BILL C-22

"An Act to facilitate combatting the laundering of proceeds of crime, to establish the Financial Transactions and Reports Analysis Centre of Canada and to amend and repeal certain Acts in consequence."

 

PART 1

" 6. Every person or entity shall keep and retain records that relate to financial activities in accordance with the regulations made under subsection 73(1)."

" 7. In addition to the requirements referred to in subsection 9(1), every person or entity shall report to the Centre, in the prescribed form and manner, every financial transaction that occurs in the course of their activities…"

" 9. (1) Every person or entity shall report to the Centre, in the prescribed form and manner, every prescribed financial transaction that occurs in the course of their activities. "

" 9. (3) Every person or entity shall maintain a list, in the prescribed form and manner, of their clients…"

" 10. No criminal or civil proceedings lie against a person or an entity for making a report in good faith under section 7 or 9. "

 

PART 2

" 12. (1) Every person or entity… …shall report to an officer, in accordance with the regulations, the importation

or exportation of currency or monetary instruments… "

" 12. (3) Currency or monetary instruments… …in the actual possession of a person arriving in or departing from Canada, or that form part of their baggage… …by courier or as mail…"

12. (4) "…the person arriving in or departing from Canada… …shall… present the currency or monetary instruments that they are carrying or transporting, unload any… …baggage and open or unpack any package or container that the officer wishes to examine. "

" 14. (1) Subject to subsections… …the officer may… …retain the currency or monetary instruments…"

" 14. (5) Currency or monetary instruments that are retained by an officer under subsection (1) are forfeited to Her Majesty in right of Canada at the end of the period referred to in that subsection…"

" 15. (1) An officer may search

(a) any person who has arrived in Canada, within a reasonable time after their arrival in Canada,

(b) any person who is about to leave Canada, at any time before their departure, or

(c) any person who has had access to an area designated for use by persons about to leave Canada

and who leaves the area but does not leave Canada, within a reasonable time after they leave the area…"

18. (1) "…the officer may seize as forfeit the currency or monetary instruments. "

" 21. (1) On request of an officer, any mail that… …contains or is suspected to contain currency or monetary instruments… …shall be submitted by the Canada Post Corporation to an officer. "

23. "…currency or monetary instruments seized as forfeit under subsection 18(1) are forfeited to Her Majesty in right of Canada… …and no act or proceeding after the forfeiture is necessary to effect the forfeiture. "

" 24. The forfeiture of currency or monetary instruments seized… …is final and is not subject to review…"

" 38. (1) The Minister… …may enter into an agreement or arrangement… …with the government of a foreign state… …whereby… …information… …will be provided to the Canada Customs and Revenue Agency."

 

PART 3

" 40. The object of this Part is to establish an independent agency that… …collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering; "

" 54. The Centre

(a) shall receive… …information provided to the Centre by any agency of another country… …information provided to the Centre by… … government institutions… …and other information about suspicions…"

" (b) may collect information that the Centre considers relevant…"

" 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… …and for that purpose may

(a) at any reasonable time, enter any premises, other than a dwelling-house…

(b) use or cause to be used any computer system or data processing system in the premises…

(c) reproduce any record… …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. "

" 62. (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… …and shall furnish them with any information…"

" 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…"

" 65. The Centre may disclose to the appropriate law enforcement agencies any information…"

 

PART 4

" 73. (1) The Governor in Council may, on the recommendation of the Minister, make any regulations…"

 

PART 5

" 74. Every person or entity that knowingly contravenes… …is guilty of an offence and liable

(a) on summary conviction, to a fine of… …$50,000 or to imprisonment for… …six months, or to both; or

(b) on conviction on indictment, to a fine of… …$500,000 or to imprisonment for… …five years, or to both. "

" 75. (1) Every person or entity that knowingly contravenes section 7 is guilty of an offence and liable

(a) on summary conviction, (i) for a first offence, to a fine of… …$500,000 or to imprisonment for… …six months, or to both, and (ii) for a subsequent offence, to a fine of… …$1,000,000 or… ...one year, or to both; or (b) on conviction on indictment, to a fine of… …$2,000,000 or … …five years, or to both. "

 

PART 6

" 99. The provisions of this Act, other than section 97, come into force on a day or days to be fixed by order of the Governor in Council. "

 

 

 

 

 

[ Please refer to the Government of Canada web-site ( http://www.

parl.gc.ca/36/2/parlbus/chambus/house/bills/government/C-22/C-22_1

/C-22TOCE.html ) for the complete (30 page) text of Bill C-22. ]

 

SRC