GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations — 11
11 (1) The requirement to report information set out in Schedule 1 or 2 does not apply in respect of information set out in an item of that Schedule that is not marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information. (2) In the case of an attempted transaction, the requirement to report information set out in Schedule 1 does not apply in respect of information set out in an item of that Schedule that is marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information. (3) The requirement to report information set out in Schedule 1 or 2 does not apply if the person or entity believes that taking the reasonable measures to obtain the information would inform a person or entity that conducts or attempts or proposes to conduct a transaction with them that the transaction and related information will be reported under section 7 or 7.1 of the Act. (4) For greater certainty, although items in Schedules 1 and 2 are described in the singular, a person or entity shall report all known information that falls within an item. (5) For greater certainty, a person or entity is not required to report information set out in any item of Schedule 1 or 2 that is not applicable in the circumstances. SOR/2002-185, s. 4; SOR/2007-122, s. 8 SOR/2019-240, s. 4
Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations — 12
12 A report shall be sent electronically in accordance with guidelines that are prepared by the Centre, if the sender has the technical capabilities to do so. If the sender does not have the technical capabilities to send the report electronically, the report shall be sent in paper format in accordance with guidelines that are prepared by the Centre. SOR/2002-185, s. 4 SOR/2019-240, s. 4
Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations — 12.1
12.1 (1) A person or entity that sends a report to the Centre shall keep a copy of the report for a period of at least five years after the day on which the report is sent. (2) The copy of the report may be kept in a machine-readable or electronic form if a paper copy can be readily produced from it. (3) For greater certainty, if the copy is the property of a person’s employer or of a person or entity with which the person is in a contractual relationship, the person is not required to keep it after the end of their employment or the contractual relationship. SOR/2007-122, s. 9 SOR/2019-240, s. 4
Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations — 13
13 The information that is prescribed as designated information for the purposes of paragraphs 55(7)(f), 55.1(3)(f) and 56.1(5)(f) of the Act is (a) the following information concerning any person or entity that is involved in the transaction, attempted transaction, importation or exportation or any person or entity acting on their behalf: (i) their address, telephone number and email address, (ii) in the case of a person, their alias, date of birth and citizenship, (iii) in the case of a person, the number of an identification document issued to them by the federal government or a provincial government or by a foreign government that is not a municipal government, other than a document that contains their social insurance number, the issuing authority and, if available, the jurisdiction and country of issue and expiry date of the identification document, (iii.1) [Repealed, SOR/2019-240, s. 6] (iv) in the case of an entity that is involved in the transaction, attempted transaction, importation or exportation, the date of its registration or incorporation, its registration or incorporation number and the jurisdiction and country of issue of that number, (v) [Repealed, SOR/2019-240, s. 6] (vi) [Repealed, SOR/2019-240, s. 6] (vii) the name and address of any person or entity on whose behalf the financial transaction or attempted financial transaction is conducted or on whose behalf the importation or exportation is carried out, and (viii) the telephone number of the place of business where the financial transaction or attempted financial transaction occurred; (ix) [Repealed, SOR/2019-240, s. 6] (b) in the case of a financial transaction or attempted financial transaction, the following information: (i) every account number and transit number that is involved, (ii) the name of each account holder, (iii) the number of the transaction or attempted transaction and every other reference number that is connected to the transaction or attempted transaction, (iv) the time of the transaction or attempted transaction, (v) the type of transaction or attempted transaction, (vi) the names of the parties to the transaction or attempted transaction, (vii) the type of account, (viii) the name and address of each person who is authorized to act in respect of the account, and (ix) the type of report, as listed in paragraph 54(1)(a) of the Act, from which the information disclosed is compiled; and (c) in the case of an importation or exportation of fiat currency or monetary instruments, the country from which they are being imported or the country to which they are being exported. SOR/2002-185, s. 4; SOR/2003-358, s. 3; SOR/2007-122, s. 10; SOR/2008-195, s. 1; SOR/2016-153, s. 6 SOR/2019-240, s. 6 SOR/2023-193, s. 1(E)
Controlled Goods Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, pursuant to section 43 a of the Defence Production Act , hereby makes the annexed Controlled Goods Regulations . a S.C. 2000, c. 31, s. 5
Controlled Goods Regulations — 1
1 The following definitions apply in these Regulations. Act means the Defence Production Act . ( Loi ) business day means a day other than a Saturday or a holiday. ( jour ouvrable ) international student means an individual who is authorized by a study permit or by the Immigration and Refugee Protection Regulations to engage in studies in Canada and who is not an officer, director or employee of a person registered under these Regulations. ( étudiant étranger ) permanent resident has the same meaning as in subsection 2(1) of the Immigration Act . ( résident permanent ) person includes a partnership or other business enterprise. ( personne ) temporary worker means an officer, director or employee of a person registered under these Regulations who is not (a) a Canadian citizen ordinarily resident in Canada; or (b) a permanent resident ordinarily resident in Canada. ( travailleur temporaire ) visitor means an individual — other than an international student — who is not an officer, director or employee of a person registered under these Regulations and who is not (a) a Canadian citizen ordinarily resident in Canada; or (b) a permanent resident ordinarily resident in Canada. ( visiteur ) SOR/2016-201, s. 1
Controlled Goods Regulations — Controlled Goods Regulations
Act means the Defence Production Act . ( Loi )
Controlled Goods Regulations — Controlled Goods Regulations
business day means a day other than a Saturday or a holiday. ( jour ouvrable )
Controlled Goods Regulations — Controlled Goods Regulations
international student means an individual who is authorized by a study permit or by the Immigration and Refugee Protection Regulations to engage in studies in Canada and who is not an officer, director or employee of a person registered under these Regulations. ( étudiant étranger )
Controlled Goods Regulations — Controlled Goods Regulations
permanent resident has the same meaning as in subsection 2(1) of the Immigration Act . ( résident permanent )
Controlled Goods Regulations — Controlled Goods Regulations
person includes a partnership or other business enterprise. ( personne )
Controlled Goods Regulations — (a)
temporary worker means an officer, director or employee of a person registered under these Regulations who is not (a) a Canadian citizen ordinarily resident in Canada; or (b) a permanent resident ordinarily resident in Canada. ( travailleur temporaire )
Controlled Goods Regulations — (a)
visitor means an individual — other than an international student — who is not an officer, director or employee of a person registered under these Regulations and who is not (a) a Canadian citizen ordinarily resident in Canada; or (b) a permanent resident ordinarily resident in Canada. ( visiteur )
Controlled Goods Regulations — 1.1
1.1 Part 2 of the Act does not apply to members of the following classes of persons who act in good faith in the course of their duties and employment: a) public officers as defined in subsection 117.07(2) of the Criminal Code ; (b) elected or appointed officials of the federal or a provincial government; or (c) members of a visiting force as defined in section 2 of the Visiting Forces Act . SOR/2004-132, s. 1
Controlled Goods Regulations — 2
2 A person is eligible to apply for registration if (a) in the case of an individual, they carry on business in Canada, give their consent to a security assessment and are (i) a Canadian citizen ordinarily resident in Canada, or (ii) a permanent resident ordinarily resident in Canada; and (b) in the case of a corporation, partnership or any other business enterprise, it is either (i) incorporated under federal or provincial law, or (ii) authorized by federal or provincial law to carry on business in Canada.
Controlled Goods Regulations — 3
3 A person who is eligible may apply for registration by sending to the Minister on a form supplied by the Minister an application that contains (a) the applicant's legal name, business name, address, telephone numbers for each place of business in Canada and, if applicable, electronic mail and facsimile numbers for each place; (b) evidence of the legal status of the applicant's business; (c) the name, residential address and position of each director, officer, partner or proprietor of the business; (d) the name and address of any owner of 20% or more of the outstanding voting shares or interests of the business and the percentage that each owns; (e) the name, date of birth, position, telephone number and, if applicable, facsimile number and email address of the individual who is proposed to be appointed as the designated official; (f) [Repealed, SOR/2016-201, s. 3] (g) a description of the controlled goods that the applicant intends to examine, possess or transfer and the addresses of the locations where those goods will be kept; (h) the addresses of the locations where the records required by these Regulations will be kept; and (i) a statement signed and dated by an individual authorized for that purpose, stating that the information contained in the application is accurate and complete. SOR/2016-201, s. 3
Controlled Goods Regulations — 3.1
3.1 The application shall be accompanied by the consent of the following individuals to a security assessment to be conducted by the Minister in accordance with section 15, including their consent to the disclosure of their personal information to — and its use by — Canadian government entities and credit reporting agencies for the purpose of that assessment: (a) each owner referred to in paragraph 3(d) that is an individual; (b) the proposed designated official referred to in paragraph 3(e), unless they were subjected to a security assessment in accordance with section 15 within the previous five years; and (c) the authorized individual referred to in paragraph 3(i). SOR/2016-201, s. 4
Controlled Goods Regulations — 4
4 In deciding whether to register an applicant, the Minister shall assess, based on the security assessments referred to in section 3.1 and any other information obtained in respect of the applicant, the extent to which the applicant poses a risk of transferring a controlled good to a person who is neither registered nor exempt from registration. SOR/2010-303, s. 1; SOR/2016-201, s. 5
Controlled Goods Regulations — 5
5 If the Minister approves an application for registration, the Minister shall provide a certificate of registration to the applicant that sets out the period for which the registration is valid and any conditions under which they may examine, possess or transfer controlled goods. SOR/2010-303, s. 1
Controlled Goods Regulations — 6
6 If the Minister denies an application for registration, the Minister shall send a notice with reasons for the denial to the applicant. SOR/2010-303, s. 1
Controlled Goods Regulations — 7
7 The registration of a person is valid for a period not exceeding five years from the date of approval by the Minister.
Controlled Goods Regulations — 8
8 The registration of a person is not assignable.
Controlled Goods Regulations — 9
9 (1) Every applicant and registered person shall advise the Minister of any change in any of the information contained in or accompanying the application for registration within ten business days after the day on which they become aware of the change. (2) A registered person shall, by the later of 32 business days before the date of an acquisition or one business day after the day on which they become aware of an acquisition, advise the Minister of the name and address of any person that will, as a result of the acquisition, own 20% or more of the outstanding voting shares or interests of the business. SOR/2016-201, s. 6
Controlled Goods Regulations — 11
11 An applicant for registration or a registered person may propose to appoint as a designated official only (a) themselves, if they are an individual; or (b) one of their officers, directors or employees who is either a Canadian citizen ordinarily resident in Canada or a permanent resident ordinarily resident in Canada and who has obtained — or will obtain before the appointment is made — any certification required by the Minister. SOR/2016-201, s. 8
Controlled Goods Regulations — 12
12 (1) A registered person shall ensure that a designated official is subjected to a security assessment in accordance with section 15 before their appointment and at least once every five years. (2) An individual in respect of whom a security assessment is required under subsection (1) shall provide their consent to the security assessment, including their consent to the disclosure of their personal information to — and its use by — Canadian government entities and credit reporting agencies for the purpose of that assessment. (3) The Minister shall, on the basis of the security assessment, accept or reject the individual as a designated official and shall notify the registered person of the acceptance or the reasons for rejection. SOR/2016-201, s. 8
Controlled Goods Regulations — 13
13 Every registered person shall ensure that the designated official (a) in respect of each officer, director and employee who is not a temporary worker of the registered person and who requires in the course of their duties access to controlled goods, (i) conducts, at least once every five years and with the consent of the individual concerned, including their consent to the disclosure of their personal information to — and its use by — Canadian government entities and credit reporting agencies for the purpose of the assessment, a security assessment in accordance with section 15, (ii) determines, on the basis of the security assessment, the extent to which the individual concerned poses a risk of transferring a controlled good to a person who is neither registered nor exempt from registration, (iii) if the designated official is of the opinion that the individual concerned poses a high risk, requests that the Minister conduct his or her own security assessment in respect of the individual concerned and provides to the Minister, for the purpose of carrying out that assessment, all information and evidence obtained by the designated official under subsections 15(2), (4) and (5), (iv) considers any recommendation provided by the Minister under subsection 15.1(2), and (v) decides the extent to which the registered person ought to authorize the individual concerned to examine, possess or transfer controlled goods; (b) verifies the information provided to them by temporary workers, international students and visitors for the purpose of applications for exemption submitted under section 18; and (c) obtains and maintains any certification required by the Minister. SOR/2016-201, s. 9
Controlled Goods Regulations — 14
14 (1) The registered person shall be bound by the decision of the designated official under subparagraph 13(a)(v). (2) An authorization by the registered person applies to an officer, director or employee only when that individual is acting in the course of their duties with the registered person. SOR/2016-201, s. 10
Controlled Goods Regulations — 15
15 (1) The Minister shall conduct a security assessment in respect of all proposed designated officials and all individuals referred to in paragraphs 3(d) and (i), and the designated official shall conduct a security assessment in respect of all officers, directors and employees referred to in paragraph 13(a), having regard to the information provided under subsection (4). (2) In conducting the security assessment, the Minister may also have regard to other information provided by any person and the designated official may have regard to other information provided by the Minister if the Minister or the designated official, as the case may be, has reasonable grounds to believe that the information is necessary to determine the extent of the risk referred to in subsection (3). (3) The purpose of the security assessment is to determine the extent to which the individual being assessed poses a risk of transferring a controlled good to a person who is neither registered nor exempt from registration. (4) The individual who is the subject of the security assessment shall provide the Minister or the designated official, as the case may be, with the following information and, on request, any additional information or evidence that the Minister or the designated official requires to verify it: (a) their name and any previous names; (b) their date and place of birth; (c) all citizenships and any permanent resident status; (d) personal references; and (e) a description, in respect of the five-year period immediately before the day on which the individual consents to the assessment, of their (i) criminal history, (ii) places of residence, (iii) education and employment history, (iv) financial history, (v) history of travel outside of Canada and the United States, including any denial of entry into another country, (vi) significant personal and professional associations and relationships that could affect the extent to which the individual poses a risk of transferring a controlled good to a person who is neither registered nor exempt from registration, and (vii) any security clearance held, denied, suspended or revoked. (5) An individual who is or has been the subject of a security assessment shall advise the Minister or the designated official, as the case may be, of any change concerning their criminal history within five business days after the day on which the change occurs. (6) The Minister or the designated official, as the case may be, shall reconduct a security assessment if new information is received or if there are other reasonable grounds for doing so. SOR/2010-303, s. 3; SOR/2016-201, s. 10
Controlled Goods Regulations — 15.1
15.1 (1) If a request is made to the Minister under subparagraph 13(a)(iii), the Minister shall conduct the security assessment of the individual concerned in accordance with section 15. (2) The Minister shall advise the designated official of his or her recommendation respecting the extent to which the individual concerned poses a risk of transferring a controlled good to a person who is neither registered nor exempt from registration and the extent to which, in the Minister’s opinion, the individual ought to be authorized to examine, possess or transfer controlled goods. SOR/2016-201, s. 10
Controlled Goods Regulations — 16
16 (1) Subject to subsection (2), an individual is exempt from registration if they are a director, an officer or an employee of a person registered to access controlled goods under the International Traffic in Arms Regulations , Title 22, Parts 120-130 of the Code of Federal Regulations (United States). (2) An individual is exempt from registration from the day on which they provide to the person registered under these Regulations from whom they will obtain access to the controlled goods (a) evidence of the individual's status as a director, an officer or an employee of the person registered under the regulations referred to in subsection (1); (b) evidence of the registration and eligibility of that person under the International Traffic in Arms Regulations ; and (c) evidence of the eligibility of the individual under the International Traffic in Arms Regulations . (3) An individual is also exempt from registration if they are an officer, employee or elected or appointed official of the United States federal government or of a state or territorial government of the United States and act in good faith in the course of their duties and employment. SOR/2004-132, s. 2
Controlled Goods Regulations — 17
17 A temporary worker, international student or visitor is eligible for exemption from registration only if a registered person submits to the Minister an application on their behalf in accordance with section 18. SOR/2016-201, s. 11
Controlled Goods Regulations — 18
18 A registered person may apply to exempt a temporary worker, international student or visitor from registration by sending to the Minister, on a form supplied by the Minister, an application that contains (a) the name of the registered person; (b) the name, any previous names, date of birth and citizenships of the temporary worker, international student or visitor; (c) in the case of a visitor, their address and the name and address of their employer, if applicable; (d) a description, including the country of origin if other than Canada, of the controlled goods that the temporary worker, the international student or the visitor will examine, possess or transfer; (e) the expected duration of the temporary worker’s employment or of the international student’s placement with the registered person or the expected duration and purpose of the visit; and (f) a statement signed and dated by the designated official, stating that (i) the individual for whom the exemption is being sought meets the requirements of the definition of temporary worker, international student or visitor, as the case may be, (ii) in the case of a temporary worker or international student, the designated official has contacted their personal references, and (iii) the information contained in and accompanying the application is accurate and complete. SOR/2016-201, s. 12