Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)

Marginal note: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.

Appropriation

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Authority to Provide Services

Marginal note: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.

Assessments

Marginal note:Centre to ascertain expenses

• 51.1 (1) The Centre shall, before December 31 in each year, ascertain the total amount of prescribed expenses — excluding the expenses incurred for the disclosure of designated information under subsection 55(3), 55.1(1) or 56.1(1), (2) or (3) and for the analysis and assessment of reports and information made for the purposes of that disclosure — incurred during the immediately preceding fiscal year for or in connection with the administration of this Act.

• Marginal note:Amount conclusive

  (2) The amount ascertained under subsection (1) is final and conclusive for the purposes of this section.

• Marginal note:Assessment

  (3) As soon as feasible after ascertaining the amount under subsection (1), the Centre shall assess a portion of the total amount of expenses against every prescribed person or entity referred to in section 5 to the prescribed extent and in the prescribed manner.

• Marginal note:Interim assessment

  (4) The Centre may, during each fiscal year, make an interim assessment against any person or entity referred to in section 5.

Marginal note:Assessment of particular expenses

• 51.2 (1) The Centre may assess against a person or entity referred to in section 5 a prescribed charge and applicable disbursements for any prescribed service provided to them by or on behalf of the Centre.

• Marginal note:Interim assessment

  (2) The Centre may, during each fiscal year, make an interim assessment against the person or entity towards the amount to be assessed against them under subsection (1).

Marginal note:Prescribed information

• 51.3 (1) For the purposes of making an assessment or interim assessment under section 51.1 or 51.2, the Centre may collect prescribed information that is

  • (a) publicly available;

  • (b) provided to the Centre under an agreement entered into under subsection 66(1); or

  • (c) provided to the Centre under subsection (2).

• Marginal note:Request by Centre

  (2) For the purposes of paragraph (1)(c), the Centre may request that a person or entity referred to in section 5 provide the Centre with the prescribed information. The person or entity shall comply with the Centre’s request in the prescribed time and manner.

Marginal note:Assessment binding

• 51.4 (1) Every assessment and interim assessment made under section 51.1 or 51.2 is final and conclusive and binding on the person or entity against which it is made.

• Marginal note:Recovery

  (2) Every assessment and interim assessment constitutes a debt due to Her Majesty in right of Canada, is immediately payable and may be recovered as a debt in any court of competent jurisdiction.

• Marginal note:Interest

  (3) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time plus 2%.

Disclosure of Information

Marginal note:Director to report to Minister

• 52 (1) The Director shall report to the Minister from time to time on the exercise of the Director’s powers and the performance of his or her duties and functions under this Act.

• Marginal note:Director to report to Minister

  (1.1) On or before September 30 of each year, the Director shall submit to the Minister a report on the Centre’s activities for the preceding year that includes the following information about that year’s activities as well as information on any matters that the Minister or an officer of the Department of Finance specifies:

  • (a) a description of the activities carried out by the Centre to ensure compliance with Parts 1 and 1.1, including a description of those activities by class of persons or entities referred to in section 5, and of its conclusions as to the compliance of those persons or entities with Parts 1 and 1.1;

  • (b) any measures undertaken under paragraph 58(1)(c); and

  • (c) a description, with the relevant statistics included, of the results achieved by and the effectiveness of the Centre in the exercise of its powers and the performance of its duties and functions.

• Marginal note:Obligation to inform

  (2) The Director shall keep the Minister and any officer of the Department of Finance whom the Director considers appropriate informed of any matter that could materially affect public policy or the strategic direction of the Centre, and any other matter that the Minister considers necessary.

• Marginal note:Director to disclose other information

  (3) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the Minister or the officer considers relevant for the purpose of carrying out the Minister’s powers and duties under this Act.

• Marginal note:Disclosure of information to advisor

  (4) The Director shall disclose to a person engaged under subsection 42(4), in the form and manner that the person directs, any information obtained by the Centre in the administration and enforcement of this Act, or any information prepared by the Centre from that information, that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).

Marginal note:Limitation

• 53 (1) The Director shall not disclose under section 52

  • (a) any information collected by the Centre under subparagraph 54(1)(b)(ii);

  • (b) any information referred to in paragraphs 55(1)(a) to (b.1), (c) or (d);

  • (c) any information referred to in paragraph 55(1)(e) that the Centre prepared for possible disclosure under subsection 55(3), section 55.1 or subsection 56.1(1) or (2); or

  • (d) any information that would directly or indirectly identify a client or employee of a person or entity referred to in section 5.

• Marginal note:Clarification

  (2) For greater certainty, if information referred to in subsection (1) is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under section 52, the Director shall provide the document with that information excluded.

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

• 53.1 (1) The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any 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), that the Minister or the officer 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(1)(a) or (b), or any analysis conducted by the Centre under paragraph 54(1)(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 or any officer of the Department of Finance whom the Director considers appropriate.

Marginal note:Limitation

• 53.2 (1) The Director shall disclose under subsection 53.1(1) information that would directly or indirectly identify any person or entity only if

  • (a) the person or entity is a foreign entity, as defined in section 11.41;

  • (b) the person or entity is one referred to in section 5; or

  • (c) the information is requested for the purpose of carrying out the Minister’s powers and duties under section 11.7.

• Marginal note:Clarification

  (2) For greater certainty, if information referred to in subsection (1) that would directly or indirectly identify any person or entity, other than one referred to in paragraph (1)(a) or (b), is contained in a document, whether in written form or in any other form, that is otherwise required to be disclosed under subsection 53.1(1), the Director shall provide the document with that information excluded.

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, agencies or organizations 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 or an officer of the Department of Finance 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 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:Information — assessment of risks

• 53.31 (1) For the purpose of assessing risks to the integrity of the Canadian financial system that may arise from the grant, revocation, suspension or amendment of an approval, the Minister, officers of the Department of Finance, the Director and the Superintendent of Financial Institutions may disclose to each other, and collect from each other, any information that relates both to the approval and to money laundering activities or terrorist financing activities.

• Marginal note:Limitation — Director

  (2) The Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.1.

• Marginal note:Definition of approval

  (3) In subsection (1), approval has the same meaning as in section 973 of the Bank Act, section 1016 of the Insurance Companies Act and section 527.2 of the Trust and Loan Companies Act.

Marginal note:National security or integrity of financial system

• 53.32 (1) For the purpose of assisting the Minister in determining whether to grant, revoke, suspend or amend an approval or in exercising the Minister’s powers or performing the Minister’s functions and duties under any of sections 32 to 47 and 96 of the Retail Payment Activities Act, the Director may, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, any information that is under the control of the Centre and that relates to national security or to safeguarding the integrity of Canada’s financial system.

• Marginal note:Limitation

  (2) Any information disclosed under subsection (1) may be used by the recipient only for the purpose of deciding whether to grant, revoke, suspend or amend an approval or in the exercise of the powers, or the performance of the functions and duties, referred to in subsection (1).

• Marginal note:Records

  (3) The Director shall cause to be kept a record of any request for information referred to in subsection (1) and of any information that is disclosed under that subsection.

• Marginal note:Definition of approval

  (4) In this section, approval has the same meaning as in section 973 of the Bank Act, section 1016 of the Insurance Companies Act and section 527.2 of the Trust and Loan Companies Act.