R.S., c. M-13; 2000, c. 8, s. 2
Payments in Lieu of Taxes ActSOR/99-333, s. 2
190. Schedule III to the Payments in Lieu of Taxes Act is amended by striking out the following:Enterprise Cape Breton CorporationSociété d’expansion du Cap-Breton1991, c. 30
Public Sector Compensation Act191. Schedule II to the Public Sector Compensation Act is amended by striking out the following:Enterprise Cape Breton CorporationSociété d’expansion du Cap-BretonRepealRepeal
192. The Enterprise Cape Breton Corporation Act, Part II of chapter 41 of the 4th Supplement to the Revised Statues of Canada, 1985, is repealed.Division 111990, c. 3
Museums ActAmendment to the Act193. Section 9 of the Museums Act is amended by adding the following after subsection (2):Support
(3) The Canadian Museum of History may support other museums or organizations that have a purpose that is complementary to its own by administering programs that(a) provide online content; and(b) support the development of online content, including by providing financial assist-ance.Transitional ProvisionsDefinitionsDefinitions
194. The following definitions apply in sections 195 to 204.“Minister”
« ministre »
“Minister” means the Minister of Canadian Heritage.“Museum”
« musée »
“Museum” means the Canadian Museum of History.Online Works of ReferenceDefinition of “program”
195. In sections 196 to 199, “program” means the program known as the “Online Works of Reference”.Responsibility for program transferred
196. On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum.Credits transferred
197. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program.Obligations, contracts and authorizations
198. On the day on which this section comes into force,(a) the Minister’s obligations that relate to the program are assumed by the Museum;(b) contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum;(c) permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and(d) permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum.Assets
199. On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum.Virtual Museum of CanadaDefinition of “program”
200. In sections 201 to 204, “program” means the program known as the “Virtual Museum of Canada”.Responsibility for program transferred
201. On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum.Credits transferred
202. Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program.Obligations, contracts and authorizations
203. On the day on which this section comes into force,(a) the Minister’s obligations that relate to the program are assumed by the Museum;(b) contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum;(c) permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and(d) permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum.Assets
204. On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum.Coming into ForceOrder in council
205. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.Division 121990, c. 4
Nordion and Theratronics Divestiture Authorization Act1994, c. 24, s. 34(2)(F)
206. The definitions “Nordion” and “Theratronics” in subsection 2(1) of the Nordion and Theratronics Divestiture Authorization Act are replaced by the following:“Nordion”
« Nordion »
“Nordion” means Nordion International Inc., a corporation incorporated under the Canada Business Corporations Act or any successor to that corporation;“Theratronics”
« Theratronics »
“Theratronics” means Theratronics International Limited, a corporation incorporated under the Canada Business Corporations Act or any successor to that corporation.207. (1) Subsection 6(3) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):(c) by any person if the acquisition of those shares by that person(i) is an investment that, under sections 21 to 23 of the Investment Canada Act, is, or is deemed, likely to be of net benefit to Canada, and(ii) is not prohibited under Part IV.1 of that Act.(2) Section 6 of the Act is amended by adding the following after subsection (3):Exception — subsequent holders
(3.1) No provision imposing constraints under subsection (1) and no regulation referred to in subsection (2) apply in respect of any voting shares of Nordion referred to in paragraph (3)(c) that are subsequently held by any other person.208. Section 7 of the Act is renumbered as subsection 7(1) and is amended by adding the following:Exception
(2) Subsection (1) does not apply if a person holds voting shares referred to in paragraph 6(3)(c) or subsection 6(3.1).209. The portion of section 8 of the Act before paragraph (a) is replaced by the following:Provisions applicable to Theratronics
8. Sections 5 to 7, with the exception of paragraph 6(3)(c) and subsections 6(3.1) and 7(2), apply to Theratronics as ifDivision 131991, c. 46
Bank Act210. The Bank Act is amended by adding the following after section 415.1:Derivatives — regulations
415.2 (1) The Governor in Council may make regulations respecting a bank’s activities in relation to derivatives.Definition of “derivative”
(2) In this section, “derivative” means an option, swap, futures contract, forward contract or other financial or commodity contract or instrument whose market price, value, delivery obligations, payment obligations or settlement obligations are derived from, referenced to or based on an underlying interest, including a price, rate, index, value, variable, event, probability or thing.Benchmarks — regulations
415.3 (1) The Governor in Council may make regulations respecting a bank’s activities in relation to benchmarks.Definition of “benchmark”
(2) In this section, “benchmark” means a price, estimate, rate, index or value that is(a) determined from time to time by reference to an assessment of one or more underlying interests;(b) made available to the public, either free of charge or on payment; and(c) used for reference for any purpose, including(i) determining the interest payable, or other sums that are due, under loan agreements or other financial contracts or instruments,(ii) determining the value of financial instruments or the price at which they may be bought or sold, and(iii) measuring the performance of financial instruments.Division 141991, c. 47
Insurance Companies Act211. (1) Subsection 237(2) of the Insurance Companies Act is amended by adding the following after paragraph (a):(a.01) respecting the process that precedes the calling of a special meeting under subsection (1.1), including the development of a conversion proposal, and respecting the calling of that meeting;(2) Paragraph 237(2)(c) of the Act is replaced by the following:(c) governing the ownership of shares issued by a mutual company that has been converted into a company with common shares, including limiting the circumstances in which the Minister may give approval under subsection 407(1);(3) Section 237 of the Act is amended by adding the following after subsection (2):Regulations made under paragraph (2)(a.01)
(2.1) Regulations made under paragraph (2)(a.01) may provide for court intervention in the process referred to in that paragraph, including the circumstances in which the court is to be seized of any matter in relation to that process, and may govern the court’s powers and procedures in that regard. They may also govern authorizations by the Superintendent in respect of notices to be sent in the context of that process.Division 15Regulatory Cooperation1993, c. 16
Motor Vehicle Safety Act212. The long title of the French version of the Motor Vehicle Safety Act is replaced by the following:Loi régissant la fabrication et l’importation des véhicules et équipements automobiles en vue de limiter les risques de mort, de blessures et de dommages matériels et environnementaux1999, c. 33, s. 350
213. (1) The definitions “national safety mark”, “standard” and “vehicle” in section 2 of the Act are replaced by the following:“national safety mark”
« marque nationale de sécurité »
“national safety mark” means a prescribed expression, symbol or abbreviation or any combination of them;“standard”
« norme »
“standard” means a standard that governs the design, manufacture, functioning or marking of vehicles or equipment for the purpose of reducing, directly or indirectly, the risk of death, injury or property damage from vehicle use, including a standard aimed at increasing the use of safety features by the public or facilitating the creation, recording or retrieval of information;“vehicle”
« véhicule »
“vehicle” means any vehicle that is designed to be, or is capable of being, driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle that is designed to run exclusively on rails.(2) The definition “fabrication” ou “construction” in section 2 of the French version of the Act is replaced by the following:« fabrication » ou « construction »
“manufacture”
« fabrication » ou « construction » S’agissant d’un véhicule, ensemble des opérations de réalisation de celui-ci y compris les modifications qui y sont apportées, jusqu’à sa vente au premier usager.214. Subsection 3(2) of the Act is replaced by the following:Use of marks
(2) A company authorized by the Minister, as provided for in the regulations, may apply a national safety mark to a vehicle or equipment, as provided for in the regulations.Provision of address
(2.1) The company shall provide the Minister with the address of the premises at which the national safety mark is to be applied.215. The heading before section 5 of the Act is replaced by the following:VEHICLE AND EQUIPMENT REQUIREMENTS216. (1) Paragraph 5(1)(b) of the Act is replaced by the following:(b) evidence of that conformity has been obtained and produced as provided for in the regulations or, if the regulations so provide, to the Minister’s satisfaction;(2) Paragraphs 5(1)(d) to (h) of the Act are replaced by the following:(d) prescribed information is marked on the vehicle or equipment as provided for in the regulations;(e) prescribed documentation or prescribed accessories accompany the vehicle or equipment as provided for in the regulations;(f) prescribed information relating to the operation of the vehicle or equipment is disseminated as provided for in the regulations;(g) records are maintained and furnished, as provided for in the regulations, in relation to the design, manufacture, testing and field performance of the vehicle or equipment, for the purpose of(i) enabling an inspector to determine whether the vehicle or equipment conforms to all requirements applicable to it, and(ii) facilitating the identification and anal-ysis of defects referred to in subsection 10(1); and(h) in the case of equipment, the company maintains, as provided for in the regulations, a registration system by which any person who has purchased equipment manufactured, imported or sold by the company and who wishes to be identified may be so identified.(3) Subsection 5(2) of the Act is repealed.217. (1) Paragraph 7(1)(a) of the Act is replaced by the following:(a) before the importation, the person importing the vehicle or equipment makes a declaration, as provided for in the regulations, that the vehicle or equipment(i) will be used in Canada solely for a prescribed purpose,(ii) will remain in Canada for a period of not more than one year or any other period that is specified by the Minister, and(iii) meets or will meet any other prescribed requirement; or(2) Paragraph 7(1)(b) of the Act is replaced by the following:(b) the vehicle or equipment is passing through Canada to another country or is exclusively for use by a visitor to Canada.(3) Section 7 of the Act is amended by adding the following after subsection (1):Export or destruction
(1.01) A person who imports a vehicle or equipment under paragraph (1)(a) shall, as provided for in the regulations, export or destroy the vehicle or equipment before the end of the period referred to in subparagraph (1)(a)(ii).Exception — donation
(1.02) Despite subsection (1.01), a person who imports a vehicle under paragraph (1)(a) may, with the Minister’s approval, donate it as provided for in the regulations.(4) Subsection 7(2) of the Act is replaced by the following:Vehicles from the United States or Mexico
(2) Sections 5 and 6 do not apply to the importation of a vehicle that has been sold at the retail level in the United States or that is a prescribed vehicle from Mexico if(a) the vehicle meets any prescribed requirements; and(b) the person importing the vehicle makes a declaration, as provided for in the regulations, that the vehicle will be, before being presented for registration by a province and within the prescribed period,(i) brought into compliance with any prescribed requirements, and(ii) certified, as provided for in the regulations, as compliant with the requirements referred to in subparagraph (i) by the person designated in the regulations.Importation for components
(2.1) Sections 5 and 6 do not apply to the importation of a vehicle that has been sold at the retail level in the United States or that is a prescribed vehicle from Mexico if the person importing the vehicle makes a declaration, as provided for in the regulations, that the vehicle(a) will not be presented for registration by a province;(b) will be registered, as provided for in the regulations, by the person designated in the regulations; and(c) will be dismantled for its components.(5) Subsection 7(4) of the Act is repealed.(6) Subsection 7(5) of the Act is replaced by the following:Declarations binding
(5) A person who makes a declaration under this section shall comply with the declaration.218. The Act is amended by adding the following after section 7:Analytical aids
8. A company that applies a national safety mark to any vehicle or equipment or that imports any vehicle or equipment of a class for which standards are prescribed shall, on the Minister’ request, provide the Minister with the means to retrieve and analyse information created or recorded by the vehicle or equipment.219. The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:Exemption from standards
9. (1) On application by a company as provided for in the regulations, the Governor in Council may, by order, grant an exemption for a specified period, in accordance with any conditions specified in the order, for any model of vehicle manufactured or imported by the company from conformity with any prescribed standard if conformity with that standard would, in the opinion of the Governor in Council,220. The heading before section 10 of the Act is replaced by the following:NOTICE OF DEFECT AND OF NON-COMPLIANCE221. (1) Subsections 10(1) to (4) of the Act are replaced by the following:Notice of defect
10. (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any defect in the design, manufacture or functioning of the vehicle or equipment that affects or is likely to affect the safety of any person to(a) the Minister, on becoming aware of the defect; and(b) the current owner and any other prescribed person, within the period provided for in the regulations.Notice already given
(2) A company is not required to give notice of a defect(a) for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment; or(b) for which a notice of non-compliance has been given under section 10.1.Subsequent notice
(2.1) If the Minister determines that a defect has not been corrected in an adequate number of vehicles or equipment for which notice was given under subsection (1), the Minister may, by order, require the company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the defect corrected. In making this determination, the Minister shall take into consideration, among other things,(a) the nature of the defect;(b) the safety risk arising from it; and(c) the total number of vehicles or equipment affected.Unknown owner
(3) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company,(a) the company shall give notice in any other manner that is acceptable to the Minister; or(b) the Minister may exempt the company from the requirement to give notice to the current owner.Power to order
(4) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give notice of a defect in the manner specified in the order, if the Minister considers that it is in the interest of safety.Statutory Instruments Act
(4.1) The Statutory Instruments Act does not apply to an order made under subsection (2.1) or (4).(2) Subsections 10(6) and (7) of the Act are repealed.222. The Act is amended by adding the following after section 10:Notice of non-compliance
10.1 (1) A company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed shall, as provided for in the regulations, give notice of any non-compliance of the vehicle or equipment with the regulations to(a) the Minister, on becoming aware of the non-compliance; and(b) the current owner and any other prescribed person, within the period provided for in the regulations.Notice already given
(2) A company is not required to give notice of any non-compliance for which notice has already been given by another company that manufactured, sold or imported the vehicle or equipment.Exception
(3) If the Minister determines that the non-compliance is inconsequential to safety, the company is not required to give notice under paragraph (1)(b).Subsequent notice
(4) If the Minister determines that a non-compliance has not been corrected in an adequate number of vehicles or equipment, the Minister may, by order, require a company to provide, in accordance with any conditions specified in the order, a subsequent notice to those persons who have not had the non-compliance corrected. In making this determination, the Minister shall take into consideration, among other things,(a) the nature of the non-compliance;(b) the safety risk arising from it; and(c) the total number of vehicles or equipment affected.Unknown owner
(5) If the Minister is satisfied that the current owner of a vehicle or equipment cannot reasonably be determined by a company(a) the company shall give notice in any other manner that is acceptable to the Minister; or(b) the Minister may exempt the company from the requirement to give notice to the current owner.Particulars to provincial authorities
(6) On receiving a notice under subsection (1), the Minister shall forward full particulars of it to the minister or other officer who is responsible for motor vehicle administration in each province.Power to order
(7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified by the Minister, if the Minister considers that it is in the interest of safety.Statutory Instruments Act
(8) The Statutory Instruments Act does not apply to an order made under subsection (4) or (7).Follow-up reports
10.2 A company that gives notice to the Minister shall submit reports to the Minister as provided for in the regulations.Make information available
10.3 A company that gives notice to the Minister in respect of a vehicle shall, as provided for in regulations, make information available for the vehicle in respect of which the notice was given.223. (1) Subsection 11(1) of the Act is replaced by the following:Regulations
11. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations(a) respecting the keeping of records and the provision of information to the Minister; and(b) prescribing or providing for anything that by this Act is to be prescribed or provided for by the regulations.(2) Subsections 11(3) and (4) of the Act are replaced by the following:Incorporation by reference
(3) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date,(a) a document produced by a person or body other than the Minister; or(b) a technical or explanatory document produced by the Minister including specifications, classifications, illustrations, graphs, test methods, procedures, operational standards and performance standards.No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.224. Section 12 of the Act is replaced by the following:Definition of “technical standards document”
12. (1) In this section, “technical standards document” means a document that is published by the Minister, as provided for in the regulations, that adapts, or that reproduces in whole or in part in the official languages of Canada, an enactment of a foreign government or material produced by an international organization. The adaptations may include amendments to the content of the originating enactment or material.Incorporation of document
(2) Regulations made under this Act may, in whole or in part, incorporate by reference a technical standards document as it is amended from time to time or as it exists on a particular date.No registration or publication
(3) For greater certainty, a technical stand-ards document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.For greater certainty
12.1 For greater certainty, subsections 11(3) and 12(2) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.225. Section 14 of the Act is amended by adding the following after subsection (2):Testimony — civil suits
(3) An inspector may not be compelled to give testimony in any civil suit, with regard to information obtained by them in the discharge of their duties, without the Minister’s written permission.226. Paragraph 15(1)(a) of the Act is replaced by the following:(a) any vehicle or equipment of a class for which standards have been prescribed that is owned by, or is on the premises of, a company or a consignee of imported vehicles or imported equipment;2011, c. 24, s. 186
227. Subsections 17(1) and (2) of the Act are replaced by the following:Offence and punishment
17. (1) Every corporation or company that contravenes this Act, the regulations or an order(a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $200,000; or(b) is guilty of an indictable offence and is liable to a fine of not more than $2 million.Offence and punishment
(2) Every individual who contravenes this Act, the regulations or an order(a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $4,000 or to imprisonment for a term of not more than six months, or to both; or(b) is guilty of an indictable offence and is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than two years, or to both.228. The heading before section 20 of the Act is replaced by the following:RESEARCH, ANALYSIS, TESTING AND FEES229. (1) Paragraph 20(1)(a) of the Act is replaced by the following:(a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act;(2) Subsection 20(1) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:(e) collect any information related to vehicles or equipment that the Minister considers to be in the public interest; and(f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section.(3) Section 20 of the Act is amended by adding the following after subsection (1):Personal information
(1.1) For the purposes of paragraphs (1)(a), (b) and (e), the Minister may collect personal information, as defined in section 3 of the Privacy Act, including personal information from third parties.230. Schedule II to the Act is repealed.R.S., c. 32 (4th Supp.)
Railway Safety Act2012, c. 19, s. 485
231. Section 50 of the Railway Safety Act and the heading before it are repealed.1992, c. 34
Transportation of Dangerous Goods Act, 19922009, c. 9, ss. 29(1) and (2)(F)
232. Subsections 30(1) and (2) of the Transportation of Dangerous Goods Act, 1992 are repealed.2011, c. 1
Ensuring Safe Vehicles Imported From Mexico For Canadians Act233. Sections 2 and 3 of the Ensuring Safe Vehicles Imported from Mexico for Canadians Act are repealed.2012, c. 24
Safe Food for Canadians Act234. (1) Subsection 51(1) of the Safe Food for Canadians Act is amended by adding the following after paragraph (e):(e.1) respecting or prohibiting the purchasing or receiving of any fresh fruit or vegetable that is imported or that is sent or conveyed from one province to another;(2) Section 51 of the Act is amended by adding the following after subsection (2):Paragraphs (1)(d) to (e.1)
(2.1) Regulations made under paragraph (1)(d), (e) or (e.1) in respect of any fresh fruit or vegetable may, among other things, require a person to be a member of an entity or organization specified in the regulations.235. The headings before section 60 and sections 60 to 67 of the Act are repealed.236. Section 86 of the Act is replaced by the following:1990, c. 8, s. 8
86. (1) Paragraph 28(1)(a) of the Federal Courts Act is repealed.1990, c. 8, s. 8
(2) Paragraph 28(1)(b) of the Act is replaced by the following:(b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;Coordinating Amendments2012, c. 24
237. (1) In this section, “other Act” means the Safe Food for Canadians Act.(2) If section 86 of the other Act comes into force before section 236 of this Act, then on the day on which that section 236 comes into force, paragraph 28(1)(a) of the Federal Courts Act is repealed.(3) If section 236 of this Act comes into force on the same day as section 86 of the other Act, then that section 236 is deemed to have come into force before that section 86.Coming into ForceOrder in council
238. Section 213, subsections 217(1), (3), (4) and (6) and sections 220 to 222 and 230 come into force on a day or days to be fixed by order of the Governor in Council.Division 161993, c. 38
Telecommunications ActAmendments to the Act239. (1) Subsection 27(3) of the Telecommunications Act is replaced by the following:Questions of fact
(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25, 27.1 or 29, or with any decision made under section 24, 25, 29, 34 or 40.(2) Subsection 27(3) of the Act is replaced by the following:Questions of fact
(3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25 or 29, or with any decision made under section 24, 25, 29, 34 or 40.240. (1) The Act is amended by adding the following after section 27:RoamingRoaming cap — wireless voice calls
27.1 (1) The amount charged during a year by a Canadian carrier to a second Canadian carrier for roaming services with respect to the transmission of all domestic wireless voice calls and the domestic portion of all international wireless voice calls shall not exceed the amount determined by the formulaA/BwhereAis the first Canadian carrier’s total retail revenues from the provision of wireless voice call services to its Canadian subscrib-ers, for calls both originating and terminating in Canada, for the preceding year; andBis the number of minutes provided for those calls for the preceding year.Roaming cap — wireless data
(2) The amount charged during a year by a Canadian carrier to a second Canadian carrier for roaming services with respect to the transmission of wireless data in Canada shall not exceed the amount determined by the formulaA/BwhereAis the first Canadian carrier’s total retail revenues from the provision of wireless data services in Canada to its Canadian subscrib-ers for the preceding year; andBis the number of megabytes provided for those data services for the preceding year.Roaming cap — text messages
(3) The amount charged during a year by a Canadian carrier to a second Canadian carrier for roaming services with respect to the transmission of all domestic wireless text messages and the domestic portion of all international wireless text messages shall not exceed the amount determined by the formulaA/BwhereAis the first Canadian carrier’s total retail revenues from the provision of wireless text message services to its Canadian subscribers, for text messages both originating and terminating in Canada, for the preceding year; andBis the number of those text messages for the preceding year.No additional charge
(4) The Canadian carrier shall not charge the second Canadian carrier any other amount in relation to the provision of the roaming services referred to in subsections (1) to (3).Inconsistency
(5) The amount established by the Commission that a Canadian carrier can charge to a second Canadian carrier for roaming services prevails over an amount determined under any of subsections (1) to (3) to the extent of any inconsistency.(2) Section 27.1 of the Act is repealed.Coming into ForceOrder in council
241. Subsections 239(2) and 240(2) come into force on a day to be fixed by order of the Governor in Council.Division 17Sickness BenefitsR.S., c. L-2
Canada Labour Code2003, c. 15, s. 27
242. Subsection 206.3(6) of the Canada Labour Code is repealed.243. The Act is amended by adding the following after section 207:Minimum periods of leave
207.01 Subject to the regulations, a leave of absence under any of sections 206.3 to 206.5 may only be taken in one or more periods of not less than one week’s duration.Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).Resumption
(2) The interrupted leave resumes immediately after the interruption ends.Exception — sick leave
(3) Except to the extent that it is inconsistent with subsection 239(1.1), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).Exception — work-related illness or injury
(4) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.1(1).2012, c. 27, s. 7
244. Section 207.1 of the Act is replaced by the following:Notice to employer — interruption of leave
207.1 (1) An employee who intends to interrupt their leave under subsection 206.1(2.4) or 207.02(1) shall provide the employer with a notice in writing of the interruption before or as soon as possible after it begins.Notice to employer — resumption of leave
(2) The employee shall provide the employer with a notice in writing of the day on which they resume their leave before or as soon as possible after that day.2012, c. 27, s. 8
245. (1) Subsection 207.3(1) of the Act is replaced by the following:Notice to employer of leave
207.3 (1) Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.5 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.2012, c. 27, s. 8
(2) Subsection 207.3(2) of the English version of the Act is replaced by the following:Notice of change in length of leave
(2) Every employee who is on a leave of absence from employment under any of sections 206.3 to 206.5 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.2012, c. 27, s. 8
(3) Subsections 207.3(3) to (5) of the Act are replaced by the following:Leave of more than four weeks
(3) If the length of the leave taken under section 206.4 or 206.5 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.Documentation
(4) The employer may require the employee to provide documentation in support of the reasons for the leave taken under section 206.4 or 206.5 and of any change in the length of leave that the employee intends to take.Return to work postponed
(5) If an employee who takes a leave of more than four weeks under section 206.4 or 206.5 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, then the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.246. Section 209.4 of the Act is amended by adding the following after paragraph (a.1):(a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.3 to 206.5;1996, c. 23
Employment Insurance Act2012, c. 27, s. 15
247. Subsection 18(2) of the Employment Insurance Act is replaced by the following:Exception
(2) A claimant to whom benefits are payable under any of sections 23 to 23.2 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine.2012, c. 27, s. 21(1)
248. Subsection 152.03(1.1) of the Act is replaced by the following:Exception
(1.1) A self-employed person to whom benefits are payable under any of sections 152.05 to 152.061 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine.249. Subsection 152.09(2) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):(e) providing care or support to one or more critically ill children of the self-employed person.Transitional ProvisionIllness, injury or quarantine
250. Subsections 18(2) and 152.03(1.1) of the Employment Insurance Act, as enacted by sections 247 and 248, apply only to claims for benefits because of illness, injury or quarantine that are made for weeks that begin on or after the day on which sections 247 and 248 come into force.Coming into ForceOrder in council
251. This Division, other than section 249, comes into force on a day to be fixed by order of the Governor in Council.Division 181997, c. 6
Canadian Food Inspection Agency ActAmendment to the Act252. The Canadian Food Inspection Agency Act is amended by adding the following after section 25:User Fees Act
25.1 The User Fees Act does not apply to a fee fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or to a fee fixed under section 25 in respect of products, rights and privileges provided by the Agency under that Act.Coming into Force2012, c. 24 or royal assent
253. This Division comes into force on the day on which section 103 of the Safe Food for Canadians Act comes into force or, if it is later, on the day on which this Act receives royal assent.Division 19Money Laundering and Terrorist Financing2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act254. The definition “officer” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.255. Subparagraph 3(a)(iii) of the Act is replaced by the following:(iii) establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information;2006, c. 12, s. 3(1)
256. (1) Paragraph 5(g) of the Act is replaced by the following:(g) persons and entities authorized under provincial legislation to engage in the business of dealing in securities or any other financial instruments or to provide portfolio management or investment advising services, other than persons who act exclusively on behalf of such an authorized person or entity;2006, c. 12, s. 3(1)
(2) Paragraph 5(h) of the Act is replaced by the following:(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,(iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity,(iv) dealing in virtual currencies, as defined in the regulations, or(v) any service described in regulations made under paragraph 73(1)(a);(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 customers 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,(iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity,(iv) dealing in virtual currencies, as defined in the regulations, or(v) any service described in regulations made under paragraph 73(1)(a);(3) Paragraph 5(k) of the Act is replaced by the following:(k) the government of a province that, in accordance with paragraph 207(1)(a) of the Criminal Code,(i) in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games, or(ii) in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 198(3) of the Criminal Code, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment;(k.1) the government of a province that, in accordance with paragraph 207(1)(a) of the Criminal Code, conducts and manages a lottery scheme, other than bingo or the sale of lottery tickets, that is accessible to the public through the Internet or other digital network, except if the network is an internal network within an establishment described in subparagraph (k)(ii);(k.2) an organization that, in accordance with paragraph 207(1)(b) of the Criminal Code, in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games, unless the organization is a registered charity, as defined in subsection 248(1) of the Income Tax Act, and the lottery scheme is conducted or managed for a period of not more than two consecutive days at a time;(k.3) the board of a fair or of an exhibition, or the operator of a concession leased by such a board, that, in accordance with paragraph 207(1)(c) of the Criminal Code, in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games;257. The Act is amended by adding the following after section 5:Clarification
5.1 For greater certainty, this Part does not apply to persons or entities referred to in paragraph 5(h.1) in respect of the services they provide to persons or entities outside Canada.2006, c. 12, s. 8
258. Section 9.3 of the Act is replaced by the following:Politically exposed persons
9.3 (1) Every person or entity that is referred to in section 5 and that is prescribed shall determine, in the prescribed circumstances and in accordance with the regulations, whether it is dealing with(a) a politically exposed foreign person, a prescribed family member of a politically exposed foreign person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed foreign person;(b) a politically exposed domestic person, a prescribed family member of a politically exposed domestic person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed domestic person; or(c) the head of an international organization, a prescribed family member of the head of an international organization, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with the head of an international organization.Measures — politically exposed foreign persons
(2) If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall obtain the approval of senior management in the prescribed circumstances and take the prescribed measures.Measures — other persons
(2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that the person poses a high risk of committing a money laundering offence or a terrorist activity financing offence, the person or entity shall obtain the approval of senior management in the prescribed circumstances and take the prescribed measures.Definitions
(3) The following definitions apply in this section.“head of an international organization”
« dirigeant d’une organisation internationale »
“head of an international organization” means the head of an international organization that is established by the governments of states or the head of an institution of any such organization.“politically exposed domestic person”
« national politiquement vulnérable »
“politically exposed domestic person” means a person who, at a given time, holds — or has held within a prescribed period before that time — one of the offices or positions referred to in any of paragraphs (a) to (j) in or on behalf of the federal government or a provincial government or the office or position referred to in paragraph (k) in a municipal government: (a) Governor General, lieutenant governor or head of government;(b) member of the Senate or House of Commons or member of a legislature;(c) deputy minister or equivalent rank;(d) ambassador, or attaché or counsellor of an ambassador;(e) military officer with a rank of general or above;(f) president of a corporation that is wholly owned directly by Her Majesty in right of Canada or a province;(g) head of a government agency;(h) judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada;(i) leader or president of a political party represented in a legislature;(j) holder of any prescribed office or position; or(k) mayor.“politically exposed foreign person”
« étranger politiquement vulnérable »
“politically exposed foreign person” means a person who holds or has held one of the following offices or positions in or on behalf of a foreign state:(a) head of state or head of government;(b) member of the executive council of government or member of a legislature;(c) deputy minister or equivalent rank;(d) ambassador, or attaché or counsellor of an ambassador;(e) military officer with a rank of general or above;(f) president of a state-owned company or a state-owned bank;(g) head of a government agency;(h) judge of a supreme court, constitutional court or other court of last resort;(i) leader or president of a political party represented in a legislature; or(j) holder of any prescribed office or position.Prohibition if unregistered
9.31 (1) No entity referred to in paragraph 5(a), (b), (d) or (e) and no other entity that is referred to in section 5 and that is prescribed shall open or maintain an account for, or have a correspondent banking relationship with, a person or entity referred to in paragraph 5(h.1) unless that person or entity is registered with the Centre under section 11.1.Definition of “correspondent banking relationship”
(2) For the purposes of this section, “correspondent banking relationship” means a relationship created by an agreement or arrangement under which an entity referred to in paragraph 5(a), (b), (d) or (e) or an entity that is referred to in section 5 and that is prescribed undertakes to provide to a person or entity referred to in paragraph 5(h.1) services such as international electronic funds transfers, cash management, cheque clearing and any prescribed services.2006, c. 12, s. 8
259. Subsection 9.4(2) of the Act is replaced by the following:Prohibition — shell bank
(2) No person or entity shall have a correspondent banking relationship with a shell bank as defined in the regulations.2010, c. 12, s. 1866
260. Sections 9.7 and 9.8 of the Act are replaced by the following:Foreign branches and subsidiaries
9.7 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall, in respect of its foreign branches, and in respect of its foreign subsidiaries that carry out activities similar to those of entities referred to in those paragraphs and that are either wholly-owned by the entity or have financial statements that are consolidated with those of the entity, develop policies that establish requirements similar to the requirements of sections 6, 6.1 and 9.6 and ensure that those branches and subsidiaries apply those policies to the extent it is permitted by, and does not conflict with, the laws of the country in which the branch or subsidiary is located.Board approval of policies
(2) Before the policies referred to in subsection (1) are applied, the entity’s board of directors, if there is one, shall approve them.Exceptions
(3) Subsection (1) does not apply to(a) an entity that is a subsidiary of an entity to which that subsection applies; or(b) an entity that is a subsidiary of a foreign entity that has developed policies that establish requirements for its subsidiaries that are similar to the requirements of sections 6, 6.1 and 9.6, if that subsidiary is applying those policies to the extent it is permitted by, and do not conflict with, the laws of Canada or a province.Records and reporting
(4) If the application by a foreign branch or a foreign subsidiary of a policy referred to in subsection (1) is not permitted by or would conflict with the laws of the country in which the branch or subsidiary is located, the entity shall keep and retain, in accordance with section 6, a record of that fact and of the reasons why it is not permitted or it would conflict, and shall, within a reasonable time, notify the Centre, and the principal agency or body that supervises or regulates it under federal or provincial law, of that fact and those reasons.Information exchange between affiliated entities
9.8 (1) Every entity referred to in any of paragraphs 5(a) to (g) that is affiliated with an entity referred to in those paragraphs or with a foreign entity that carries out activities similar to those of entities referred to in those paragraphs shall develop and apply policies and procedures related to the exchange of information between the entity and those affiliated entities for the purpose of detecting or deterring a money laundering offence or a terrorist activity financ-ing offence or of assessing the risk of such an offence.Affiliation
(2) For the purposes of subsection (1), an entity is affiliated with another entity if one of them is wholly owned by the other, if both are wholly owned by the same entity or if their financial statements are consolidated.2006, c. 12, s. 10
261. Section 11.1 of the Act is replaced by the following:Registration requirement
11.1 Except as otherwise provided in the regulations, every person or entity referred to in paragraph 5(h) or (h.1), those referred to in paragraph 5(l) that sell money orders to the public, and every other person or entity that is referred to in section 5 and that is prescribed must be registered with the Centre in accord-ance with this section and sections 11.11 to 11.2.2006, c. 12, s. 11
262. (1) Subparagraphs 11.11(1)(c)(i) to (iv) of the Act are replaced by the following:(i) a money laundering offence, or an offence under the laws of a foreign country that is substantially similar to a money laundering offence,(ii) a terrorist activity financing offence, or an offence under the laws of a foreign country that is substantially similar to a terrorist activity financing offence,(iii) an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 when convicted on indictment, or an offence under the laws of a foreign country that is substantially similar to an offence under either Act,(iv) an offence under any of sections 83.18 to 83.231, 354 or 467.11 to 467.13 of the Criminal Code, or an offence under the laws of a foreign country that is substantially similar to such an offence, or2006, c. 12, s. 11
(2) Paragraphs 11.11(1)(d) and (e) of the Act are replaced by the following:(d) a person or entity that has been convicted on indictment or convicted more than once for an offence under any of the following, or that has been convicted of an offence under the laws of a foreign country that is substantially similar to an offence under any of the following:(i) Part X of the Criminal Code,(ii) the Controlled Drugs and Substances Act, except for the offence under subsection 4(1) of that Act,(iii) section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as that section read immediately before May 14, 1997, or(iv) section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, as that section read immediately before May 14, 1997;(e) an entity that is a corporation in respect of which a director, the chief executive officer, the president or a person who owns or controls, directly or indirectly, 20% or more of the shares has been convicted on indictment of an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 or has been convicted of an offence under the laws of a foreign country that is substantially similar to an offence under either Act;
(3) Subsection 11.11(1) of the Act is amended by adding the following after paragraph (e):(e.1) a person or entity referred to in paragraph 5(h.1) that, having committed a violation, or a series of minor violations, under this Act that is classified as a serious violation or a very serious violation and being liable to a penalty for it, and 30 days having elapsed since the day on which all proceedings in respect of the violation are ended, has still not paid the penalty together with any interest imposed under section 73.28; or2006, c. 12, s. 11
263. Subsection 11.12(1) of the Act is replaced by the following:Application for registration
11.12 (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, mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h) or (h.1), in selling money orders to 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.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 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;(c) if the applicant is an entity referred to in paragraph 5(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 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(d) any prescribed information.2006, c. 12, s. 11
264. Section 11.13 of the Act is renumbered as subsection 11.13(1) and is amended by adding the following:Denial or revocation
(2) If the name or address for service of a person referred to in subparagraph 11.12(1)(b)(i) or (c)(i) changes, and an applicant or registered person or entity who is or was required to provide the information described in paragraph 11.12(1)(b) or (c) does not, within the period provided 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.2006, c. 12, s. 11
265. Subsection 11.14(1) of the Act is replaced by the following:Clarifications — applicant
11.14 (1) An applicant shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in subsection 11.12(1) within 30 days after the day on which the request is made.2006, c. 12, s. 11
266. Subsection 11.17(1) of the Act is replaced by the following:Clarifications — registrant
11.17 (1) A registered person or entity shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in subsection 11.12(1) within 30 days after the day on which the request is made.2010, c. 12, s. 1869
267. Section 11.41 of the Act is replaced by the following:Definitions
11.41 The following definitions apply in this Part.“foreign entity”
« entité étrangère »
“foreign entity” means an entity, other than an entity referred to in section 5, that is incorporated or formed by or under the laws of a country other than Canada, including its subsidiaries, if any, and that does not carry on business in Canada, if it carries out activities similar to those of entities referred to in any of paragraphs 5(a) to (g) or activities referred to in paragraph 5(h) or (h.1).“foreign state”
« État étranger »
“foreign state” means a country other than Canada and includes any political subdivision or territory of a foreign state. 2010, c. 12, s. 1869
268. (1) Subsection 11.42(1) of the Act is replaced by the following:Minister’s written directive
11.42 (1) In addition to any other measure required by this Act, the Minister may, by written directive, require any person or entity referred to in section 5 to take, in order to safeguard the integrity of Canada’s financial system, any measure specified in the directive with respect to any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state or foreign entity, that occurs or is attempted in the course of their activities, or with respect to any activity that is related to any such financial transaction or class of financial transactions.(2) Section 11.42 of the Act is amended by adding the following after subsection (2):Non-application to legal counsel
(2.1) A requirement in a directive to take a reporting measure as contemplated by paragraph (2)(e) does not apply to persons or entities referred to in paragraph 5(i) or (j) who are, as the case may be, legal counsel or legal firms, when they are providing legal services.2010, c. 12, s. 1869
269. Sections 11.44 and 11.45 of the Act are replaced by the following:Foreign branches and subsidiaries
11.44 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that its foreign branches, and that its foreign subsidiaries that carry out activities similar to those of entities referred to in those paragraphs and that are either wholly-owned by the entity or have financial statements that are consolidated with those of the entity, comply with any directive issued under this Part, except with respect to any reporting measure as contemplated by paragraph 11.42(2)(e), to the extent it is permitted by, and does not conflict with, the laws of the country in which the branch or subsidiary is located.Records and reporting
(2) If compliance with a directive by a branch or a subsidiary is not permitted by or would conflict with the laws of the country in which the branch or subsidiary is located, the entity shall keep and retain, in accordance with section 6, a record of that fact and of the reasons why it is not permitted or it would conflict, and shall, within a reasonable time, notify the Centre, and the principal agency or body that supervises or regulates it under federal or provincial law, of that fact and those reasons.2010, c. 12, s. 1869
270. Section 11.6 of the Act is replaced by the following:Foreign branches
11.6 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of section 2 of the Insurance Companies Act, shall ensure that its foreign branches comply with any regulation made under subsection 11.49(1) to the extent it is permitted by, and does not conflict with, the laws of the country in which the branch is located.271. The Act is amended by adding the following before the heading “Reporting” before section 12:InterpretationDefinition of “officer”
11.8 In this Part, “officer” has the same meaning as in subsection 2(1) of the Customs Act.272. Subsections 12(4) and (5) of the Act are replaced by the following:Duty to answer and comply
(4) Every person arriving in or departing from Canada shall(a) answer truthfully any questions asked by the officer in the performance of the officer’s duties and functions under this Part; and(b) if the person is arriving in or departing from Canada with any currency or monetary instruments in respect of which a report is made, on request of an officer, present the currency or monetary instruments that they are carrying or transporting, unload any conveyance or part of a conveyance or baggage and open or unpack any package or container that the officer wishes to examine.Sending reports to Centre
(5) The Canada Border Services Agency shall send the reports they receive under subsection (1) to the Centre. It shall also create an electronic version of the information contained in each report, in the format specified by the Centre, and send it to the Centre by the electronic means specified by the Centre.2006, c. 12, s. 14
273. The portion of subsection 24.1(1) of the Act before paragraph (a) is replaced by the following:Corrective measures
24.1 (1) The Minister, or any officer delegated by the President for the purposes of this section, may, within 90 days after a seizure made under subsection 18(1) or an assessment of a penalty referred to in subsection 18(2),2001, c. 41, s. 61
274. Section 25 of the Act is replaced by the following:Request for Minister’s decision
25. A person from whom currency or monetary instruments were seized under section 18, or the lawful owner of the currency or monetary instruments, may, within 90 days after the date of the seizure, request a decision of the Minister as to whether subsection 12(1) was contravened, by giving notice to the Minister in writing or by any other means satisfactory to the Minister.Extension of time by Minister
25.1 (1) If no request for a decision of the Minister is made under section 25 within the period provided in that section, the person or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request.Reasons
(2) An application shall set out the reasons why the request was not made on time.Burden of proof
(3) The burden of proof that an application has been made under subsection (1) lies on the person or lawful owner claiming to have made it.Notice of decision
(4) The Minister shall, without delay after making a decision in respect of an application, notify the applicant in writing of the decision.Conditions for granting application
(5) The application is not to be granted unless(a) it is made within one year after the end of the period provided in section 25; and(b) the applicant demonstrates that(i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,(ii) it would be just and equitable to grant the application, and(iii) the application was made as soon as circumstances permitted.Extension of time by Federal Court
25.2 (1) The person or lawful owner referred to in section 25 may apply to the Federal Court to have their application under section 25.1 granted(a) within the period of 90 days after the Minister dismisses that application, if it is dismissed; or(b) after 90 days have expired after that application was made, if the Minister has not notified the person or lawful owner of a decision made in respect of it.Application process
(2) The application shall be made by filing in the Federal Court a copy of the application made under section 25.1, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it.Powers of the Court
(3) The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 25 be deemed to have been made on the date the order was made.Conditions for granting application
(4) The application is not to be granted unless(a) the application under subsection 25.1(1) was made within one year after the end of the period provided in section 25; and(b) the person or lawful owner making the application demonstrates that(i) within the period provided in section 25, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,(ii) it would be just and equitable to grant the application, and(iii) the application was made as soon as circumstances permitted.2006, c. 12, s. 22(1)
275. (1) Subsection 36(1.1) of the Act is replaced by the following:Use of information
(1.1) An officer may use information referred to in subsection (1) if the officer has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act.(2) Subsection 36(3.1) of the Act is replaced by the following:Disclosure of information to Canada Revenue Agency
(3.01) An officer may disclose to the Canada Revenue Agency information referred to in subsection (1) about the circumstances of a seizure under subsection 18(1) if the officer has reasonable grounds to suspect that the currency or monetary instruments seized(a) are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities; and(b) relate to a registered charity as defined in subsection 248(1) of the Income Tax Act, to an entity that has applied for registration as such a registered charity, or to a person or any other entity that solicits charitable financial donations from the public.Recording of reasons for decision
(3.1) If an officer decides to disclose information under any of subsections (2) to (3.01), the officer shall record in writing the reasons for the decision.276. (1) The portion of section 40 of the English version of the Act before paragraph (a) is replaced by the following:Object
40. The object of this Part is to establish an agency that(2) Paragraph 40(a) of the Act is replaced by the following:(a) acts at arm’s length and is independent from law enforcement agencies and other entities to which it is authorized to disclose information under subsection 55(3), 55.1(1) or 56.1(1) or (2);(3) Paragraph 40(d) of the Act is replaced by the following:(d) operates to enhance public awareness and understanding of matters related to money laundering and the financing of terrorist activities; and2010, c. 12, s. 1871
277. Subsections 52(2) to (4) of the Act are replaced by the following: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.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.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.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).2010, c. 12, s. 1872
278. Sections 53 to 53.2 of the Act are replaced by the following: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.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.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.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.Limitation
53.2 (1) The Director shall not disclose under section 53.1 any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.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 or permitted to be disclosed under section 53.1, the Director shall provide the document with that information excluded.2010, c. 12, s. 1872
279. The portion of subsection 53.3(1) of the Act before paragraph (a) is replaced by the following: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):2004, c. 15, s. 100; 2010, c. 12, s. 1873
280. (1) The portion of section 54 of the Act before paragraph (c) is replaced by the following:Reports and information
54. (1) The Centre(a) shall receive reports made under section 7, 7.1, 9, 12 or 20, or in accordance with a directive issued under Part 1.1, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;(b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that(i) is publicly available, including in a commercially available database, or(ii) is stored in a database maintained, for purposes related to law enforcement or national security, by the federal government, by a provincial government, by the government of a foreign state or by an international organization, if an agreement was entered into under subsection 66(1) to collect such information;(2) Section 54 of the Act is amended by adding the following after subsection (1):Destruction of certain information
(2) The Centre shall destroy any information contained in a document, whether in written form or in any other form, that it receives that purports to be a report made under section 7, 7.1, 9 or 12, made in accordance with a directive issued under Part 1.1, sent under subsection 14(5) or referred to in section 9.1, and that it determines, in the normal course of its activities, relates to a financial transaction or circumstance that is not required to be reported to the Centre under this Act, and shall destroy any information voluntarily provided to the Centre by the public that it determines, in the normal course of its activities, is not about suspicions of money laundering or the financing of terrorist activities. The Centre shall destroy the information within a reasonable time after the determination is made.2006, c. 12, s. 25
281. Subsection 54.1(5) of the Act is replaced by the following:Analysis of information
(5) The Centre may analyse and assess the information referred to in subsection (4) and, in that case, that analysis or assessment is deemed to be an analysis or assessment conducted under paragraph 54(1)(c).2006, c. 12, s. 26(1)
282. (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:Disclosure by Centre prohibited
55. (1) Subject to subsections (3) and (6.1), sections 52, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:2001, c. 41, s. 67(5)
(2) The portion of subsection 55(3) of the Act before paragraph (a) is replaced by the following:Disclosure of designated information
(3) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, the Centre shall disclose the information to2010, c. 12, s. 1874
(3) Paragraph 55(3)(b) of the Act is replaced by the following:(b) the Canada Revenue Agency, if the Centre also has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting an offence of obtaining or attempting to obtain a rebate, refund or credit to which a person or entity is not entitled, or of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;(4) Paragraph 55(3)(c) of the Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):(iii) whether a person or entity that the Centre has reasonable grounds to suspect may apply to be a registered charity, as defined in subsection 248(1) of the Income Tax Act,(A) has made or will make available any resources, directly or indirectly, to a listed entity as defined in subsection 83.01(1) of the Criminal Code,(B) has made available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that was at that time, and continues to be, engaged in terrorist activities as defined in that subsection or activities in support of them, or(C) has made or will make available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code that engages or will engage in terrorist activities as defined in that subsection or activities in support of them;2006, c. 12, s. 26(4)
(5) Paragraphs 55(3)(d) and (e) of the Act are replaced by the following:(d) the Canada Border Services Agency, if the Centre also determines that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act;(e) the Canada Border Services Agency, if the Centre also determines that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation or exportation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament; and(6) Section 55 of the Act is amended by adding the following after subsection (6):Publication
(6.1) After a person has been determined by a court to be guilty of a money laundering offence or a terrorist activity financing offence, or has been determined by a foreign court to be guilty of an offence that is substantially similar to either of those offences, whether on accept-ance of a plea of guilty or on a finding of guilt, the Centre may, if it has disclosed designated information under subsection (3) with respect to the investigation or prosecution of the offence, make public the fact that it made such a disclosure.2006, c. 12, s. 26(5)
(7) Paragraph 55(7)(a) of the Act is replaced by the following:(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;2006, c. 12, s. 26(6)
(8) Paragraph 55(7)(k) of the Act is replaced by the following:(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;(9) Subsection 55(7) of the Act is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (n):(o) information about the importation or exportation that was reported to the Centre under section 20;(p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; and(q) information about the transaction, attempted transaction, importation or exportation, received by the Centre from an institution or agency under an agreement or arrangement referred to in section 56, that constitutes the institution’s or agency’s reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.2001, c. 41, s. 68
283. (1) Subsection 55.1(1) of the Act is replaced by the following:Disclosure — threats to security of Canada
55.1 (1) If the Centre, on the basis of its analysis and assessment under paragraph 54(1)(c), has reasonable grounds to suspect that designated information would be relevant to threats to the security of Canada, the Centre shall disclose the information to(a) the Canadian Security Intelligence Serv-ice;(b) the appropriate police force, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence under Canadian law that the Centre has reasonable grounds to suspect arises out of conduct constituting such a threat;(c) the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act; and(d) the Canada Border Services Agency, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence of smuggling or attempting to smuggle goods subject to duties or an offence related to the importation or exportation of goods that are prohibited, controlled or regulated under the Customs Act or under any other Act of Parliament.2006, c. 12, s. 27(1)
(2) Paragraph 55.1(3)(a) of the Act is replaced by the following:(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the occupation or business and gender of those persons and the business of those entities;2006, c. 12, s. 27(2)
(3) Paragraph 55.1(3)(k) of the Act is replaced by the following:(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;2006, c. 12, s. 27(2)
(4) Subsection 55.1(3) of the Act is amended by striking out “and” at the end of paragraph (m) and by replacing paragraph (n) with the following:(n) indicators of a money laundering offence, a terrorist activity financing offence or a threat to the security of Canada related to the transaction, attempted transaction, importation or exportation;(o) information about the importation or exportation that was reported to the Centre under section 20;(p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication; and(q) information about the transaction, attempted transaction, importation or exportation, received by the Centre from an institution or agency under an agreement or arrangement referred to in section 56, that constitutes the institution’s or agency’s reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.2001, c. 41, s. 68; 2006, c. 12, s. 28(1)(E)
284. (1) Subsection 56.1(3) of the Act is replaced by the following:Other disclosure
(3) In order to perform its functions under paragraph 54(1)(c), the Centre may direct queries to an institution or agency in respect of which an agreement or arrangement referred to in paragraph (1)(b) or (2)(b) has been entered into, and in doing so it may disclose designated information.(2) Section 56.1 of the Act is amended by adding the following after subsection (4):Publication
(4.1) After a person has been determined by a court to be guilty of a money laundering offence or a terrorist activity financing offence, or has been determined by a foreign court to be guilty of an offence that is substantially similar to either offence, whether on acceptance of a plea of guilty or on a finding of guilt, the Centre may, if it has disclosed designated information under subsection (1) or (2) with respect to the investigation or prosecution of the offence, make public the fact that it made such a disclosure.2006, c. 12, s. 28(2)
(3) Paragraph 56.1(5)(a) of the Act is replaced by the following:(a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation or of any person or entity acting on their behalf, as well as the person’s occupation or business and gender and the entity’s business;2006, c. 12, s. 28(3)
(4) Paragraph 56.1(5)(k) of the Act is replaced by the following:(k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and any action taken by the person or entity as a result of the suspicions that led them to make the report;(5) Subsection 56.1(5) of the Act is amended by striking out “and” at the end of paragraph (m) and by adding the following after paragraph (n):(o) information about the importation or exportation that was reported to the Centre under section 20; and(p) if the transaction is carried out by means of an electronic funds transfer as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, information about the transaction that is contained in a report made under section 9 and that is remittance information as defined by the Society for Worldwide Interbank Financial Telecommunication.285. Subsection 58(2) of the Act is replaced by the following:Limitation
(2) The Centre shall not disclose under subsection (1) any information that would directly or indirectly identify an individual who provided a report or information to the Centre, or a person or an entity about whom a report or information was provided.2010, c. 12, s. 1876
286. Section 58.1 of the Act is replaced by the following:Centre may disclose information to Minister
58.1 (1) The Centre may, at the request of the Minister, disclose 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), to author-ities specified by the Minister for the purpose of assisting the Minister in carrying out the Minister’s powers and duties under Part 1.1.Limitation
(2) The Centre shall not disclose under subsection (1) any information that would directly or indirectly identify any person or entity other than a foreign entity as defined in section 11.41.2010, c. 12, par. 1882(d)
287. (1) Subsection 65(1) of the Act is replaced by the following:Disclosure to law enforcement agencies
65. (1) The Centre may disclose to the appropriate law enforcement agencies any information of which it becomes aware under subsection (4) or section 62, 63 or 63.1 and that it suspects on reasonable grounds would be relevant to investigating or prosecuting an offence under this Act arising out of a contravention of Part 1 or 1.1.(2) Section 65 of the Act is amended by adding the following after subsection (3):Compliance of persons or entities
(4) For the purpose of ensuring compliance with Parts 1 and 1.1, the Centre shall receive information voluntarily provided to it by a person or entity — other than an agency or body referred to in subsection (2) — relating to the compliance with Part 1 or 1.1 of persons or entities referred to in section 5.288. The Act is amended by adding the following after section 65:Disclosure to Canada Revenue Agency
65.01 (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to the initial implementation of policies respecting the reporting of international electronic funds transfers to the Canada Revenue Agency.Limitation
(2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to the initial implementation of the policies referred to in that subsection or to ensuring compliance with any provision of the Income Tax Act that requires the reporting of international electronic funds transfers to the Canada Revenue Agency.Limitation
(3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.289. The Act is amended by adding the following after section 65.01:Disclosure to Canada Revenue Agency
65.02 (1) The Centre may disclose to the Canada Revenue Agency information relating to the compliance with Part 1 of persons or entities referred to in section 5 if the Centre has reasonable grounds to suspect that the information would be relevant to ensuring compliance with Part XV.1 of the Income Tax Act.Limitation
(2) Any information disclosed by the Centre under subsection (1) may be used by the Canada Revenue Agency only for purposes relating to ensuring compliance with Part XV.1 of the Income Tax Act.Limitation
(3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.290. Subsections 66(1) and (2) of the Act are replaced by the following:Power to enter into
66. (1) The Centre may, for the purpose of exercising its powers or performing its duties and functions under this Part, enter into contracts, memoranda of understanding and other agreements with a department or an agency of the Government of Canada, with the government of a province, with the government of a foreign state and with any other person or organization, whether inside or outside Canada, in its own name or in the name of Her Majesty in right of Canada.Agreements re databases
(2) Agreements relating to the Centre’s collection of information from databases referred to in paragraph 54(1)(b) must specify the nature of and limits with respect to the information that the Centre may collect from those databases.291. The Act is amended by adding the following after section 68:Filing of documents
68.1 The Centre may, for the purpose of any action, suit or other legal proceedings brought or taken under this Act, file with the court any documents containing information referred to in subsection 55(1).292. Subsection 71(2) of the Act is replaced by the following:Contents
(2) The report referred to in subsection (1) shall include(a) a description of the management guidelines and policies of the Centre for the protection of human rights and freedoms; and(b) information on the performance by the Centre of its duties and functions, including any statistics by which that performance is measured.293. The Act is amended by adding the following after section 72: