Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures”.

Part 1 amends the Customs Act to provide the Canada Border Services Agency with facilities free of charge for carrying out any purpose related to the administration or enforcement of that Act and other Acts of Parliament and to provide officers of that Agency with access at certain locations to goods destined for export. It also includes transitional provisions.

Part 3 amends the Controlled Drugs and Substances Act and the Cannabis Act to confirm that the Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations exempting members of law enforcement from the application of any provision of the Criminal Code that creates drug-related inchoate offences when they are undertaking lawful investigations.

Part 4 amends the Canada Post Corporation Act to permit the demand, seizure, detention or retention of anything in the course of post only in accordance with an Act of Parliament. It also amends that Act to expand the Canada Post Corporation’s authority to open mail in certain circumstances to include the authority to open letters.

Part 5 amends the Oceans Act to provide that coast guard services include activities related to security and to authorize the responsible minister to collect, analyze and disclose information and intelligence.

Part 6 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.

It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.

Part 7 amends the Immigration and Refugee Protection Act to, among other things,

It also includes transitional provisions.

Part 8 amends the Immigration and Refugee Protection Act to, among other things,

Part 9 amends the Immigration and Refugee Protection Act to add two new grounds of ineligibility for claims for refugee protection as well as powers to make regulations respecting exceptions to those new grounds. It also includes a transitional provision respecting the retroactive application of those new grounds.

Part 10 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,

It also makes consequential and related amendments to other Acts and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.

Part 11 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to prohibit certain entities from accepting cash deposits from third parties and certain persons or entities from accepting cash payments, donations or deposits of $10,000 or more. It also makes a related amendment to the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations.

Part 12 amends the Office of the Superintendent of Financial Institutions Act to make the Director of the Financial Transactions and Reports Analysis Centre of Canada a member of the committee established under subsection 18(1) of that Act. It also amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to enable the Director to exchange information with the other members of that committee.

Part 13 amends the Sex Offender Information Registration Act to, among other things,

It also makes a related amendment to the Customs Act.

Part 14 amends various Acts to modernize certain provisions respecting the timely gathering and production of data and information during an investigation. It, among other things,

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Customs facilities

6 (1) The owner or operator of any of the following bridges, tunnels, railways, airports, wharves or docks must provide, equip and maintain free of charge — at or near the bridge, tunnel, railway, airport, wharf or dock — adequate buildings, accommodation or other facilities for carrying out any purpose related to the administration or enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act:

• (a)  Insertion start an Insertion end international bridge or tunnel, for the use of which a toll or other charge is payable,

• (b)  Insertion start a Insertion end railway operating internationally, or

• (c)  Insertion start an Insertion end airport, wharf or dock that receives conveyances operating internationally, Insertion start whether they are arriving in, departing from Insertion end or Insertion start expected to depart from Canada Insertion end , and in respect of which a customs office has been designated under section 5.

Règlements

(3) Sous réserve du paragraphe (4), le gouverneur en conseil peut, par règlement, déterminer les locaux ou autres installations Insertion start qui sont adéquats Insertion end aux fins visées au paragraphe (1).

Exportation

Officer’s access to goods — transportation

97.‍01 Every person who transports or causes to be transported within Canada goods destined for export must, at an officer’s request, give the officer free access to any premises or place under the person’s control that is attached to or forms part of any place where any goods destined for export are reported, loaded, unloaded or stored and open any package or container of those goods or remove any packaging from those goods.

Officer’s access to goods — warehouses

97.‍02 The operator of a sufferance warehouse or a bonded warehouse must, at an officer’s request, give the officer free access to the warehouse or any premises or place under the operator’s control that is attached to or forms part of the warehouse and open any package or container of goods destined for export or remove any packaging from those goods.

controlled substance means a substance included in Insertion start any of Schedules Insertion end I Insertion start to Insertion end IV or Insertion start in Part 1 of Schedule Insertion end V; (substance désignée)

precursor means a substance included in Insertion start Part 2 of Schedule V or in Insertion end Schedule VI; (précurseur)

Relevant information

(3) In making an order under subsection (1) or (2), the Minister may take into account any relevant information provided by the Minister of Public Safety and Emergency Preparedness.

Deletion of item or portion of item

(4) An item or portion of an item is deleted from Schedule V on the earliest of

• (a) the day specified in an order made under subsection (2) in relation to that item or portion of an item,

• (b) the beginning of the day on which that item or portion of an item is added to any of Schedules I to IV and VI, and

• (c) the end of the period set out for the item in question.

  End of inserted block

Amending schedules to regulations

60.‍2 The Governor in Council may make regulations authorizing the Minister

• (a) to add to or delete from, by order, any schedule to a regulation made under this Act any substance included in Schedule V to this Act; and

• (b) to make, by order, any other amendment to a schedule to a regulation made under this Act that is consequential or related to an addition or deletion referred to in paragraph (a).

  End of inserted block

Class A precursor means Insertion start any of the following precursors Insertion end :

• Start of inserted block

  (a) a precursor included in Table 1 of Part 2 of Schedule V to the Act;

• (b) a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 1 of Part 2 of that Schedule;

  End of inserted block

• Insertion start (c) Insertion end Insertion start   Insertion end Insertion start a precursor included Insertion end in Part 1 of Schedule VI to the Act;

• Insertion start (d) Insertion end Insertion start   Insertion end Insertion start a Insertion end preparation or mixture Insertion start included Insertion end in Part 3 of Schedule VI to the Act that contains a Insertion start precursor included in Part 1 of that Schedule Insertion end .‍ (précurseur de catégorie A)

Class B precursor means Insertion start any of the following precursors Insertion end :

• Start of inserted block

  (a) a precursor included in Table 2 of Part 2 of Schedule V to the Act;

• (b) a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 2 of Part 2 of that Schedule;

  End of inserted block

• Insertion start (c) Insertion end Insertion start   Insertion end Insertion start a precursor included Insertion end in Part 2 of Schedule VI to the Act;

• Insertion start (d) Insertion end Insertion start   Insertion end Insertion start a Insertion end preparation or mixture Insertion start included Insertion end in Part 3 of Schedule VI to the Act that contains a Insertion start precursor included in Part 2 of that Schedule Insertion end .‍ (précurseur de catégorie B)

Temporarily Scheduled Precursors

• Start of inserted block

  (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

  End of inserted block

• Start of inserted block

  (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

  End of inserted block

• Start of inserted block

  (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

  End of inserted block

• Start of inserted block

  (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

  End of inserted block

Demand, Seizure, Detention or Retention

In accordance with Act of Parliament

40.‍1 (1) Nothing in the course of post is subject to demand, seizure, detention or retention, except in accordance with an Act of Parliament.

Notice

(2) If mail is demanded, seized, detained or retained in accordance with an Act of Parliament, other than this Act or the Canadian Security Intelligence Service Act, notice of the demand, seizure, detention or retention must be given in writing to the Corporation within 60 days after the demand, seizure, detention or retention unless the mail has, before the end of that period, been delivered to the addressee of the mail or returned to the Corporation.

Limited liability

(3) Subject to subsection 40(1.‍1), His Majesty in right of Canada, any servant or agent or mandatary of His Majesty and the Corporation are not liable to any person for any claim arising from a demand, seizure, detention or retention in accordance with an Act of Parliament of anything in the course of post.

Inspection of mail

41 (1) The Corporation may open any mail if it has reasonable grounds to suspect that

Opening mail

48 Every person commits an offence who, Insertion start unless Insertion end authorized Insertion start under an Insertion end Act Insertion start of Parliament Insertion end , knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.

Coast guard services

41 (1) The Minister, Insertion start or any other member of the King’s Privy Council for Canada designated by the Governor in Council for the purposes of this section, is Insertion end responsible for coast guard services Insertion start and their Insertion end powers, duties and functions extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to

• (e) the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; Insertion start and Insertion end

• Start of inserted block

  (f) security, including security patrols and the collection, analysis and disclosure of information or intelligence.

  End of inserted block

Cost-effectiveness

(2) The Minister, Insertion start or any other member of the King’s Privy Council for Canada designated under subsection (1) Insertion end , shall ensure that the services referred to in subparagraphs (1)‍(a)‍(i) to (iv) are provided in a cost-effective manner.

Powers with respect to information and intelligence

41.‍1 In exercising the powers and performing the duties and functions assigned to them under section 41, the Minister, or any other member of the King’s Privy Council for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence.

Disclosure of Personal Information

Definition of personal information

Disclosure within Department

Disclosure outside Department

• (a) the identity of an individual and any changes to their identity;

• (b) the status of an individual in Canada and any changes to their status;

• (c) the contents or status of any document issued to an individual by the Minister under a provision for which the Minister is responsible in an Act of Parliament or under another lawful authority, including information relating to the issuance, provision, renewal, restoration, validity, variance, withholding, refusal, termination, cancellation, correction, revocation, recall, suspension, recovery or loss of such a document.

  End of inserted block

Prohibition

• (a) with the written consent of the Minister; and

• (b) in a manner that respects Canada’s international obligations in respect of mistreatment, as defined in section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act.

  End of inserted block

Other disclosure authorities

Regulations

• (a) the disclosure of personal information under the control of the Department, including conditions for or limits on disclosure and the specification of purposes for disclosure; and

• (b) the meaning of terms used in those sections.

  End of inserted block

• Start of inserted block

  (f) the disclosure, for the purposes of cooperation, of information collected for the purposes of this Act to federal departments and agencies, including personal information disclosed under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details.

  End of inserted block

prescribed means prescribed by regulation.‍ (Version anglaise seulement)

Representation

6.‍1 (1) The Minister must, in the prescribed circumstances, designate a person to represent a person who is the subject of a prescribed proceeding or application if the person who is the subject of the proceeding or application is under 18 years of age or is unable, in the opinion of the Minister, to appreciate the nature of the proceeding or application. That obligation does not apply in respect of a proceeding before a Division of the Board.

Personal information

(2) The Minister may disclose the personal information of the person who is the subject of the proceeding or application to the representative.

Regulations

(3) The regulations may provide for any matter relating to the application of this section, may prescribe the circumstances in which, and the proceedings and applications for which, a representative must be designated and may include provisions respecting

• (a) the responsibilities of a representative and the requirements that must be met to be designated as a representative;

• (b) the circumstances in which a representative may make decisions on behalf of the person they represent; and

• (c) the remuneration of a representative.

  End of inserted block

Non-application of instructions

(6) The instructions do not apply in respect of a prescribed class.

Autorisation d’entrer : contrôle complémentaire ou enquête

23 L’ Insertion start agent Insertion end peut Insertion start autoriser une personne à entrer au Canada Insertion end en vue du contrôle complémentaire ou de l’enquête prévus par la présente partie.

• Start of inserted block

  (a.‍1) the day on which their claim was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review;

• (a.‍2) in any other case where their claim was determined by the Minister to be withdrawn, the later of

  • (i) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last one occurred, and

  • (ii) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or

    End of inserted block

• (b) the foreign national has made a claim for refugee protection Insertion start that has been determined to be eligible to be referred to Insertion end the Refugee Protection Division or that is pending before Insertion start that Division Insertion end or the Refugee Appeal Division;

• (d) is, Insertion start if Insertion end prescribed, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Referral or removal order

(2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the case of a foreign national, in the prescribed circumstances. In those cases, the Minister may make a removal order.

Presence in Canada

44.‍1 The Immigration Division must not hold an admissibility hearing if the permanent resident or foreign national who is the subject of the hearing is not physically present in Canada.

In force

49 (1) A removal order comes into force on

• (a) the day Insertion start on which it Insertion end is made, if there is no right to appeal;

• (b)  Insertion start the day after Insertion end the day Insertion start on which Insertion end the appeal period expires, if there is a right to appeal and no appeal is made; Insertion start or Insertion end

• (c) the day Insertion start on which a Insertion end final determination Insertion start is made that has the effect of confirming the removal order Insertion end , if an appeal is made.

In force — claimants

(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force

• (a)  Insertion start on Insertion end the day Insertion start on which notice Insertion end is Insertion start provided that Insertion end the claim Insertion start has been Insertion end determined to be ineligible only under paragraph 101(1)‍(e);

• (b) seven days after Insertion start the day on which notice Insertion end is Insertion start provided that Insertion end the claim Insertion start has otherwise been Insertion end determined to be ineligible Insertion start under subsection 101(1) Insertion end ;

• Start of inserted block

  (c) if the claim is rejected by the Refugee Protection Division and there is no right to appeal, 15 days after the day on which notice of the rejection is provided;

• (d) if the claim is rejected by the Refugee Protection Division and the claimant does not file and perfect an appeal within the applicable time limits, on the later of

  • (i) the day after the day on which the applicable time limit expires, and

  • (ii) 15 days after the day on which notice of the rejection is provided;

• (e) 15 days after the day on which the Refugee Appeal Division provides notice that the claim is rejected;

• (f) on the day on which notice is provided that the claim has been determined to be withdrawn;

  End of inserted block

• Insertion start (g) Insertion end  15 days after Insertion start the day on which notice Insertion end is Insertion start provided Insertion end that the claim Insertion start has been determined to be Insertion end abandoned; Insertion start or Insertion end

• Insertion start (h) Insertion end  15 days after Insertion start the day on which Insertion end proceedings are terminated as a result of Insertion start a Insertion end notice Insertion start given Insertion end under paragraph 104(1)‍(c) or (d).

Person in need of protection

(2) A person in Canada who is a member of a class of persons Insertion start that is Insertion end prescribed as being in need of protection is also a person in need of protection.

Consideration of Claims Prior to Referral

Consideration of claims

100 (1) An officer Insertion start must Insertion end , after receiving a claim referred to in subsection 99(3), determine whether Insertion start it Insertion end is eligible to be referred to the Refugee Protection Division. Insertion start If it is determined to be eligible, the Minister must consider it further within the prescribed time limit. Insertion end

Suspension of consideration

(2) The officer Insertion start or the Minister must Insertion end suspend consideration of the person’s claim if

• (b)  Insertion start the person Insertion end is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years Insertion start and Insertion end the officer Insertion start or the Minister Insertion end considers it necessary to wait for a Insertion start court Insertion end decision with respect to Insertion start the charge Insertion end .

Ineligibility — determination by Minister

(3) The Minister may, after considering a claim, determine that it is ineligible to be referred to the Refugee Protection Division despite the determination made under subsection (1).

Documents and information to be provided

(4) A person who makes a claim for refugee protection Insertion start inside Canada — or who, before making a claim, submits any document or provides information with a view to making a claim inside Canada — Insertion end must, within the time limits provided for in the regulations Insertion start and in the manner specified by the Minister Insertion end , provide the Insertion start Minister Insertion end with the Insertion start documents and information specified by the Minister and Insertion end the documents and information required by the rules of the Board.

Referral of claims

100.‍1 (1) Subject to subsections 100(1) to (3) and section 102.‍2, the Minister must refer a claim for refugee protection to the Refugee Protection Division if

• (a) the claim has been determined to be eligible for referral;

• (b) the Minister has been provided with, and has had the opportunity to consider, the documents and information referred to in subsection 100(4); and

• (c) in the case where the person who made the claim has been requested to appear for an examination, they have appeared for the examination.

  End of inserted block

Restriction

(2) The Refugee Protection Division is not authorized to consider a claim for the purposes of subsection 107(1) until the claim has been referred to it under subsection (1).

Abandonment and Withdrawal of Claims

Abandoned claims

Determination

Limit

Requirements

Failure to comply

Termination

• (a) the person who made the claim provides the Minister with the necessary documents and information or appears for the examination, as the case may be;

• (b) the claim is determined under subsection 100(1) or (3) to be ineligible to be referred to the Refugee Protection Division; or

• (c) a prescribed circumstance exists.

  End of inserted block

Withdrawal of claims

Reinstatement of claim

• (c) the claim was referred as a result of Insertion start the direct or indirect misrepresentation Insertion end or withholding Insertion start of Insertion end material facts relating to a relevant matter and was not otherwise eligible to be referred to Insertion start the Refugee Protection Insertion end Division; or

Presence in Canada

104.‍1 (1) The Refugee Protection Division must not commence, or must suspend, consideration of a claim for refugee protection for the purposes of subsection 107(1) if the claimant is not physically present in Canada.

Refugee Appeal Division

(2) The Refugee Appeal Division must not commence, or must suspend, consideration of an appeal, other than an appeal by the Minister, if the person who is the subject of the appeal is not physically present in Canada.

Procedure

(3) Subject to subsections (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent Insertion start or mandatary Insertion end of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

Confirmation of rejection

(3) If the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim.

• (a) time limits for providing documents and information under subsection 100(4) Insertion start and the extension of those time limits, including extensions by the Minister Insertion end ;

• Start of inserted block

  (a.‍1) time limits for the Minister to consider claims under subsection 100(1);

  End of inserted block

• (b.‍1) subject to subsection (2.‍1), less than 12 months have passed since

• Start of inserted block

  (b.‍2) subject to subsection (2.‍1), less than 12 months have passed since

  • (i) the day on which their claim for refugee protection was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or

  • (ii) in any other case where their claim for refugee protection was determined by the Minister to be withdrawn, the later of

    • (A) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last determination occurred, and

    • (B) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or

      End of inserted block

• (c) subject to subsection (2.‍1), less than 12 months have passed since

Exemption

(2.‍1) The Minister may exempt from the application of paragraph (2)‍(b.‍1), Insertion start (b.‍2) Insertion end or (c)

Prosecution of designated offences

144 (1) In addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced in accordance with this section.

• (g) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay, Insertion start including by specifying the manner in which decisions must be rendered and reasons for decisions must be given Insertion end ;

Clarification

(1.‍1) For greater certainty, if the Refugee Protection Division or the Refugee Appeal Division is prevented under section 104.‍1 from considering a claim or appeal, it may determine under subsection (1) that the claim or appeal has been abandoned.

• (e) written reasons Insertion start for the decision Insertion end must be provided Insertion start to Insertion end the person who is the subject of Insertion start the decision and to Insertion end the Minister in circumstances Insertion start provided for Insertion end in the rules of the Board or Insertion start if the person or the Minister requests them Insertion end within 10 days Insertion start after notice Insertion end of the decision Insertion start is provided Insertion end ; and

• (f) may, despite paragraph (b), Insertion start accept Insertion end a claim for refugee protection without a hearing if the Minister has not notified the Division of the Minister’s intention to intervene;

Termination — processing of application

11.‍3 An officer may terminate the processing of an application for a visa or other document in the prescribed circumstances.

• Start of inserted block

  (b.‍1) the circumstances in which an officer may terminate the processing of an application for a visa or other document;

  End of inserted block

Document — cancellation, suspension or variation

20.‍01 (1) An officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document.

For greater certainty

(2) For greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document.

Permis de séjour temporaire

24 (1) Devient résident temporaire l’étranger, dont l’agent estime qu’il est interdit de territoire ou ne se conforme pas à la présente loi, à qui il délivre, s’il estime que les circonstances le justifient, un permis de séjour temporaire — titre Insertion start annulable Insertion end en tout temps.

• Start of inserted block

  (b.‍01) the circumstances in which an officer may cancel, suspend or vary a visa or other document;

  End of inserted block

DIVISION 3.‍1 

Examination — Foreign Nationals

Obligation — answer truthfully

32.‍1 (1) A foreign national who is outside Canada and who holds a permanent resident visa, temporary resident visa, electronic travel authorization, temporary resident permit or any other document must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, answer truthfully all questions put to them by an officer and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Obligation — appear for examination

(2) A foreign national who is outside Canada and who holds a document referred to in subsection (1) must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, appear for an examination, including a medical examination, on request of an officer.

For greater certainty

(3) For greater certainty, subsections (1) and (2) do not affect any other lawful authority relating to the conduct of an examination of foreign nationals.

Regulations

32.‍2 The regulations may prescribe the circumstances in which a foreign national who is outside Canada and who holds a document referred to in subsection 32.‍1(1) must appear for examination, answer truthfully all questions put to them and produce a visa and all relevant evidence and documents.

• (c) on cancellation of their temporary resident permit, Insertion start other than cancellation by an order made under subsection 87.‍302(1) Insertion end .

Orders Made in the Public Interest

Order in council — applications

87.‍301 (1) The Governor in Council may make an order specifying one or more of the following, if the Governor in Council is of the opinion that it is in the public interest to do so:

• (a) applications for permanent resident visas, temporary resident visas, electronic travel authorizations, work permits, study permits or any other documents, or any combination of those types of applications, made by foreign nationals are not to be accepted for processing if they are received during the period set out in the order or, if a period is not set out, during the period for which the order is in force;

• (b) the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period set out in the order or, if a period is not set out, during the period for which the order is in force; or

• (c) the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.

  End of inserted block

Other elements of order

(2) An order made under subsection (1) may

• (a) restrict the application of the order to certain foreign nationals or to applications within a class of applications that is specified in the order;

• (b) provide for the retention, return or other disposition of applications;

• (c) specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)‍(a) or (b) are to be repaid and, if they are, that such a repayment is to be made without interest from the Consolidated Revenue Fund; and

• (d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

  End of inserted block

Termination — fees repaid

(3) An order made under subsection (1) must specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)‍(c) are to be repaid and, if they are, that the repayment is to be made without interest from the Consolidated Revenue Fund.

Order in council — documents

87.‍302 (1) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order,

• (a) cancel or vary documents, including permanent resident visas, permanent resident cards, temporary resident visas, electronic travel authorizations, temporary resident permits, work permits or study permits;

• (b) suspend such documents for the period set out in the order or, if a period is not set out, during the period for which the order is in force;

• (c) impose or vary conditions on such documents — including a condition or requirement imposed under the provision of any other Act of Parliament, or of any regulations or orders made under such an Act, or one related to the compliance with any such provision — for the period set out in the order or, if a period is not set out, during the period for which the order is in force; or

• (d) impose or vary such conditions on temporary residents for the period set out in the order or, if a period is not set out, during the period for which the order is in force.

  End of inserted block

Recommendation

(2) An order made under subsection (1) whose measures concern, in whole or in part, persons inside Canada must be made on the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness.

Other elements of order

(3) An order made under subsection (1) may

• (a) restrict the application of the order to certain documents or individuals;

• (b) provide for the return of documents; and

• (c) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

  End of inserted block

Amendments by Governor in Council

87.‍303 (1) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, amend or repeal any order made under subsection 87.‍301(1) or 87.‍302(1).

Amendments by Minister

(2) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, authorize the Minister, by order, to amend or repeal any order made under subsection 87.‍301(1) or 87.‍302(1), subject to any conditions that the Governor in Council may specify.

Concurrence

(3) If the amendment or repeal concerns, in whole or in part, persons in Canada, then it requires,

• (a) in the case of an amendment or repeal made by the Governor in Council, the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness; or

• (b) in the case of an amendment or repeal made by the Minister, the concurrence of the Minister of Public Safety and Emergency Preparedness.

  End of inserted block

Obligation

87.‍304 (1) A person must answer truthfully all questions put to them by an officer that relate to the application of an order made under subsection 87.‍302(1) and must produce a visa and all relevant evidence and documents that the officer reasonably requires for the purpose of the application of such an order.

Obligation — appear for examination

(2) A person must, on request of an officer, appear for an examination — including a medical examination — that relates to the application of an order made under subsection 87.‍302(1).

Non-application of Statutory Instruments Act

87.‍305 An order made under subsection 87.‍301(1), 87.‍302(1) or 87.‍303(1) or (2), or a ministerial order referred to in subsection 87.‍303(2), is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and must be published in the Canada Gazette not later than 23 days after the day on which it is made.

• Start of inserted block

  (b.‍1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;

• (b.‍2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.‍4(1.‍1) of the Immigration and Refugee Protection Regulations;

  End of inserted block

Paragraph (1)‍(b.‍1) — multiple entries

(1.‍1) For the purposes of paragraph (1)‍(b.‍1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that paragraph begins on the day after the day of their first entry.

• Start of inserted block

  (b.‍1) exceptions to the application of paragraph 101(1)‍(b.‍1);

• (b.‍2) exceptions to the application of paragraph 101(1)‍(b.‍2);

  End of inserted block

compliance order violation means a violation referred to in subsection 73.‍18(1).‍ (violation d’un ordre de conformité)

prescribed violation means a violation referred to in section 73.‍13.‍ (violation réglementaire)

• (d) identifying information, for the purposes of subsection 54.‍1(3) Insertion start or 54.‍2(3) Insertion end ;

Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Insertion start Enrolment Insertion end

Prohibition — anonymous account or client

9.‍2  Insertion start (1) Insertion end  No person or entity referred to in section 5 shall open Insertion start an anonymous account or Insertion end an account for Insertion start an anonymous Insertion end client.

Anonymous client

Insertion start (2) Insertion end Insertion start   Insertion end Insertion start A client is anonymous for the purposes of subsection (1) Insertion end if the person or entity cannot verify the identity of the client in accordance with the regulations Insertion start or if the client’s name is obviously fictitious Insertion end .

Program requirements

(1.‍1) The person or entity shall ensure that the program is reasonably designed, risk-based and effective.

Inscription — Insertion start entreprises fournissant des services monétaires Insertion end

• (e.‍1) a person or entity that, having committed a Insertion start compliance order Insertion end violation Insertion start or a prescribed Insertion end 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;

• Start of inserted block

  (e.‍2) a person or entity that is acting on behalf of or in concert with a person or entity referred to in paragraph (e.‍1) for the purpose of evading the payment of a penalty; or

  End of inserted block

Enrolment

Enrolment requirement

Exceptions

Application for enrolment

Notice of enrolment

Renewal

Application for renewal

Notice of renewal

Changes to information

Clarifications — applicant

Denial of application

Denial of application

• (a) the applicant committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.‍28; or

• (b) the Centre determines that the applicant is in a prescribed relationship with a person or entity in the situation described in paragraph (a).

  End of inserted block

Notice of denial

Clarifications — enrolled person or entity

Revocation of enrolment

Revocation of enrolment

• (a) the person or entity committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.‍28; or

• (b) the Centre determines that the person or entity is in a prescribed relationship with a person or entity in the situation described in paragraph (a).

  End of inserted block

Notice of revocation

Requirement ceases to apply

Explanation

Notice of revocation

Notice of continued enrolment

Duty to notify

Application for review

Review by Director

Decision of Director

Appeal to Federal Court

Appeal

Precautions against disclosure

Records

(6) Any person or entity that imports or exports goods or that causes or arranges for goods to be imported or exported — for sale or for any industrial, occupational, commercial, institutional or other like use, or any other use that may be prescribed — or that produces, supplies, distributes, consumes or Insertion start holds Insertion end those goods for such a purpose shall keep at the person or entity’s place of business in Canada, or at any other place that the Minister may designate, any records in respect of the goods in any manner and for any period of time that may be prescribed. The person or entity shall, if an officer so requests, make the records available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of them.

Request for Minister’s decision

39.‍14 A person or entity from which goods were seized under subsection 39.‍06(1), or the lawful owner of the goods, may — within 90 days after the date of the seizure Insertion start and Insertion end by giving notice to the Minister in writing or by any other means satisfactory to the Minister — request a decision of the Minister as to whether Insertion start the officer who seized Insertion end the goods Insertion start had reasonable grounds to believe that the goods were Insertion end proceeds of crime as defined in subsection 462.‍3(1) of the Criminal Code or Insertion start were Insertion end related to money laundering, to the financing of terrorist activities or to sanctions evasion.

Decision of Minister

39.‍18 (1) Within 90 days after the Insertion start end Insertion end of the period referred to in subsection 39.‍17(2), the Minister shall decide whether Insertion start the officer who seized Insertion end the goods Insertion start had the reasonable grounds referred to in section 39.‍14 Insertion end .

Return of goods

39.‍19 If the Minister decides that Insertion start the officer who seized Insertion end the goods Insertion start did not have the reasonable grounds referred to in section 39.‍14 Insertion end , the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the goods or an amount of money equal to their value at the time of the seizure, as the case may be.

Confirmation of forfeiture

39.‍2 If the Minister decides that Insertion start the officer who seized Insertion end the goods Insertion start had the reasonable grounds referred to in section 39.‍14 Insertion end , the Minister may, subject to the terms and conditions that the Minister may determine Insertion start and Insertion end subject to any order made under section 39.‍24 or 39.‍25, confirm that the goods are forfeited to His Majesty in right of Canada.

• (a) has, during the five-year period before the day on which the application was submitted, been found guilty of Insertion start an offence under Insertion end section 74, 75 or 76, subsection 77(1) or section 77.‍1 of this Act;

• c) n’est pas inscrit sous le régime de Insertion start l’article 11.‍1 de Insertion end la présente loi.

• (a) a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of Insertion start an offence under Insertion end section 74, 75 or 76, subsection 77(1) or section 77.‍1 of this Act;

• c) le Centre a révoqué, au titre Insertion start des paragraphes 11.‍11(2), 11.‍13(2) ou 11.‍17(2) ou de l’article 11.‍171 Insertion end de la présente loi, l’inscription d’un fournisseur de services de paiement enregistré, au sens de l’article 2 de la Loi sur les activités associées aux paiements de détail.

Roll

54.‍2 (1) The Centre is responsible for establishing and maintaining a roll of prescribed information submitted under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008 or 11.‍401.

Organization and keeping of roll

(2) The roll is to be organized in any manner and kept in any form that the Centre may determine.

Public access

(3) The Centre shall make available to the public the part of the information referred to in subsection (1) that is identifying information as defined in the regulations.

Verification of information

(4) The Centre may verify information submitted under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008, 11.‍401 or 11.‍4012.

Accuracy of information

(5) The Centre shall, in accordance with the regulations, ensure that inaccurate information on the roll is corrected.

Analysis of information

(6) 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).

Retention of information

(7) Subject to section 6 of the Privacy Act, the Centre shall retain information referred to in subsection (4) for 10 years beginning on the day on which the Centre denies an application for enrolment or for its renewal, on which an enrolled person or entity notifies the Centre under section 11.‍4012 or on which a person or entity is no longer enrolled with the Centre.

• Start of inserted block

  (b.‍3) information provided under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008, 11.‍401 or 11.‍4012 except for identifying information referred to in subsection 54.‍2(3);

  End of inserted block

• Start of inserted block

  (f.‍2) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;

  End of inserted block

• Start of inserted block

  (d.‍1) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;

  End of inserted block

To ensure compliance

62 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of any person or entity referred to in section 5 Insertion start or any person or entity that the authorized person believes on reasonable grounds to be a person or entity referred to in that section Insertion end for the purpose of ensuring compliance with Part 1 or 1.‍1, and for that purpose may

Personne autorisée

72.‍1 S’agissant d’une personne ou entité visée à l’alinéa 5h.‍1), il suffit, pour que les avis soient considérés comme signifiés par le Centre ou à sa demande, qu’ils soient signifiés à la personne dont le nom est indiqué dans la demande d’inscription Insertion start visée au paragraphe 11.‍12(1) Insertion end — ou qui est fourni conformément au paragraphe 11.‍13(1) — qui est autorisée à accepter, au nom de la personne ou entité visée à cet alinéa, des avis signifiés par le Centre en vertu de la présente loi ou que celui-ci fait signifier en vertu de celle-ci.

• Start of inserted block

  (j.‍1) respecting the enrolment referred to in sections 11.‍4001 to 11.‍4015;

  End of inserted block

Notices of Violation, Compliance Agreements, Insertion start Compliance Orders Insertion end and Penalties

• (b) classifying each Insertion start prescribed Insertion end violation as a minor violation, a serious violation or a very serious violation and classifying a series of minor violations as a serious violation or a very serious violation;

• (c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any Insertion start prescribed Insertion end violation;

Maximum penalties — prescribed violation

(2) The maximum penalty for a Insertion start prescribed Insertion end violation is $ Insertion start 4,000,000 Insertion end if the violation is committed by a person and $ Insertion start 20,000,000 Insertion end if the violation is committed by an entity.

Maximum penalties — cumulative

(3) The maximum penalty for all the prescribed violations identified on a notice of violation taken together is

• (a) in the case of a person, the greater of $4,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and

• (b) in the case of an entity, the greater of $20,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.

  End of inserted block

Gross global revenue — affiliated entities

(4) If an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.‍8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (3)‍(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed.

Criteria for penalty

73.‍11 Except if a penalty is fixed under paragraph 73.‍1(1)‍(c), the amount of a penalty shall, in each case, be determined taking into account

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start the fact Insertion end that penalties have as their purpose to encourage compliance with this Act rather than to punish;

• Insertion start (b) Insertion end  the harm done by the violation;

• Start of inserted block

  (c) the ability of the person or entity to pay the amount; and

  End of inserted block

• Insertion start (d) Insertion end  any other criteria that may be prescribed by regulation.

Information respecting ability to pay

73.‍111 (1) Subject to subsection (2), if the Centre requests information from the person or entity to enable the Centre to take into account paragraph 73.‍11(c), the person or entity may, in any representations made under subsection 73.‍15(2) with respect to that paragraph, rely only on information that the person or entity provided to the Centre before the deadline indicated by the Centre.

New information

(2) In the representations, the person or entity may rely on new information with respect to paragraph 73.‍11(c) only if

• (a) that information is with respect to facts that arose after the deadline;

• (b) that information was not reasonably available before the deadline; or

• (c) the person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline.

  End of inserted block

Violation or offence

73.‍12 If an Insertion start act or omission may Insertion end be proceeded with as a violation or as an offence, proceeding Insertion start with it Insertion end in one manner precludes proceeding Insertion start with it Insertion end in the other.

Prescribed violations

73.‍13 Every contravention that is designated under paragraph 73.‍1(1)‍(a) constitutes a Insertion start prescribed Insertion end violation and the person or entity that commits the Insertion start prescribed Insertion end violation is liable to a penalty determined in accordance with sections 73.‍1 and 73.‍11.

Notice of violation

Insertion start 73.‍131 Insertion end  If the Centre believes on reasonable grounds that a person or entity has committed a Insertion start prescribed Insertion end violation or Insertion start a compliance order violation Insertion end , the Centre may issue and cause to be served on the person or entity a notice of violation.

Contents of notice

73.‍14 (1) When the Centre issues a notice of violation, the notice shall name the person or entity believed to have committed a violation, identify the violation and set out

Notice of decision and right of appeal

(4) The Director shall cause notice of any decision made under subsection (2) or the penalty imposed under subsection (3) to be issued and served on the person or entity together with, in the case of a decision made under subsection (2) in respect of a serious violation, Insertion start a Insertion end very serious violation or Insertion start a compliance order violation Insertion end , notice of the right of appeal under subsection 73.‍21(1).

Compliance Agreements, Insertion start Compliance Orders and Compliance Order Violations Insertion end

Compliance agreement

Mandatory content

• (a) the measures that are to be taken by the person or entity to comply with the provision; and

• (b) the deadline for complying with the agreement.

  End of inserted block

Extension of deadline

Refusal to enter into agreement

Compliance order

Mandatory content

• (a) a requirement that the person or entity comply with the provision;

• (b) a requirement that the person or entity make public the measures taken or to be taken by the person or entity to comply with the provision; and

• (c) the deadline for complying with the order.

  End of inserted block

Reasons

Publication of compliance order

Extension of deadline for compliance

Compliance order violation

Penalty

• (a) in the case of a person, the greater of $5,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and

• (b) in the case of an entity, the greater of $30,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.

  End of inserted block

Gross global revenue — affiliated entities

Right of appeal

73.‍21 (1) A person or entity on which a notice of a decision made under subsection 73.‍15(2) is served, in respect of a serious violation, Insertion start a Insertion end very serious violation or Insertion start a compliance order violation Insertion end , may, within 30 days after the day on which the notice is served, or within any longer period that the Court allows, appeal the decision to the Federal Court.

Publication

73.‍22 (1) In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation, the name of the person or entity and the amount of the applicable penalty:

Collecting penalties

73.‍27 (1) The Centre may, for the purpose of collecting penalties proposed in a notice of violation or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of Insertion start His Insertion end Majesty in right of Canada.

Evidence

73.‍4 In a proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under Insertion start section 73.‍131 Insertion end , a notice of decision purporting to be issued under subsection 73.‍15(4) or a certificate purporting to be made under subsection 73.‍26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

• (a) on summary conviction, to a fine of not more than $ Insertion start 2,500,000 Insertion end or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $ Insertion start 5,000,000 Insertion end or to imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $ Insertion start 2,500,000 Insertion end or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $ Insertion start 5,000,000 Insertion end or to imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $ Insertion start 10,000,000 Insertion end or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $ Insertion start 20,000,000 Insertion end or to imprisonment for a term of not more than five years, or to both.

Disclosure

76 Every person or entity that contravenes section 8 is guilty of an offence and liable

• Start of inserted block

  (a) on summary conviction, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; or

  End of inserted block

• (b)  Insertion start on conviction on indictment, to a fine Insertion end of Insertion start not more than $2,500,000 Insertion end or to imprisonment for a term of not more than two years, Insertion start or to both Insertion end .

Reporting — section 9

77 (1) Every person or entity that contravenes subsection 9(1) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $ Insertion start 10,000,000 Insertion end .

Reporting — section 11.‍43

(2) Every person or entity that contravenes section 11.‍43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.‍42(2)‍(e) and specified in a directive issued under subsection 11.‍42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $ Insertion start 10,000,000 Insertion end .

Provision of information

77.‍1  Insertion start (1) Insertion end  Every person or entity that, under this Act, Insertion start is required to provide Insertion end information to the Centre or to a person responsible for carrying out functions under this Act is guilty of an offence Insertion start if they knowingly Insertion end

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start withhold material Insertion end information;

• Insertion start (b) Insertion end Insertion start   Insertion end Insertion start make Insertion end a false or misleading statement, Insertion start including by omission Insertion end ; or

• Insertion start (c) Insertion end Insertion start   Insertion end Insertion start provide Insertion end false or misleading information, Insertion start including by omission Insertion end .

Punishment

(2) Every person or entity that commits an offence under subsection (1) is liable

• (a) on summary conviction, to a fine of not more than $ Insertion start 2,500,000 Insertion end or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $ Insertion start 5,000,000 Insertion end or to imprisonment for a term of not more than five years, or to both.

Punishment

(2) Every person or entity that commits an offence under subsection (1) Insertion start is liable Insertion end

• (a) on summary conviction, Insertion start to a fine Insertion end of Insertion start not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both Insertion end ; or

• (b)  Insertion start on conviction on indictment, to a fine Insertion end of Insertion start not more than $2,500,000 Insertion end or to imprisonment for a term of not more than five years, Insertion start or to both Insertion end .

• (a) on summary conviction, to a fine Insertion start of not more than $1,000,000 Insertion end or imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine Insertion start of not more than $2,500,000 Insertion end or imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $ Insertion start 2,500,000 Insertion end or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $ Insertion start 5,000,000 Insertion end or to imprisonment for a term of not more than five years, or to both.

Time limitation — five years

81 (1) Proceedings under paragraph 74(1)‍(a), 74(2)‍(a), 75(1)‍(a) or 76(a), subsection 77(1) or (2) or paragraph Insertion start 77.‍1(2)‍(a) Insertion end or 77.‍2(2)‍(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose.

• (c) the applicant has been found guilty of Insertion start an offence under Insertion end section 74, 75 or 76, subsection 77(1) or section 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (d) during the five-year period before the day on which the application was submitted, the Director of the Centre, under subsection 73.‍15(4) of that Act, caused a notice of a decision or of an imposed penalty to be issued and served on the applicant in respect of Insertion start a Insertion end serious violation, a very serious violation or Insertion start a compliance order Insertion end violation under that Act;

• (b) the payment service provider has been found guilty of Insertion start an offence under Insertion end section 74, 75 or 76, subsection 77(1) or section 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (c) the Director of the Centre, under subsection 73.‍15(4) of that Act, has caused a notice of a decision or of an imposed penalty to be issued and served on the payment service provider in respect of a serious violation, Insertion start a Insertion end very serious violation or Insertion start a compliance order violation Insertion end under that Act;

Documents : inscription

83.‍3 (1) Toute personne ou entité déterminée qui, à la date de référence, est inscrite auprès du Centre Insertion start en application de l’article 11.‍1 Insertion end lui fournit, selon les modalités réglementaires, les documents visés aux alinéas 11.‍12(1)b) et c), au plus tard au deuxième anniversaire.

• (a) on summary conviction, to a fine of not more than $ Insertion start 2,500,000 Insertion end or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $ Insertion start 5,000,000 Insertion end or to imprisonment for a term of not more than five years, or to both.

• (a) $1 to $ Insertion start 40,000 Insertion end in the case of a minor violation;

• (b) $1 to $ Insertion start 4,000,000 Insertion end in the case of a serious violation; and

• (c) $1 to $ Insertion start 20,000,000 Insertion end in the case of a very serious violation.

• (c) the applicant has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (b) the payment service provider has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

cash means coins referred to in section 7 of the Currency Act, notes referred to in section 7.‍1 of that Act or coins or bank-notes of countries other than Canada.‍ (espèces)

Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Insertion start Other Requirements Insertion end

Third party cash deposits

9.‍21 Except in prescribed circumstances, any entity referred to in paragraph 5(a), (b), (d), (e), (e.‍1), (f) or (l) is prohibited from accepting cash deposits into an account from a depositor who is not the holder of the account or authorized to give instructions on that account.

Offence — cash payments, donations or deposits of $10,000 or more

77.‍5 (1) Every person or entity that is engaged in a business, a profession or the solicitation of charitable financial donations from the public commits an offence if the person or entity accepts a cash payment, donation or deposit of $10,000 or more in a single transaction or in a prescribed series of related transactions that total $10,000 or more.

Foreign currency

(2) For the purposes of subsection (1), if a cash payment, donation or deposit is made in a foreign currency, the equivalent value in Canadian dollars of that payment, donation or deposit is calculated

• (a) in accordance with the exchange rate published by the Bank of Canada for the date on which the payment, donation or deposit was accepted; or

• (b) if no exchange rate is published by the Bank of Canada for that foreign currency, the exchange rate that the person or entity would use in the ordinary course of business at the time of the payment, donation or deposit.

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Exceptions

(3) Subsection (1) does not apply to any person or entity that

• (a) is referred to in paragraph 5(a), (b), (d), (e), (e.‍1), (f) or (l);

• (b) is prescribed; or

• (c) accepts a cash payment, donation or deposit of a prescribed class.

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Punishment

(4) Every person or entity that is guilty of an offence under subsection (1) is liable

• (a) on summary conviction, to a fine; or

• (b) on conviction on indictment, to a fine of not more than three times the amount of the payment, donation or deposit accepted.

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Offence by employee, agent or mandatary

79 In a prosecution for an offence under section 75, 77 or Insertion start 77.‍5 Insertion end ,

Time limitation — eight years

(2) Proceedings under paragraph 77.‍3(3)‍(a), 77.‍4(a) or Insertion start 77.‍5(4)‍(a) Insertion end may be instituted within, but not after, eight years after the time when the subject-matter of the proceedings arose.

Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration, Enrolment and Other Requirements

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  (e) the Director of the Financial Transactions and Reports Analysis Centre of Canada.

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Office of the Superintendent of Financial Institutions Act

53.‍41 (1) For the purpose referred to in subsection 18(3) of the Office of the Superintendent of Financial Institutions Act, the Director may disclose to, and collect from, the other members of the committee established under subsection 18(1) of that Act any information referred to in that subsection 18(3).

Limitation — Director

(2) The Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.‍1.

Purpose

2 (1) The purpose of this Act is to help police services Insertion start and other law enforcement agencies Insertion end prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

• (a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services Insertion start and other law enforcement agencies Insertion end must have rapid access to certain information relating to sex offenders;

• (i) the information be collected only to enable police services Insertion start and other law enforcement agencies Insertion end to prevent or investigate crimes of a sexual nature, and

• (b) in an area in which an Insertion start Indigenous Insertion end police service is responsible for policing, a member of that police service.‍ (membre d’un service de police)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone)

• (d) they are released from custody Insertion start on Insertion end the Insertion start expiry Insertion end of Insertion start the Insertion end sentence for the offence in connection with which the order is made Insertion start or on statutory release, full parole or day parole, as those terms are defined in subsection 99(1) of the Corrections and Conditional Release Act, or work release as defined in subsection 18(1) of that Act Insertion end .

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  (b.‍01) within seven days after a change to the license plate number, make, model, body type, year of manufacture or colour of a motor vehicle that is registered in their name or that they use regularly or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

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  (c) within 30 days before each anniversary of the day on which they were required to report to a registration centre under subsection 4(1) or (2), as the case may be.

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Additional information

(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any Insertion start physical Insertion end characteristic that may assist in the sex Insertion start offender’s Insertion end identification, including their eye colour, hair colour and Insertion start any tattoos and distinguishing marks Insertion end , and may require that Insertion start the sex offender’s Insertion end photograph be taken.

For greater certainty

(1.‍03) For greater certainty, the death of a family member of the sex offender, a critical illness affecting a family member of the sex offender or another family emergency may constitute a reasonable excuse, having regard to the circumstances.

Canada Border Services Agency — disclosure of information

15.‍3 The Canada Border Services Agency may disclose the following information in respect of a sex offender to a member or employee of, or a person retained by, a law enforcement agency for the purpose of the administration or enforcement of this Act:

• (a) the surname, first name and middle names, any alias, the date of birth, the citizenship or nationality and the sex of the sex offender;

• (b) the type and number of each travel document that identifies the sex offender and the name of the country or organization that issued it;

• (c) the date, time and place of the sex offender’s departure from Canada, their country of destination, the date, time and place of their arrival in Canada and the last country from which they arrived; and

• (d) in the case of an arrival in or departure from Canada by aircraft, the flight code that identifies the air carrier, as defined in subsection 3(1) of the Aeronautics Act, and the flight number.

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• (b.‍1) a Insertion start member or employee of, or a person retained by, a police service Insertion end who consults information at a registration centre designated under the National Defence Act to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with an obligation under section 490.‍019 or 490.‍02901 of the Criminal Code, section 227.‍06 of the National Defence Act or section 36.‍1 of the International Transfer of Offenders Act;

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  (c.‍1) a member or employee of, or a person retained by, the Canada Border Services Agency who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;

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• (c) unless the disclosure is to a member or employee of, or a person retained by, a Insertion start law enforcement agency Insertion end and Insertion start there are reasonable grounds to believe that the disclosure will Insertion end

• (i)  Insertion start assist Insertion end them Insertion start in the investigation of Insertion end an offence under section 17 or Insertion start in the laying of Insertion end a charge for such an offence,

• (i.‍1)  Insertion start assist Insertion end them Insertion start in the verification of Insertion end the sex offender’s compliance with section 5,

• (ii)  Insertion start assist Insertion end them Insertion start in the prevention Insertion end or Insertion start investigation of Insertion end a crime of a sexual nature, an offence under section 119.‍1 of the National Defence Act, an offence under section 490.‍031 or 490.‍0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or Insertion start assist Insertion end them Insertion start in the laying of Insertion end a charge for such an offence,

• (iii)  Insertion start assist Insertion end them Insertion start in the investigation of Insertion end a criminal offence or a service offence, Insertion start as defined in Insertion end subsection 2(1) of the National Defence Act or Insertion start in the laying of Insertion end a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), or

• (iv)  Insertion start assist Insertion end them Insertion start in obtaining Insertion end a warrant under subsection 490.‍03121(1) of the Criminal Code and Insertion start executing Insertion end the warrant;