GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 56.1
easonable grounds to exist between any persons or entities referred to in paragraph (a) and any other persons or entities; (h.1) in the case of a transaction or attempted transaction involving an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , any information in respect of the relationships that exist between any persons or entities connected in any way to the transaction or attempted transaction, including any person or entity that initiates or may benefit from it; (i) the financial interest that a person or entity referred to in paragraph (a) has in the entity on whose behalf the transaction was made or attempted, or on whose behalf the importation or exportation was made; (j) the name of the person or entity referred to in paragraph (a) suspected by the Centre on reasonable grounds to direct, either directly or indirectly, the transaction, attempted transaction, importation or exportation; (k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report; (l) the number and types of reports on which a disclosure is based; (m) the number and categories of persons or entities that made those reports; (n) indicators of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence related to the transaction, attempted transaction, importation or exportation; (o) information about the importation or exportation sent to the Centre under Part 2; (p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations , information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; (q) if an entity referred to in paragraph (a) is a trust, the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust; (r) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; (s) information respecting the ownership, control and structure of an entity referred to in paragraph (a); and (t) any other information set out in a report made under section 7.1. 2001, c. 41, s. 68; 2006, c. 12, s. 28; 2014, c. 20, s. 284; 2017, c. 20, s. 432 2019, c. 29, s. 109 2021, c. 23, s. 169 2023, c. 26, s. 195 2024, c. 15, s. 291
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 56.2
Usefulness of information 56.2 When the Centre receives information from an institution or agency under an agreement or arrangement referred to in subsection 56(1) or (2), the Centre may provide it with an evaluation of whether the information is useful to the Centre. 2006, c. 12, s. 29
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 57
Use of information 57 No person who obtained or who has or had access to information referred to in subsection 55(1) in the course of exercising powers or performing duties and functions under this Part shall use the information for a purpose other than exercising those powers or performing those duties and functions.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 58
Feedback, research and public education 58 (1) The Centre may (a) inform persons and entities that have provided a report under section 7, 7.1 or 9, or a report referred to in section 9.1, about measures that have been taken with respect to reports under those sections; (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 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, persons and entities referred to in section 5, authorities engaged in the investigation and prosecution of money laundering offences, terrorist activity financing offences and sanctions evasion offences, and others, with respect to (i) their obligations under this Act, (ii) the nature and extent of money laundering inside and outside Canada, (ii.1) the nature and extent of the financing of terrorist activities inside and outside Canada, (ii.2) the nature and extent of the financing, inside and outside Canada, of threats to the security of Canada, (ii.3) the nature and extent of sanctions evasion inside and outside Canada, and (iii) measures that have been or might be taken to detect, prevent and deter the money laundering — as well as the financing of terrorist activities and the financing of threats to the security of Canada — inside or outside Canada, and the effectiveness of those measures. Limitation (2) The Centre 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 Centre; (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. 2000, c. 17, s. 58; 2001, c. 41, s. 69; 2010, c. 12, s. 1875; 2014, c. 20, s. 285 2023, c. 26, s. 196 2024, c. 15, s. 292
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 58.1
Centre may disclose information to Minister 58.1 (1) The Centre may, at the request of the Minister, disclose information received or collected by the Centre under paragraph 54(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(c), to authorities specified by the Minister for the purpose of assisting the Minister in carrying out the Minister’s powers and duties under Part 1.1. (2) [Repealed, 2023, c. 26, s. 197] 2010, c. 12, s. 1876; 2014, c. 20, s. 286 2023, c. 26, s. 197
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 59
Immunity from compulsory processes 59 (1) Subject to section 36 of the Access to Information Act and sections 34 and 37 of the Privacy Act , the Centre, and any person who has obtained or who has or had access to any information or documents in the course of exercising powers or performing duties and functions under this Act, other than Parts 2 and 2.1, is required to comply with a subpoena, a summons, an order for production of documents, or any other compulsory process only if it is issued in the course of court proceedings in respect of a money laundering offence, a terrorist activity financing offence, a sanctions evasion offence or an offence under this Act in respect of which an information has been laid or an indictment preferred or, in the case of an order for production of documents, if it is issued under section 60, 60.1 or 60.3. Search warrants (2) Despite any other Act, no search warrant may be issued in respect of the Centre. 2000, c. 17, s. 59; 2001, c. 41, s. 70; 2006, c. 12, s. 30 2024, c. 15, s. 293
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 60
 in this section. Attorney General means the Attorney General as defined in section 2 of the Criminal Code . ( procureur général ) judge means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act. ( juge ) police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace. ( policier ) 2000, c. 17, s. 60; 2001, c. 12, s. 3, c. 32, s. 72, c. 41, s. 71; 2006, c. 12, s. 31 2024, c. 15, s. 294
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501
Attorney General means the Attorney General as defined in section 2 of the Criminal Code . ( procureur général )
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501
judge means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act. ( juge )
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501
police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace. ( policier )
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 60.2
Hearing of applications 60.2 An application under subsection 60.1(2) to a judge for a production order, or an objection under subsection 60.1(7), shall be heard in private in accordance with regulations made under section 28 of the Canadian Security Intelligence Service Act . 2001, c. 41, s. 72
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 61
Certain provisions not applicable 61 Section 43 of the Customs Act , section 231.2 of the Income Tax Act and section 289 of the Excise Tax Act do not apply to the Centre or to its employees in their capacity as employees.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 62
To ensure compliance 62 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of any person or entity referred to in section 5 for the purpose of ensuring compliance with Part 1 or 1.1, and for that purpose may (a) at any reasonable time, enter any premises, other than a dwelling-house, in which the authorized person believes, on reasonable grounds, that there are records relevant to ensuring compliance with Part 1 or 1.1; (b) use or cause to be used any computer system or data processing system in the premises to examine any data contained in or available to the system; (c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and (d) use or cause to be used any copying equipment in the premises to make copies of any record. Assistance to Centre (2) The owner or person in charge of premises referred to in subsection (1) and every person found there shall give the authorized person all reasonable assistance to enable them to carry out their responsibilities and shall furnish them with any information with respect to the administration of Part 1 or 1.1 or the regulations under it that they may reasonably require. 2000, c. 17, s. 62; 2010, c. 12, s. 1882
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 63
Warrant required to enter dwelling-house 63 (1) If the premises referred to in subsection 62(1) is a dwelling-house, the authorized person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) A justice of the peace may issue a warrant authorizing the authorized person to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if on ex parte application the justice is satisfied by information on oath that (a) there are reasonable grounds to believe that there are in the premises records relevant to ensuring compliance with Part 1 or 1.1; (b) entry to the dwelling-house is necessary for any purpose that relates to ensuring compliance with Part 1 or 1.1; and (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused. Areas that may be entered (3) For greater certainty, an authorized person who enters a dwelling-house under authority of a warrant may enter only a room or part of a room in which the person believes on reasonable grounds that a person or an entity referred to in section 5 is carrying on its business, profession or activity. 2000, c. 17, s. 63; 2010, c. 12, s. 1882
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 63.01
Means of telecommunication 63.01 (1) For the purposes of sections 62 and 63, an authorized person is considered to have entered a place when accessing it remotely by a means of telecommunication. Limitation — access by means of telecommunication (2) An authorized person who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and shall be remotely in the place for no longer than the period necessary for the purpose referred to in subsection 62(1). 2023, c. 26, s. 198
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 63.1
Information demand 63.1 (1) For an examination under subsection 62(1), an authorized person may also serve notice to require that the person or entity provide, at the place and in accordance with the time and manner stipulated in the notice, any document or other information relevant to the administration of Part 1 or 1.1 in the form of electronic data, a printout or other intelligible output. Obligation to provide information (2) The person or entity on whom the notice is served shall provide, in accordance with the notice, the documents or other information with respect to the administration of Part 1 or 1.1 that the authorized person may reasonably require. 2006, c. 12, s. 34; 2010, c. 12, s. 1882
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 64
The authorized person shall not examine or make copies of any document without giving a reasonable opportunity for a claim of solicitor-client privilege to be made under subsection (2). Prohibition (9.1) The authorized person shall not examine or make copies of a document in the possession of a person, not being a legal counsel, who contends that a claim of solicitor-client privilege may be made in respect of the document by a legal counsel, without giving that person a reasonable opportunity to contact that legal counsel to enable a claim of solicitor-client privilege to be made. Waiver of claim of privilege (10) If a legal counsel has made a claim that a named client or former client of the legal counsel has a solicitor-client privilege in respect of a document, the legal counsel shall at the same time communicate to the authorized person the client’s latest known address so that the authorized person may endeavour to advise the client of the claim of privilege that has been made on their behalf and may by doing so give the client an opportunity, if it is practicable within the time limited by this section, to waive the privilege before the matter is to be decided by a judge. 2000, c. 17, s. 64; 2001, c. 12, s. 4; 2006, c. 12, s. 35(E)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 65
Disclosure to law enforcement agencies 65 (1) The Centre may disclose to the appropriate law enforcement agencies any information of which it becomes aware under subsection (4) or section 62, 63 or 63.1 and that it suspects on reasonable grounds would be relevant to investigating or prosecuting an offence under this Act arising out of a contravention of Part 1 or 1.1. Compliance of persons or entities (2) For the purpose of ensuring compliance with Part 1 or 1.1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 or 1.1 applies information relating to the compliance of those persons or entities with that Part. (3) [Repealed, 2023, c. 26, s. 199] Compliance of persons or entities (4) For the purpose of ensuring compliance with Parts 1 and 1.1, the Centre shall receive information voluntarily provided to it by a person or entity — other than an agency or body referred to in subsection (2) — relating to the compliance with Part 1 or 1.1 of persons or entities referred to in section 5. 2000, c. 17, s. 65; 2004, c. 15, s. 101; 2006, c. 12, s. 36; 2010, c. 12, s. 1882; 2013, c. 40, ss. 280, 281; 2014, c. 20, s. 287 2023, c. 26, s. 199
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 65.01
Disclosure to Canada Revenue Agency 65.01 (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to the initial implementation of policies respecting the reporting of international electronic funds transfers to the Canada Revenue Agency. Limitation (2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to the initial implementation of the policies referred to in that subsection or to ensuring compliance with any provision of the Income Tax Act that requires the reporting of international electronic funds transfers to the Canada Revenue Agency. Limitation (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5. 2014, c. 20, s. 288
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 65.02
Disclosure to Canada Revenue Agency 65.02 (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to ensuring compliance with Part XV.1 of the Income Tax Act . Limitation (2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to ensuring compliance with Part XV.1 of the Income Tax Act . Limitation (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5. 2014, c. 20, s. 289
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 65.03
Disclosure to Bank of Canada 65.03 (1) The Centre may disclose to the Bank of Canada any information relating to the compliance with Part 1 or 1.1 of persons or entities to whom Part 1 or 1.1 applies if the Centre is of the opinion that the information is relevant to the Bank of Canada’s objects under the Retail Payment Activities Act . Limitation (2) Any information disclosed by the Centre under subsection (1) may be used by the Bank of Canada only for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects. Limitation (3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5. 2021, c. 23, s. 182
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 65.1
Agreements and arrangements 65.1 (1) The Centre may enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties, similar to those of the Centre, with respect to verifying compliance with requirements to identify persons or entities, keep records or make reports, or with an international organization made up of such institutions or agencies, that stipulates (a) that the Centre and the institution, agency or organization may exchange information about the compliance of persons and entities with those requirements and about the assessment of risk related to their compliance; (b) that the information may only be used for purposes relevant to ensuring compliance with the requirements and to assessing risk related to compliance; and (c) that the information will be treated in a confidential manner and not be further disclosed without the express consent of the Centre. Disclosure (2) The Centre may, in accordance with the agreement or arrangement, provide the institution, agency or organization with information referred to in the agreement or arrangement. Usefulness of information (3) When the Centre receives information from an institution, agency or organization under an agreement or arrangement, the Centre may provide it with an evaluation of whether the information is useful to the Centre. 2006, c. 12, s. 37; 2017, c. 20, s. 433
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 66
Power to enter into 66 (1) The Centre may, for the purpose of exercising its powers or performing its duties and functions under this Part, enter into contracts, memoranda of understanding and other agreements with a department or an agency of the Government of Canada, with the government of a province, with the government of a foreign state and with any other person or organization, whether inside or outside Canada, in its own name or in the name of Her Majesty in right of Canada. Agreements re databases (2) Agreements relating to the Centre’s collection of information from databases referred to in paragraph 54(1)(b) must specify the nature of and limits with respect to the information that the Centre may collect from those databases. Limitation (3) Despite subsection (1), only the Minister may enter into an agreement or arrangement referred to in subsection 56(1). 2000, c. 17, s. 66; 2014, c. 20, s. 290
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 67
Choice of service providers 67 Despite section 9 of the Department of Public Works and Government Services Act , the Centre may, with the approval of the Governor in Council given on the recommendation of the Treasury Board, procure goods and services, including legal services, from outside the federal public administration. 2000, c. 17, s. 67; 2003, c. 22, s. 224(E)
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 68
Centre 68 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Centre, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Centre in the name of the Centre in any court that would have jurisdiction if the Centre were a corporation that is not an agent of Her Majesty.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 68.1
Filing of documents 68.1 The Centre may, for the purpose of any action, suit or other legal proceedings brought or taken under this Act, file with the court any documents containing information referred to in subsection 55(1). 2014, c. 20, s. 291
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 69
No liability 69 No action lies against Her Majesty, the Minister, the Director, any employee of the Centre or any person acting under the direction of the Director for anything done or omitted to be done in good faith in the administration or discharge of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.
Proceeds of Crime (Money Laundering) and Terrorist Financing Act — P-24.501 70
Audit 70 (1) All receipts and expenditures of the Centre are subject to examination and audit by the Auditor General of Canada. Use and disclosure (2) The Auditor General of Canada and every person acting on behalf of or under the direction of the Auditor General of Canada shall not use or disclose any information referred to in subsection 55(1) that they have obtained, or to which they have had access, in the course of exercising powers or performing duties and functions under this Act or the Auditor General Act , except for the purposes of exercising those powers or performing those duties and functions.