Bill C-22

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	Third Party Claims
Interest as owner	32. (1) If currency or monetary instruments have been seized as forfeit under this Part, any person, other than the person in whose possession the currency or monetary instruments were when seized, who claims an interest in the currency or monetary instruments as owner may, within 60 days after the seizure, apply by notice in writing to the court for an order under section 33.
Date of hearing	(2) A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing.
Notice to Commissioner	(3) A person who makes an application under this section shall serve notice of the application and of the hearing on the Commissioner, or an officer designated by the Commissioner for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.
Service of notice	(4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the Commissioner.
Definition of ``court''	(5) In this section and sections 33 and 34, ``court'' means
	(a) in the Province of Ontario, the Superior Court of Justice;
	(b) in the Province of Quebec, the Superior Court;
	(c) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;
	(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench;
	(e) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; and
	(f) in Nunavut, the Nunavut Court of Justice.
Order	33. If, on the hearing of an application made under subsection 32(1), the court is satisfied
	(a) that the applicant acquired the interest in good faith before the contravention in respect of which the seizure was made,
	(b) that the applicant is innocent of any complicity in the contravention of subsection 12(1) that resulted in the seizure and of any collusion in relation to that contravention, and
	(c) that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with subsection 12(1),
	the applicant is entitled to an order declaring that their interest is not affected by the seizure and declaring the nature and extent of their interest at the time of the contravention.
Appeal	34. (1) A person who makes an application under section 32 or Her Majesty in right of Canada may appeal to the court of appeal from an order made under section 33 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court.
Definition of ``court of appeal''	(2) In this section, ``court of appeal'' means, in the province in which an order referred to in subsection (1) is made, the court of appeal for that province as defined in section 2 of the Criminal Code.
Delivery after final order	35. (1) The Minister of Public Works and Government Services shall, after the forfeiture of currency or monetary instruments has become final and on being informed by the Commissioner that a person has obtained a final order under section 33 or 34 in respect of the currency or monetary instruments, give to the person
	(a) the currency or monetary instruments; or
	(b) an amount calculated on the basis of the interest of the applicant in the currency or monetary instruments at the time of the contravention in respect of which they were seized, as declared in the order.
Limit on amount paid	(2) The total amount paid under paragraph (1)(b) shall, if the currency or monetary instruments were sold or otherwise disposed of under the Seized Property Management Act, not exceed the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the currency or monetary instruments.
	Disclosure of Information
Prohibition	36. (1) Subject to this section and subsection 12(1) of the Privacy Act, no official shall disclose the following:
	(a) information set out in a report made under subsection 12(1), whether or not it is completed;
	(b) any other information obtained for the purposes of this Part; or
	(c) information prepared from information referred to in paragraph (a) or (b).
Disclosure of information to a police force	(2) An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to investigating or prosecuting a money laundering offence may disclose the information to the appropriate police force.
Disclosure of information to the Centre	(3) An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be of assistance to the Centre in the detection, prevention or deterrence of money laundering may disclose the information to the Centre.
Recording of reasons for decision	(3.1) If an officer decides to disclose information under subsection (2) or (3), the officer shall record in writing the reasons for the decision.
Powers, duties and functions	(4) An official may disclose information referred to in subsection (1) for the purpose of exercising powers or performing duties and functions under this Part.
Immunity from compulsory processes	(5) Subject to section 36 of the Access to Information Act and section 34 of the Privacy Act, an official is required to comply with a subpoena, an order for production of documents, a summons or any other compulsory process only if it is issued in the course of
	(a) criminal proceedings under an Act of Parliament that have been commenced by the laying of an information or the preferring of an indictment; or
	(b) any legal proceedings that relate to the administration or enforcement of this Part.
Definition of ``official''	(6) In this section and section 37, ``official'' means a person who obtained or who has or had access to information referred to in subsection (1) in the course of exercising powers or performing duties and functions under this Part.
Use of information	37. No official shall use information referred to in subsection 36(1) for any purpose other than exercising powers or performing duties and functions under this Part.
	Agreements for Exchange of Information
Agreements with foreign states	38. (1) The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has reporting requirements similar to those set out in this Part, whereby
	(a) information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Customs and Revenue Agency; and
	(b) information contained in reports in respect of currency or monetary instruments imported into that state from Canada will be provided to the Canada Customs and Revenue Agency.
Information sent under an agreement	(2) When an agreement or arrangement referred to in subsection (1) is in effect with a foreign state or an institution or agency of that state and a person fulfils the reporting requirements of that state in respect of currency or monetary instruments that are imported into that state from Canada, the person is deemed to have fulfilled the requirements set out in section 12 in respect of the exportation of the currency or monetary instruments.
Information received by the Centre	(3) The information received under an agreement or arrangement referred to in subsection (1) shall be sent to the Centre and, for the purposes of any provision of this Act dealing with the confidentiality of information or the collection or use of information by the Centre, is deemed to be information set out in a report made under section 12.
	Delegation
Minister's duties	39. (1) The Minister may authorize an officer or a class of officers to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Part.
Commissioner 's duties	(2) The Commissioner may authorize an officer or a class of officers to exercise powers or perform duties of the Commissioner under this Part.
	PART 3
	FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CENTRE OF CANADA
	Object
Object	40. The object of this Part is to establish an independent agency that
	(a) acts at arm's length from law enforcement agencies and other entities to which it is authorized to disclose information;
	(b) collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering;
	(c) ensures that personal information under its control is protected from unauthorized disclosure;
	(d) operates to enhance public awareness and understanding of matters related to money laundering; and
	(e) ensures compliance with Part 1.
	Establishment of the Centre
Centre established	41. (1) There is hereby established the Financial Transactions and Reports Analysis Centre of Canada.
Powers of Centre	(2) The Centre may exercise powers only as an agent of Her Majesty in right of Canada.
Minister is responsible	42. (1) The Minister is responsible for the Centre.
Minister may direct	(2) The Minister may direct the Centre on any matter that, in the Minister's opinion, materially affects public policy or the strategic direction of the Centre.
Statutory instruments	(3) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.
Advisor	(4) The Minister may from time to time engage the services of any person to advise and report to the Minister on any matter referred to in subsection (2).
	Organization and Head Office
Appointment of Director	43. (1) The Governor in Council shall appoint a Director to hold office during pleasure for a term of not more than five years.
Reappointmen t	(2) Subject to subsection (3), the Director is eligible to be reappointed on the expiry of a first or subsequent term of office.
Limitation	(3) No person shall hold office as Director for terms of more than ten years in the aggregate.
Absence or incapacity	(4) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint a qualified person to hold office instead of the Director for a term of not more than six months, and the person shall, while holding that office, have all of the powers, duties and functions of the Director under this Part.
Delegation by Director	(5) The Director may delegate to any person, subject to any terms and conditions that the Director may specify, any power, duty or function conferred on the Director under this Act.
Accident compensation	44. The Director and the employees of the Centre are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.
Director's powers	45. (1) The Director is the chief executive officer of the Centre, has supervision over and direction of its work and employees and may exercise any power and perform any duty or function of the Centre. The Director has the rank and all the powers of a deputy head of a department.
Directions to authorized persons	(2) The Director may authorize any person to act, under the Director's direction, for the purposes of sections 62 to 64.
Employees	46. An employee of the Centre may exercise any power and perform any duty or function of the Centre if the employee is appointed to serve in the Centre in a capacity appropriate to the exercise of the power or the performance of the duty or function.
Remunera- tion	47. The Director shall be paid the remuneration fixed by the Governor in Council.
Head office	48. (1) The head office of the Centre is to be in the National Capital Region, as described in the schedule to the National Capital Act.
Other offices	(2) The Director may, with the approval of the Minister, establish other offices of the Centre elsewhere in Canada.