Regulation · SOR/2001-317
Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations
Enabling Act · PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT
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s. 1.1
If a registered charity, as defined in subsection 248(1) of the Income Tax Act, conducts and manages, in a permanent establishment of a casino, a lottery scheme that includes games of roulette or card games for a period of not more than two consecutive days at a time and, in doing so, acts under the supervision of the government of a province that is referred to in paragraph 5(k) of the Act, or of an organization that is referred to in paragraph 5(k.2) of the Act, that conducts and manages such a lottery scheme in the same establishment, the lottery scheme that is conducted and managed by the registered charity is considered to be conducted and managed by the supervising government or organization.
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s. 1.2
[Repealed, SOR/2019-240, s. 2]
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s. 2
[Repealed, SOR/2019-240, s. 2]
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s. 2.1
[Repealed, SOR/2019-240, s. 2]
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s. 3
[Repealed, SOR/2019-240, s. 2]
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s. 4
[Repealed, SOR/2019-240, s. 2]
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s. 5
[Repealed, SOR/2019-240, s. 2]
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s. 6
[Repealed, SOR/2019-240, s. 2]
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s. 7
[Repealed, SOR/2019-240, s. 2]
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s. 7.1
[Repealed, SOR/2019-240, s. 2]
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s. 8
[Repealed, SOR/2019-240, s. 2]
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s. 9
▾ 2 subsections
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(1)
Subject to section 11, a report made under section 7 of the Act concerning a financial transaction or attempted financial transaction in respect of which there are reasonable grounds to suspect that the transaction or attempted transaction is related to the commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence shall contain the information set out in Schedule 1.
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(2)
The person or entity shall send the report to the Centre as soon as practicable after they have taken measures that enable them to establish that there are reasonable grounds to suspect that the transaction or attempted transaction is related to the commission of a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence.
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s. 11
▾ 5 subsections
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(1)
The requirement to report information set out in Schedule 1 or 2 does not apply in respect of information set out in an item of that Schedule that is not marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.
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(2)
In the case of an attempted transaction, the requirement to report information set out in Schedule 1 does not apply in respect of information set out in an item of that Schedule that is marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.
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(3)
The requirement to report information set out in Schedule 1 or 2 does not apply if the person or entity believes that taking the reasonable measures to obtain the information would inform a person or entity that conducts or attempts or proposes to conduct a transaction with them that the transaction and related information will be reported under section 7 or 7.1 of the Act.
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(4)
For greater certainty, although items in Schedules 1 and 2 are described in the singular, a person or entity shall report all known information that falls within an item.
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(5)
For greater certainty, a person or entity is not required to report information set out in any item of Schedule 1 or 2 that is not applicable in the circumstances.
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s. 12
A report shall be sent electronically in accordance with guidelines that are prepared by the Centre, if the sender has the technical capabilities to do so. If the sender does not have the technical capabilities to send the report electronically, the report shall be sent in paper format in accordance with guidelines that are prepared by the Centre.
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s. 12.1
▾ 3 subsections
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(1)
A person or entity that sends a report to the Centre shall keep a copy of the report for a period of at least five years after the day on which the report is sent.
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(2)
The copy of the report may be kept in a machine-readable or electronic form if a paper copy can be readily produced from it.
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(3)
For greater certainty, if the copy is the property of a person’s employer or of a person or entity with which the person is in a contractual relationship, the person is not required to keep it after the end of their employment or the contractual relationship.
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s. 12.2
[Repealed, SOR/2019-240, s. 4]
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s. 12.3
[Repealed, SOR/2019-240, s. 4]
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s. 13
The information that is prescribed as designated information for the purposes of paragraphs 55(7)(f), 55.1(3)(f) and 56.1(5)(f) of the Act is
▾ 3 subsections
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(a)
the following information concerning any person or entity that is involved in the transaction, attempted transaction, importation or exportation or any person or entity acting on their behalf:
▾ 10 paragraphs
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(i)
their address, telephone number and email address,
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(ii)
in the case of a person, their alias, date of birth and citizenship,
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(iii)
in the case of a person, the number of an identification document issued to them by the federal government or a provincial government or by a foreign government that is not a municipal government, other than a document that contains their social insurance number, the issuing authority and, if available, the jurisdiction and country of issue and expiry date of the identification document,
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(iii.1)
[Repealed, SOR/2019-240, s. 6]
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(iv)
in the case of an entity that is involved in the transaction, attempted transaction, importation or exportation, the date of its registration or incorporation, its registration or incorporation number and the jurisdiction and country of issue of that number,
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(v)
[Repealed, SOR/2019-240, s. 6]
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(vi)
[Repealed, SOR/2019-240, s. 6]
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(vii)
the name and address of any person or entity on whose behalf the financial transaction or attempted financial transaction is conducted or on whose behalf the importation or exportation is carried out, and
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(viii)
the telephone number of the place of business where the financial transaction or attempted financial transaction occurred;
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(ix)
[Repealed, SOR/2019-240, s. 6]
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(b)
in the case of a financial transaction or attempted financial transaction, the following information:
▾ 9 paragraphs
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(i)
every account number and transit number that is involved,
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(ii)
the name of each account holder,
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(iii)
the number of the transaction or attempted transaction and every other reference number that is connected to the transaction or attempted transaction,
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(iv)
the time of the transaction or attempted transaction,
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(v)
the type of transaction or attempted transaction,
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(vi)
the names of the parties to the transaction or attempted transaction,
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(vii)
the type of account,
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(viii)
the name and address of each person who is authorized to act in respect of the account, and
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(ix)
the type of report, as listed in paragraph 54(1)(a) of the Act, from which the information disclosed is compiled; and
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(c)
in the case of an importation or exportation of fiat currency or monetary instruments, the country from which they are being imported or the country to which they are being exported.
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