SOR/2002-184
What changed
Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations
Comparing →
27 modified 51 added
PART 1: Requirements To Report Transactions and To Keep Records
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Money Services Businesses and Foreign Money Services Businesses
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s. 32.1added on 2024-09-25
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(a)
to or from a person or entity referred to in section 5 of the Act, if the transport is carried out at the request of such a person or entity and the cash or virtual currency is of an amount that is not declared to the money services business and that they cannot readily determine;
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(b)
between the Bank of Canada and a person or entity in Canada; or
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(c)
between two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request.
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s. 35.1added on 2024-09-25
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(a)
to or from a person or entity referred to in section 5 of the Act, if the transport is carried out at the request of such a person or entity and the cash or virtual currency is of an amount that is not declared to the foreign money services business and that they cannot readily determine;
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(b)
between the Bank of Canada and a person or entity in Canada; or
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(c)
between two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request.
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s. 36
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(f.1)
subject to paragraphs (f.2) and (f.3), if, at the request of a person or entity, they transport $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments, a record of (i) the date and location of collection and delivery, (ii) the type and amount of cash, virtual currency or negotiable instruments transported, (iii) the name and address of the person or entity that made the request, the nature of their principal business or their occupation and, in the case of a person, their date of birth, (iv) the name and address, if known, of each beneficiary, (v) the number of every account that is affected by the transport, the type of account and the name of each account holder, (vi) every reference number that is connected to the transport and has a function equivalent to that of an account number, and (vii) the method of remittance;
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(i)
the date and location of collection and delivery,
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(ii)
the type and amount of cash, virtual currency or negotiable instruments transported,
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(iii)
the name and address of the person or entity that made the request, the nature of their principal business or their occupation and, in the case of a person, their date of birth,
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(iv)
the name and address, if known, of each beneficiary,
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(v)
the number of every account that is affected by the transport, the type of account and the name of each account holder,
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(vi)
every reference number that is connected to the transport and has a function equivalent to that of an account number, and
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(vii)
the method of remittance;
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(f.2)
subject to paragraph (f.3), if, at the request of a person or entity, they transport cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments in an amount that has not been declared and that they cannot readily determine, a record of (i) the date and location of collection and delivery, (ii) the type, if known, of cash, virtual currency or negotiable instruments transported, (iii) the name, address and telephone number of the person or entity that made the request, the nature of their principal business or their occupation and, in the case of a person, their date of birth, (iv) the name and address, if known, of each beneficiary, (v) the number of every account that is affected by the transport, the type of account and the name of each account holder, (vi) every reference number that is connected to the transport and has a function equivalent to that of an account number, (vii) the reason why the amount was not declared, and (viii) the method of remittance;
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(i)
the date and location of collection and delivery,
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(ii)
the type, if known, of cash, virtual currency or negotiable instruments transported,
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(iii)
the name, address and telephone number of the person or entity that made the request, the nature of their principal business or their occupation and, in the case of a person, their date of birth,
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(iv)
the name and address, if known, of each beneficiary,
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(v)
the number of every account that is affected by the transport, the type of account and the name of each account holder,
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(vi)
every reference number that is connected to the transport and has a function equivalent to that of an account number,
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(vii)
the reason why the amount was not declared, and
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(viii)
the method of remittance;
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(f.3)
if, at the request of an entity referred to in paragraph 5(a) or (b) of the Act, they transport cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments, a record of (i) the date and location of collection and delivery, (ii) the type and amount, if known, of cash, virtual currency or negotiable instruments transported, and (iii) the name, address and telephone number of the entity that made the request;
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(i)
the date and location of collection and delivery,
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(ii)
the type and amount, if known, of cash, virtual currency or negotiable instruments transported, and
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(iii)
the name, address and telephone number of the entity that made the request;
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Casinos
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s. 74
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(2)
A casino shall keep the following records in respect of every transaction that is conducted with it: (a) if the casino extends credit of $3,000 or more to a person or entity, a record of (i) the person’s or entity’s name and address, the nature of their principal business or their occupation and, in the case of a person, their date of birth, and (ii) the terms of the extension of credit, the date on which credit was extended and the amount of credit extended; (b) a foreign currency exchange transaction ticket in respect of every foreign currency exchange transaction; (c) if the casino initiates an electronic funds transfer of $1,000 or more at the request of a person or entity, a record of (i) the date on which the electronic funds transfer is initiated, (ii) the type and amount of each type of funds that is involved in the initiation, (iii) the person’s or entity’s name, address and telephone number, the nature of their principal business or their occupation and, in the case of a person, their date of birth, (iv) the exchange rates used and their source, (v) the name and address of each beneficiary, (vi) the number of every account that is affected by the initiation, the type of account and the name of each account holder, (vii) every reference number that is connected to the electronic funds transfer and has a function equivalent to that of an account number, and (viii) the number of every account that is affected by the electronic funds transfer, other than those referred to in subparagraph (vi); (d) if the casino sends an international electronic funds transfer of $1,000 or more that was initiated by another person or entity, a record of (i) the date on which the electronic funds transfer is sent, (ii) if the casino exchanges fiat currencies in the course of sending the electronic funds transfer, the type and amount of each fiat currency that is involved in the exchange, (iii) the exchange rates used and their source, (iv) the number of every account that is affected by the sending, the type of account and the name of each account holder, and (v) every reference number that is connected to the sending and has a function equivalent to that of an account number, (vi) the name, address and telephone number of the person or entity that requested the initiation of the electronic funds transfer, unless that information was not, despite the taking of reasonable measures, included with the transfer and is not otherwise known, and (vii) the name and address of each beneficiary, unless that information was not, despite the taking of reasonable measures, included with the transfer and is not otherwise known; (e) if the casino is the final recipient of an international electronic funds transfer of $1,000 or more, a record of (i) the date on which the electronic funds transfer is finally received, (ii) the type and amount of each type of funds that is involved in the final receipt, (iii) the name, address and telephone number of each beneficiary, the nature of their principal business or their occupation and, in the case of a person, their date of birth, (iv) the date of the remittance, (v) the exchange rates used for the remittance and their source, (vi) if the remittance is in funds, the type and amount of each type of funds involved, (vii) if the remittance is not in funds, the type of remittance and its value, if different from the amount of funds finally received, (viii) the number of every account that is affected by the final receipt or the remittance, the type of account and the name of each account holder, (ix) every reference number that is connected to the electronic funds transfer and has a function equivalent to that of an account number, (x) the name and address of the person or entity that requested the initiation of the electronic funds transfer, unless that information was not, despite the taking of reasonable measures, included with the transfer and is not otherwise known, and (xi) the number of every account that is affected by the electronic funds transfer, other than those referred to in subparagraph (viii); and (f) if the casino receives an amount of $3,000 or more from a person or entity
in a single transaction, a receipt of funds record in respect of that amount, unless that amount is received from a financial entity or public body or from a person who is acting on behalf of a client that is a financial entity or public body. -
(f)
if the casino receives an amount of $3,000 or more from a person or entity
in a single transaction, a receipt of funds record in respect of that amount, unless that amount is received from a financial entity or public body or from a person who is acting on behalf of a client that is a financial entity or public body.
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PART 2: Requirement To Verify Identity
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Money Services Businesses and Foreign Money Services Businesses
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s. 95
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(1)
A money services business — or a foreign money services business in connection with services that they provide in Canada — shall, in accordance with section 105, verify the identity of a person who (a) requests that they issue or redeem money orders, traveller’s cheques or similar negotiable instruments in an amount of $3,000 or more; (a.1) requests that they transmit an amount of $1,000 or more in funds, other than in the case of an electronic funds transfer; (b) requests that they initiate an electronic funds transfer of $1,000 or more; (c) requests that they exchange an amount of $3,000 or more in a foreign currency exchange transaction; (c.1) requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments; (d) requests that they transfer an amount of $1,000 or more in virtual currency; (e) requests that they exchange an amount of $1,000 or more in a virtual currency exchange transaction; (e.1) is a beneficiary of an amount of $1,000 or more in funds, to whom they make the remittance, other than in the case of an electronic funds transfer; (f) is a beneficiary of an international electronic funds transfer of $1,000 or more, or of a transfer of an amount of $1,000 or more in virtual currency, to whom they make the remittance; (g) is a person in respect of whom they are required to keep an information record under paragraph 36.1(a); or (h) donates an amount of $1,000 or more in funds or virtual currency using a crowdfunding platform that is provided and maintained by the money services business or foreign money services business.
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(c.1)added on 2024-09-25
requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments;
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(3)
A money services business — or foreign money services business in connection with services that they provide in Canada — shall, in accordance with section 109, verify the identity of a corporation (a) that requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments; (a.1) in respect of which they are required to keep an information record under paragraph 36.1(a); (b) in respect of which they are required to keep an information record under section 37; or (c) that donates an amount of $1,000 or more in funds or virtual currency using a crowdfunding platform that is provided and maintained by the money services business or foreign money services business.
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(a)
inthatrespectrequests that they transport an amount ofwhich$1,000theyoraremorerequiredintocashkeepor virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or aninformationamountrecordofunder$3,000paragraphor36.1(a)more in money orders, traveller’s cheques or other similar negotiable instruments; -
(a.1)added on 2024-09-25
in respect of which they are required to keep an information record under paragraph 36.1(a);
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(4)
A money services business — or foreign money services business in connection with services that they provide in Canada — shall, in accordance with section 112, verify the identity of an entity, other than a corporation, (a) that requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments; (a.1) in respect of which they are required to keep an information record under paragraph 36.1(a); (b) in respect of which they are required to keep an information record under section 37; or (c) that donates an amount of $1,000 or more in funds or virtual currency using a crowdfunding platform that is provided and maintained by the money services business or foreign money services business.
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(a)
inthatrespectrequests that they transport an amount ofwhich$1,000theyoraremorerequiredintocashkeepor virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or aninformationamountrecordofunder$3,000paragraphor36.1(a)more in money orders, traveller’s cheques or other similar negotiable instruments; -
(a.1)added on 2024-09-25
in respect of which they are required to keep an information record under paragraph 36.1(a);
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PART 3: Measures for Verifying Identity
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s. 105
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(7)
The identity shall be verified (a) in the cases referred to in section 84, subparagraphs 86(a)(iii) and 88(a)(iii), paragraphs 95(1)(a) to (f), 96(a), 97(1)(a), 100(a), 101(1)(a) and 102(a), subparagraphs 103(a)(iii) to (vii) and paragraph 104(a), at the time of the transaction; (b) subject to paragraph (j), in the cases referred to in subparagraphs 86(a)(i) and (ii) and paragraph 94(a), before the first transaction, other than an initial deposit, is carried out on the account; (c) in the case referred to in section 85, before the transaction or attempted transaction is reported under section 7 of the Act; (d) in the case referred to in paragraph 87(a), before any credit card issued on the account is activated; (e) in the case referred to in subparagraph 88(a)(i), before the prepaid payment product account is activated; (f) in the case referred to in subparagraph 88(a)(ii), before the first transaction is carried out by the authorized user on the prepaid payment product account; (g) in the cases referred to in paragraphs 89(a) and (d) and subparagraph 89(e)(i), within 15 days after the day on which the trust company becomes the trustee; (h) subject to paragraph (j), in the case referred to in paragraph 92(a), within 30 days after the day on which the information record is created; (h.01) in the case referred to in paragraph 95(1)(c.1), before the first transport of cash, virtual currency or negotiable instruments is carried out; (h.1) in the case referred to in paragraph 95(1)(g), at the time the information record is created; (h.2) in the case referred to in paragraph 95(1)(h), at the time of the donation; (i) in the cases referred to in subparagraphs 103(a)(i) and (ii), before any funds are disbursed; and (j) in the case of a group plan account, at the time a contribution in respect of a member of the group plan is made to the plan.
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(h.01)added on 2024-09-25
in the case referred to in paragraph 95(1)(c.1), before the first transport of cash, virtual currency or negotiable instruments is carried out;
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s. 109
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(4)
The corporation’s identity shall be verified (a) in the cases referred to in section 84 and subparagraph 88(b)(ii), at the time of the transaction; (b) in the case referred to in section 85, before the transaction or attempted transaction is reported under section 7 of the Act; (c) in the cases referred to in paragraphs 86(b) and 103(b), before the first transaction, other than the initial deposit, is carried out on the account; (d) in the case referred to in paragraph 87(b), before any credit card issued on the account is activated; (e) in the case referred to in subparagraph 88(b)(i), before the prepaid payment product account is activated; (f) in the cases referred to in paragraph 89(b) and subparagraph 89(e)(ii), within 15 days after the day on which the trust company becomes the trustee; (g) in the cases referred to in paragraphs 92(b), 95(3)(b) and 104(b), within 30 days after the day on which the information record is created; (h) in the case referred to in paragraph 94(b), within 30 days after the day on which the account is opened; (h.01) in the case referred to in paragraph 95(3)(a), before the first transport of cash, virtual currency or negotiable instruments is carried out; (h.1) in the case referred to in paragraph 95(3)(a.1), at the time the information record is created; (h.2) in the case referred to in paragraph 95(3)(c), at the time of the donation; and (i) in the cases referred to in paragraphs 96(b), 97(1)(b), 100(b), 101(1)(b) and 102(b), within 30 days after the day on which the transaction is conducted.
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(h.01)added on 2024-09-25
in the case referred to in paragraph 95(3)(a), before the first transport of cash, virtual currency or negotiable instruments is carried out;
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(h.1)
in the case referred to in paragraph 95(3)(a.1), at the time the information record is created;
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s. 111
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(1)
If a person or entity that is referred to in any of paragraphs 5(a) to (g) of the Act and that is required to verify a corporation’s identity in accordance with subsection 109(1) considers, based on an assessment of the risk referred to in subsection 9.6(2) of the Act, that there is a low risk of a money laundering offence or terrorist activity financing offence, they are deemed to comply with subsection 109(1) if (a) the corporation whose identity is to be verified (i) is an entity that is referred to in any of those paragraphs 5(a) to (g), (ii) is a foreign corporation that carries out activities that are similar to those of an entity that is referred to in any of those paragraphs, (iii) administers a pension or investment fund that is regulated under the legislation of a foreign state and that either is created by a foreign government or is subject to the supervision of a competent authority under the legislation of that foreign state, (iv) is one whose shares are traded on a Canadian stock exchange or a stock exchange designated under subsection 262(1) of the Income Tax Act, (v) is a subsidiary of a corporation that is referred to in any of subparagraphs (i) to (iv) or of an entity that is referred to in any of subparagraphs 114(1)(a)(i) to (iv) and is one whose financial statements are consolidated with the financial statements of that corporation or entity, (vi) is an institution or agency of, or is owned by, the government of a foreign state, or (vii) is a public service body, as defined in subsection 123(1) of the Excise Tax Act; (b) within the applicable time referred to in one of paragraphs 109(
54)(a) to (i), they are satisfied that the corporation exists and that every person who deals with them on behalf of the corporation is authorized by it to do so; and (c) they keep a record that sets out the grounds for considering that there is a low risk of a money laundering offence or terrorist activity financing offence and the information obtained about the corporation and the persons referred to in paragraph (b). -
(b)
within the applicable time referred to in one of paragraphs 109(
54)(a) to (i), they are satisfied that the corporation exists and that every person who deals with them on behalf of the corporation is authorized by it to do so; and
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s. 112
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(3)
The entity’s identity shall be verified (a) in the cases referred to in section 84 and subparagraph 88(c)(ii), at the time of the transaction; (b) in the case referred to in section 85, before the transaction or attempted transaction is reported under section 7 of the Act; (c) in the cases referred to in paragraphs 86(c) and 103(c), before the first transaction, other than the initial deposit, is carried out on the account; (d) in the case referred to in paragraph 87(c), before any credit card issued on the account is activated; (e) in the case referred to in subparagraph 88(c)(i), before the prepaid payment product account is activated; (f) in the cases referred to in paragraph 89(c) and subparagraph 89(e)(ii), within 15 days after the day on which the trust company becomes the trustee; (g) in the cases referred to in paragraphs 92(c), 95(4)(b) and 104(c), within 30 days after the day on which the information record is created; (h) in the case referred to in paragraph 94(c), within 30 days after the day on which the account is opened; (h.01) in the case referred to in paragraph 95(4)(a), before the first transport of cash, virtual currency or negotiable instruments is carried out; (h.1) in the case referred to in paragraph 95(4)(a.1), at the time the information record is created; (h.2) in the case referred to in paragraph 95(4)(c), at the time of the donation; and (i) in the cases referred to in paragraphs 96(c), 97(1)(c), 100(c), 101(1)(c) and 102(c), within 30 days after the day on which the transaction is conducted.
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(h.01)added on 2024-09-25
in the case referred to in paragraph 95(4)(a), before the first transport of cash, virtual currency or negotiable instruments is carried out;
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(h.1)
in the case referred to in paragraph 95(4)(a.1), at the time the information record is created;
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PART 4: Requirements with Respect to Persons Referred to in Subsection 9.3(1) of the Act
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Money Services Businesses and Foreign Money Services Businesses
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s. 120
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(1)
A money services business shall take reasonable measures to determine whether any of the following persons is a politically exposed foreign person, a politically exposed domestic person or a head of an international organization, or a family member — referred to in subsection 2(1) — of, or a person who is closely associated with, one of those persons: (a) a person who requests that the money services business initiate an international electronic funds transfer of $100,000 or more; (b) a beneficiary for whom the money services business finally receives an international electronic funds transfer of $100,000 or more; (b.1) a person who requests that the money services business transport an amount of $100,000 or more in cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments; (c) a person who requests that the money services business transfer virtual currency in an amount of $100,000 or more; (d) a beneficiary for whom the money services business receives virtual currency in an amount of $100,000 or more.
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(b.1)added on 2024-09-25
a person who requests that the money services business transport an amount of $100,000 or more in cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments;
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(2)
A foreign money services business shall take reasonable measures to determine whether any of the following persons is a politically exposed foreign person, a politically exposed domestic person or a head of an international organization, or a family member — referred to in subsection 2(1) — of, or a person who is closely associated with, one of those persons: (a) a person who requests that the foreign money services business initiate an international electronic funds transfer of $100,000 or more in the course of providing services in Canada; (b) a beneficiary for whom the foreign money services business finally receives an international electronic funds transfer of $100,000 or more in the course of providing services in Canada; (b.1) a person who requests that the foreign money services business transport an amount of $100,000 or more in cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments; (c) a person who requests that the foreign money services business transfer virtual currency in an amount of $100,000 or more in the course of providing services in Canada; (d) a beneficiary for whom the foreign money services business receives virtual currency in an amount of $100,000 or more in the course of providing services in Canada.
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(b.1)added on 2024-09-25
a person who requests that the foreign money services business transport an amount of $100,000 or more in cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments;
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Required Measures
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s. 122
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(1)
A financial entity, life insurance company, life insurance broker or agent, money services business, foreign money services business or casino that determines under subparagraph 116(1)(b)(i) or (iii), paragraph 117(a) or 120(1)(a) to (b.1) or (2)(a) to (b.1) or subsection 120.2(3) that a person is a politically exposed foreign person or a family member — referred to in subsection 2(1) — of, or a person who is closely associated with, such a person shall (a) take reasonable measures to establish the source of the funds or virtual currency used for the transaction and the source of the person’s wealth; and (b) ensure that a member of senior management reviews the transaction.
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PART 5: General Provisions
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Third-Party Determination
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s. 134
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(4)
Despite subsection (2), a person or entity that receives the cash or virtual currency from a person or entity referred to in subparagraph 5(h)(ii.1) or (h.1)(ii.1) of the Act and determines that the person or entity is acting on behalf of a third party shall, when they receive the cash or virtual currency, obtain the information referred to in subsection (2) from that person or entity and shall keep a record of that information.
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PART 6: Exceptions
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Transport of Cash, Virtual Currency or Negotiable Instruments
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s. 151.1added on 2024-09-25
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(1)
Paragraphs 4.1(d) and (e) and section 37 do not apply in respect of an agreement that applies only in respect of the transport of (a) cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments between (i) the Bank of Canada and a person or entity in Canada, (ii) two financial entities, or (iii) two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request; or (b) coins of the currency of Canada for the purposes of delivery in accordance with subsection 7(1) of the Royal Canadian Mint Act.
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(a)
cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments between (i) the Bank of Canada and a person or entity in Canada, (ii) two financial entities, or (iii) two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request; or
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(i)
the Bank of Canada and a person or entity in Canada,
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(ii)
two financial entities, or
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(iii)
two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request; or
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(b)
coins of the currency of Canada for the purposes of delivery in accordance with subsection 7(1) of the Royal Canadian Mint Act.
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(2)
Paragraphs 36(f.1) to (f.3), 95(1)(c.1), (3)(a) and (4)(a) and 120(1)(b.1) do not apply in respect of the transport of (a) cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments between (i) the Bank of Canada and a person or entity in Canada, (ii) two financial entities, or (iii) two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request; or (b) coins of the currency of Canada for the purposes of delivery in accordance with subsection 7(1) of the Royal Canadian Mint Act.
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(a)
cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments between (i) the Bank of Canada and a person or entity in Canada, (ii) two financial entities, or (iii) two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request; or
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(i)
the Bank of Canada and a person or entity in Canada,
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(ii)
two financial entities, or
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(iii)
two places of business of the same person or entity, if that person or entity is referred to in section 5 of the Act and the transport is carried out at their request; or
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(b)
coins of the currency of Canada for the purposes of delivery in accordance with subsection 7(1) of the Royal Canadian Mint Act.
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