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Jobs and Economic Growth Act (S.C. 2010, c. 12)

Full Document:  

Assented to 2010-07-12

PART 142000, c. 17; 2001, c. 41, s. 48PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT

Amendments to the Act

Marginal note:2001, c. 41, s. 65

  • 1870. (1) Paragraph 40(b) of the Act is replaced by the following:

    • (b) collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering and of the financing of terrorist activities, and in order to assist the Minister in carrying out the Minister’s powers and duties under Part 1.1;

  • (2) Paragraph 40(e) of the Act is replaced by the following:

    • (e) ensures compliance with Parts 1 and 1.1.

1871. Subsection 52(3) of the Act is replaced by the following:

  • Marginal note:Disclosure of information

    (3) Subject to subsection 53.1(1), the Director shall, at the Minister’s request, disclose to the Minister any information that the Minister considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.

1872. The Act is amended by adding the following after section 53:

Marginal note:Director to disclose information for the purpose of Part 1.1

  • 53.1 (1) The Director shall, at the request of the Minister, disclose to the Minister any information received or collected by the Centre under paragraph 54(a) or (b), or any analysis conducted by the Centre under paragraph 54(c), that the Minister considers relevant for the purpose of carrying out the Minister’s powers and duties under Part 1.1.

  • Marginal note:Director may disclose information

    (2) If the Director is of the opinion that information received or collected by the Centre under paragraph 54(a) or (b), or any analysis conducted by the Centre under paragraph 54(c), would assist the Minister in carrying out the Minister’s powers and duties under Part 1.1, the Director may disclose that information or analysis to the Minister.

Marginal note:Limitation

53.2 Despite section 53.1, the Director shall not disclose any information that would directly or indirectly identify any person or entity other than a foreign entity.

Marginal note:Director to seek consent

  • 53.3 (1) The Director shall seek consent for disclosure of information that was provided to the Centre in confidence by the institutions or agencies mentioned in paragraph (a), (b) or (c), as the case may be, if that information is contained in the information or analysis requested by the Minister under subsection 53.1(1):

    • (a) federal or provincial law enforcement agencies;

    • (b) federal government institutions or federal government agencies; or

    • (c) a government of a foreign state, an international organization established by the governments of foreign states, or an institution or agency of a foreign state that has powers and duties similar to those of the Centre, with which the Minister or the Centre has entered into a written agreement or arrangement under subsection 56(1) or (2), if the agreement or arrangement so provides.

  • Marginal note:No disclosure without consent

    (2) The Director shall not disclose the information that was provided to the Centre in confidence before having obtained the consent referred to in subsection (1).

Marginal note:2001, c. 41, s. 66

1873. Paragraph 54(a) of the Act is replaced by the following:

  • (a) shall receive reports made under section 7, 7.1, 9, 12 or 20 or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

Marginal note:2005, c. 38, s. 126(1); 2006, c. 12, s. 26(3)

1874. Paragraphs 55(3)(b) and (b.1) of the Act are replaced by the following:

  • (b) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;

  • (b.1) the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency;

Marginal note:2001, c. 41, s. 69

  • 1875. (1) Subparagraphs 58(1)(c)(ii) and (ii.1) of the Act are replaced by the following:

    • (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, and

  • Marginal note:2001, c. 41, s. 69

    (2) Subparagraph 58(1)(c)(iii) of the English version of the Act is replaced by the following:

    • (iii) measures that have been or might be taken to detect, prevent and deter money laundering and the financing of terrorist activities inside and outside Canada, and the effectiveness of those measures.

1876. The Act is amended by adding the following after section 58:

Marginal note: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(a) or (b), or any analysis conducted by the Centre under paragraph 54(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.

  • Marginal note:Limitation

    (2) Despite subsection (1), the Centre shall not disclose any information that would directly or indirectly identify any person or entity other than a foreign entity.

1877. Subsection 73(1) of the Act is amended by adding the following after paragraph (y):

  • (y.1) prescribing the measures to be taken for the purpose of paragraph 11.42(1)(a);

  • (y.2) defining the expression “foreign entity” referred to in Part 1.1, section 53.2 and subsection 58.1(2);

Marginal note:2006, c. 12, s. 41

  • 1878. (1) The portion of section 74 of the Act before paragraph (a) is replaced by the following:

    Marginal note:General offences

    • 74. (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.3, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.44, 11.45 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable

  • (2) Section 74 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Offence — contravention of a directive

      (2) Every person or entity that knowingly contravenes section 11.43, except insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable

      • (a) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; or

      • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both.

Marginal note:2001, c. 41, s. 74

1879. The portion of subsection 75(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Reporting and regulations — sections 7 and 7.1 and subsection 11.49(1)

  • 75. (1) Every person or entity that knowingly contravenes section 7 or 7.1 or any regulation made under subsection 11.49(1) is guilty of an offence and liable

1880. Subsection 77(2) of the Act is replaced by the following:

  • Marginal note:Reporting — section 11.43

    (2) Every person or entity that contravenes section 11.43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.42(2)(e) and specified in a directive issued under subsection 11.42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $500,000 for a first offence and of not more than $1,000,000 for each subsequent offence.

  • Marginal note:Due diligence defence

    (3) No person or entity shall be convicted of an offence under subsection (1) or (2) if they establish that they exercised due diligence to prevent its commission.

Marginal note:2006, c. 12, s. 44

1881. Section 81 of the Act is replaced by the following:

Marginal note:Time limitation

81. Proceedings under paragraph 74(1)(a), 74(2)(a), 75(1)(a) or 76(a), subsection 77(1) or (2), or paragraph 77.1(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose.

1882. The Act is amended by replacing “Part 1” with “Part 1 or 1.1” in the following provisions:

  • (a) the portion of subsection 62(1) before paragraph (a), paragraph 62(1)(a) and subsection 62(2);

  • (b) paragraphs 63(2)(a) and (b);

  • (c) section 63.1; and

  • (d) section 65.

R.S., c. 18, Part 1 (3rd Supp.)Consequential Amendment to the Office of the Superintendent of Financial Institutions act

Marginal note:2004, c. 15, s. 97

1883. Subsection 22(1.1) of the Office of the Superintendent of Financial Institutions Act is replaced by the following:

Coming into Force

Marginal note:Order in council

1884. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 15R.S., c. C-10CANADA POST CORPORATION ACT

1885. Section 15 of the Canada Post Corporation Act is amended by adding the following after subsection (2):

  • Marginal note:Letters to foreign addressees

    (3) The exclusive privilege referred to in subsection 14(1) does not apply to letters intended for delivery to an addressee outside Canada.

PART 16R.S., c. C-3CANADA DEPOSIT INSURANCE CORPORATION ACT

Amendments to the Act

1886. Subsection 11(2) of the Canada Deposit Insurance Corporation Act is amended by adding the following after paragraph (f):

  • (f.1) for the purpose of facilitating the Corporation’s exercise of its functions either under section 14 or in the event that an order is made under subsection 39.13(1), respecting the information that the Corporation can require from member institutions with respect to their deposit liabilities and the time within and manner in which it is to be provided to the Corporation;

  • (f.2) respecting the capabilities that the Corporation can require member institutions to have to facilitate the Corporation’s exercise of its functions either under section 14 or in the event that an order is made under subsection 39.13(1), including the capability to

    • (i) identify their deposit liabilities, and

    • (ii) temporarily prevent withdrawals of deposit liabilities;

1887. Section 11 of the Act is amended by adding the following after subsection (2):

  • “Deposit liabilities”

    (2.1) For the purposes of paragraphs (2)(f.1) and (f.2), “deposit liabilities” include deposits referred to in paragraphs 12(a) to (c) and liabilities referred to in subsections 2(2), (5) and (6) of the schedule.

Marginal note:2009, c. 2, s. 243(1)

1888. Paragraph 39.13(1)(c) of the Act is replaced by the following:

  • (c) direct the Minister to incorporate a federal institution designated in the order as a bridge institution and specify the date and time as of which the federal member institution’s deposit liabilities are assumed.

1889. Section 39.15 of the Act is amended by adding the following before subsection (8):

  • Marginal note:Assignment of eligible financial contracts

    (7.2) The Corporation may assign to a bridge institution eligible financial contracts — including any claim under such contracts — that are between a federal member institution and an entity or any of the following entities provided that the Corporation assigns all of those eligible financial contracts to the bridge institution:

    • (a) another entity that is controlled — directly or indirectly — by the entity;

    • (b) another entity that controls — directly or indirectly — the entity; or

    • (c) another entity that is controlled — directly or indirectly — by the entity referred to in paragraph (b).

  • Marginal note:Assignment to bridge institution

    (7.3) If the eligible financial contracts are assigned to a bridge institution,

    • (a) the undertaking referred to in subsection (7.1) that is provided applies to all the eligible financial contracts that are assigned; and

    • (b) the federal member institution’s interest or, in Quebec, right in property that secures its obligations under an eligible financial contract that is assigned is transferred to the bridge institution.

Marginal note:2007, c. 29, s. 103(1)

1890. The portion of subsection 39.15(9) of the Act before the definition “eligible financial contract” is replaced by the following:

  • Marginal note:Definitions

    (9) The following definitions apply in this section.

1891. Subsection 39.202(1) of the Act is replaced by the following:

Marginal note:Deposit liabilities assumed

  • 39.202 (1) A bridge institution shall assume a federal member institution’s deposit liabilities that are both insured by the Corporation and posted in the federal member institution’s records as of the date and time specified in the order referred to in paragraph 39.13(1)(c).

  • Marginal note:Interest

    (1.1) Any interest accrued on the deposit liabilities referred to in subsection (1) is assumed by the bridge institution.

  • Marginal note:Deeming deposits or withdrawals not entered

    (1.2) Any deposit or withdrawal that is made on or before that date and time but is not posted in the records of the federal member institution as of that date and time, and any deposit or withdrawal made after that date and time, are deemed to be deposited with or withdrawn from, as the case may be, the bridge institution.

  • Marginal note:Interest

    (1.3) Any interest accruing on the deposits referred to in subsection (1.2) is owed by the bridge institution.

1892. The schedule to the Act is amended by replacing “(Section 2)” after the heading “SCHEDULE” with “(Sections 2 and 26.01 and subsection 11(2.1))”.

Coming into Force

Marginal note:Subsection 245(7) of the Budget Implementation Act, 2009

1893. Sections 1889 and 1890 come into force on the day on which subsection 245(7) of the Budget Implementation Act, 2009 comes into force or, if it is later, on the day on which this Act receives royal assent.

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