews or appeals of any orders or decisions in the proceedings. Violation or offence (2) 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. 2024, c. 15, s. 285
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 40
Object 40 The object of this Part is to establish an agency that (a) acts at arm’s length and is independent from law enforcement agencies and other entities to which it is authorized to disclose information under subsection 55(3), 55.1(1) or 56.1(1) or (2); (b) 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; (c) ensures that personal information under its control is protected from unauthorized disclosure; (d) operates to enhance public awareness and understanding of matters related to money laundering, the financing of terrorist activities and sanctions evasion; and (e) ensures compliance with Parts 1 and 1.1. 2000, c. 17, s. 40; 2001, c. 41, s. 65; 2010, c. 12, s. 1870; 2014, c. 20, s. 276 2024, c. 15, s. 286
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 41
Centre established 41 (1) There is hereby established the Financial Transactions and Reports Analysis Centre of Canada. Powers of Centre (2) The Centre may exercise powers only as an agent of Her Majesty in right of Canada.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 42
Minister is responsible 42 (1) The Minister is responsible for the Centre. Minister may direct (2) 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 (3) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act . Advisor (4) 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).
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 43
Appointment of Director 43 (1) The Governor in Council shall appoint a Director to hold office during pleasure for a term of not more than five years. Reappointment (2) Subject to subsection (3), the Director is eligible to be reappointed on the expiry of a first or subsequent term of office. Limitation (3) No person shall hold office as Director for terms of more than ten years in the aggregate. Absence or incapacity (4) 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 (5) 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.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 44
Accident compensation 44 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 . 2000, c. 17, s. 44; 2003, c. 22, s. 224(E)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 45
Director’s powers 45 (1) 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 (2) The Director may authorize any person to act, under the Director’s direction, for the purposes of sections 62 to 64.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 46
Employees 46 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.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 47
Remuneration 47 The Director shall be paid the remuneration fixed by the Governor in Council.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 48
Head office 48 (1) 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 (2) The Director may, with the approval of the Minister, establish other offices of the Centre elsewhere in Canada.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 49
Personnel 49 (1) The Director has exclusive authority to (a) appoint, lay off or terminate the employment of the employees of the Centre; and (b) 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 (2) 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 (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may (a) determine the organization of and classify the positions in the Centre; (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties; (c) 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 (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre. 2000, c. 17, s. 49; 2003, c. 22, ss. 190, 223(A); 2017, c. 9, s. 55
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 50
Political activities 50 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. 2000, c. 17, s. 50; 2003, c. 22, s. 242
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 50.1
Advance amounts out of C.R.F. 50.1 (1) 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 (2) 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 (3) 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. 2021, c. 23, s. 164
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 51
Authority to provide services 51 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. 2000, c. 17, s. 51; 2003, c. 22, s. 191