Marginalia

S.C. 2000, c. 17

What changed

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Comparing  → 

11 modified 32 added 3 removed 1 renumbered

PART 1: Record Keeping, Verifying Identity, Reporting of Suspicious Transactions and Registration ▾

Application ▾

  • s. 5

    Application of Part

    • (h)

      persons and entities that have a place of business in Canada and that are engaged in the business of providing at least one of the following services: (i) foreign exchange dealing, (ii) remitting funds or transmitting funds by any means or through any person, entity or electronic funds transfer network, (ii.1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments, (iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments, (iv) dealing in virtual currencies, (iv.1) in relation to a private automated banking machine, acquirer services, or (v) any prescribed service;

    • (iv)

      dealing in virtual currencies, or

    • (iv.1)
      added on 2025-11-04

      in relation to a private automated banking machine, acquirer services, or

    • (h.1)

      persons and entities that do not have a place of business in Canada, that are engaged in the business of providing at least one of the following services that is directed at persons or entities in Canada, and that provide those services to their clients in Canada: (i) foreign exchange dealing, (ii) remitting funds or transmitting funds by any means or through any person, entity or electronic funds transfer network, (ii.1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments, (iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments, (iv) dealing in virtual currencies, (iv.1) in relation to a private automated banking machine, acquirer services, or (v) any prescribed service;

    • (iv)

      dealing in virtual currencies, or

    • (iv.1)
      added on 2025-11-04

      in relation to a private automated banking machine, acquirer services, or

Reporting and Other Requirements ▾

  • s. 9.9

    Definition of agent or mandatary

    added on 2025-11-04

    In sections 9.91 to 9.93, agent or mandatary means an agent or mandatary acting on behalf of a person or entity referred to in paragraph 5(h) to provide any of the services referred to in that paragraph.

  • s. 9.91

    Agent or mandatary

    added on 2025-11-04
    • (a)

      not engage a person or entity who is referred to in any of paragraphs 11.11(1)(a) to (f) as an agent or mandatary; and

    • (b)

      cease engaging an agent or mandatary if they are a person or entity referred to in any of those paragraphs.

  • s. 9.92

    Duty to verify

    added on 2025-11-04
    • (a)

      before engaging an agent or mandatary, verify whether they are a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and

    • (b)

      within 30 days after the second anniversary of the most recent verification of an agent or mandatary under this section, verify whether the agent or mandatary, if they are acting on behalf of the person or entity on that anniversary, is a person or entity referred to in any of those paragraphs.

  • s. 9.93

    Agent or mandatary — criminal convictions

    added on 2025-11-04
    • (1)

      A person or entity referred to in paragraph 5(h) shall, in respect of an agent or mandatary, obtain and review the documents referred to in subsection (2) (a) before engaging the agent or mandatary; and (b) within 30 days after the second anniversary of the most recent review carried out in respect of the agent or mandatary under this subsection, if the agent or mandatary is acting on behalf of the person or entity on that anniversary.

    • (a)

      before engaging the agent or mandatary; and

    • (b)

      within 30 days after the second anniversary of the most recent review carried out in respect of the agent or mandatary under this subsection, if the agent or mandatary is acting on behalf of the person or entity on that anniversary.

    • (2)

      The documents to be obtained and reviewed are the following: (a) if the agent or mandatary is a person, a document that sets out their record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; or (b) if the agent or mandatary is an entity, for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides.

    • (a)

      if the agent or mandatary is a person, a document that sets out their record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides; or

    • (b)

      if the agent or mandatary is an entity, for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the document in — the jurisdiction in which the person resides.

    • (3)

      If any document referred to in this section is made in a language other than English or French, the person or entity shall also obtain and review a translation of it into one of those languages that is attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that is competent under the laws of that state to do so.

    • (4)

      The person or entity shall retain, for a prescribed period and in the prescribed manner, any document obtained under this section as well as any prescribed information.

Registration > Application and Revocation ▾

  • s. 11.12
    • (ii)
      deleted on 2025-11-04

      a document that sets out the person’s record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of the foreign state in which the person resides, and, if the document is made in a language other than English or French, a translation of it into one of those languages attested to by a person who is recognized as a certified translator by a provincial organization or body that is competent under provincial law to issue such certifications;

    • (i)
      deleted on 2025-11-04

      the name and address for service of an individual who resides in Canada and who is authorized to accept, on behalf of the entity, notices that are served or caused to be served by the Centre under this Act, and

    • (ii)
      deleted on 2025-11-04

      for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of the foreign state in which the person resides, and, if the document is made in a language other than English or French, a translation of it into one of those languages attested to by a person who is recognized as a certified translator by a provincial organization or body that is competent under provincial law to issue such certifications; and

    • (1)

      An application for registration shall be submitted to the Centre in the prescribed form and manner and shall include (a) a list of the applicant’s agents or mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h) or (h.1), in issuing or selling money orders to, or redeeming them from, the public if the applicant is a person or entity referred to in paragraph 5(l), or in any prescribed activities; (b) if the applicant is a person referred to in paragraph 5(h) or (h.1) (i) the name and address for service of an individual who resides in Canada and who is authorized to accept, on behalf of the person, notices that are served or caused to be served by the Centre under this Act, (ii) a document that sets out the person’s record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the foreigndocument statein — the jurisdiction in which the person resides, and, if the document is made in a language other than English or French, a translation of it into one of those languages attested to by a person who is recognized as a certified translator by a provincial organization or body that is competent under provincial law to issue such certifications; (c) if the applicant is an entity referred to in paragraph 5(h) or (h.1) (i) the name and address for service of an individual who resides in Canada and who is authorized to accept, on behalf of the entity, notices that are served or caused to be served by the Centre under this Act, and (ii) for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the foreigndocument statein — the jurisdiction in which the person resides, and,; (c.1) if the documentapplicant is madea person or entity referred to in aparagraph language other than English or French5(h.1), athe translationname and address for service of it into one of those languages attested to by a person who resides in Canada and who is recognizedauthorized asto aaccept, certifiedon translatorbehalf of the person or entity, notices that are served or caused to be served by athe provincialCentre organizationunder this Act; (c.2) if the applicant is an entity, the prescribed information in respect of the entity’s incorporation or body that is competent under provincial law to issue such certificationsformation; and (d) any prescribed information.

    • (b)

      if the applicant is a person referred to in paragraph 5(h) or (h.1) (i) the name and address for service of an individual who resides in Canada and who is authorized to accept, on behalf of the person, notices that are served or caused to be served by the Centre under this Act, (ii) a document that sets out the person’s record of criminal convictions, or states that the person does not have one, that is issued by a competent authority of — or an entity or authority that is competent to issue the foreigndocument statein — the jurisdiction in which the person resides, and, if the document is made in a language other than English or French, a translation of it into one of those languages attested to by a person who is recognized as a certified translator by a provincial organization or body that is competent under provincial law to issue such certifications;

    • (c)

      if the applicant is an entity referred to in paragraph 5(h) or (h.1) (i) the name and address for service of an individual who resides in Canada and who is authorized to accept, on behalf of the entity, notices that are served or caused to be served by the Centre under this Act, and (ii) for each of the chief executive officer, the president and the directors of the entity and for each person who owns or controls, directly or indirectly, 20% or more of the entity or the shares of the entity, a document that sets out the person’s record of criminal convictions, or states that the person does not have one, and that is issued by a competent authority of — or an entity or authority that is competent to issue the foreigndocument statein — the jurisdiction in which the person resides, and, if the document is made in a language other than English or French, a translation of it into one of those languages attested to by a person who is recognized as a certified translator by a provincial organization or body that is competent under provincial law to issue such certifications; and

    • (i)
      renumbered

      if the applicant is a person or entity referred to in paragraph 5(h.1), the name and address for service of ana individualperson who resides in Canada and who is authorized to accept, on behalf of the person or entity, notices that are served or caused to be served by the Centre under this Act,;

    • (c.2)
      added on 2025-11-04

      if the applicant is an entity, the prescribed information in respect of the entity’s incorporation or formation; and

    • (1.1)
      added on 2025-11-04

      If a document referred to in paragraph (1)(b) or (c) is made in a language other than English or French, the application shall include a translation of it into one of those languages attested to by a person who is recognized as a certified translator either by a provincial organization or body that is competent under provincial law to issue such certifications or by an organization or body in a foreign state that this competent under the laws of that state to do so.

  • s. 11.13

    Changes to information

    • (2)

      If the name or address for service of a person referred to in subparagraphparagraph 11.12(1)(b)(i) or (c)(i.1) changes, and an applicant or registered person or entity who is or was required to provide the information described in that paragraph 11.12(1)(b) or (c) does not, within the period providedreferred to in subsection (1), provide the Centre with the new name or address for service, the Centre shall without delay after becoming aware of that fact deny the application, or revoke the registration, as the case may be, and shall, without delay, inform the applicant or registered person or entity of the denial or revocation.

PART 5: Offences and Punishment ▾

  • s. 77.01

    Verifications and reviews — sections 9.92 and 9.93

    added on 2025-11-04
    • (a)

      on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, 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.

PART 6: Transitional Provisions, Consequential and Conditional Amendments, Repeal and Coming into Force ▾

Transitional Provisions ▾

  • s. 83.1

    Definitions

    added on 2025-11-04

    The following definitions apply in this section and in sections 83.2 and 83.3.

  • s. 83.2

    Agent or mandatary

    added on 2025-11-04
    • (1)

      A specified person or entity shall, no later than the second anniversary, (a) verify whether every agent or mandatary is a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and (b) obtain and review the documents referred to in subsection 9.93(2) in respect of every agent or mandatary.

    • (a)

      verify whether every agent or mandatary is a person or entity referred to in any of paragraphs 11.11(1)(a) to (f); and

    • (b)

      obtain and review the documents referred to in subsection 9.93(2) in respect of every agent or mandatary.

    • (2)

      The verification and review carried out under subsection (1) are deemed to be a verification carried out under section 9.92 and a review carried out under subsection 9.93(1), respectively.

  • s. 83.3

    Documents — registration

    added on 2025-11-04
    • (1)

      A specified person or entity that is registered with the Centre on the commencement day shall, in the prescribed form and manner, provide the Centre with the documents referred to in paragraph 11.12(1)(b) or (c) no later than the second anniversary.

    • (2)

      The obligation to provide a translation set out in subsection 11.12(1.1) applies with respect to those documents.