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Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

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Assented to 2024-06-20

PART 4Various Measures (continued)

DIVISION 34Money Laundering, Terrorist Financing, Sanctions Evasion and Other Measures (continued)

SUBDIVISION A2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act (continued)

342 (1) Subsection 55(3) of the Act is amended by adding the following after paragraph (d):
- (d.1) the Department of Citizenship and Immigration, if the Centre also determines that the information is relevant to determining whether a person is a person described in subsection 10(1), 19(2) or 22(1) of the Citizenship Act;
(2) Subsection 55(3) of the Act is amended by adding the following after paragraph (g):
- (g.1) an agency or body that administers the civil asset forfeiture legislation of a province, if the Centre also has reasonable grounds to suspect that the information would be relevant to proceedings under that legislation;

343 Subsection 55.1(1) of the Act is amended by adding the following after paragraph (c):

(c.1) the Department of Citizenship and Immigration, if the Centre also determines that the information is relevant to determining whether a person is a person described in subsection 10(1), 19(2) or 22(1) of the Citizenship Act;

344 Subsection 73(1) of the Act is amended by adding the following after paragraph (i):

(i.1) respecting the disclosure of information under subsection 11.01(1) or the collection or use of information under subsection 11.01(2), including the establishment and implementation of codes of practice by persons and entities referred to in section 5 and respecting the roles of the Privacy Commissioner and the Centre in relation to those codes;

345 Section 73.22 of the Act is renumbered as subsection 73.22(1) and is amended by adding the following:

Marginal note:Publication — reasons
(2) In making public the nature of a violation, the Centre may include the reasons for its decision, including the relevant facts, analysis and considerations that formed part of the decision.

346 The Act is amended by adding the following after section 77:

Marginal note:Verifications and reviews — sections 9.92 and 9.93

77.01 Every person or entity that knowingly contravenes section 9.92 or 9.93 is guilty of an offence and liable

(a) on summary conviction, to a fine of not more than $250,000 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 $500,000 or to imprisonment for a term of not more than five years, or to both.

Consequential Amendments

2000, c. 5Personal Information Protection and Electronic Documents Act

347 (1) Subsection 7(1) of the Personal Information Protection and Electronic Documents Act is amended by adding the following after paragraph (b):
- (b.01) it was disclosed under paragraph (3)(d.21);
(2) Paragraph 7(2)(d) of the Act is replaced by the following:
- (d) it was collected under paragraph (1)(a), (b), (b.01) or (e).
(3) Subsection 7(3) of the Act is amended by adding the following after paragraph (d.2):
- (d.21) made to another organization under subsection 11.01(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

SOR/2002-412Cross-border Currency and Monetary Instruments Reporting Regulations

348 The portion of the definition monetary instruments in subsection 1(1) of the Cross-border Currency and Monetary Instruments Reporting Regulations after paragraph (b) is replaced by the following:

For greater certainty, this definition does not apply to securities or negotiable instruments that bear restrictive endorsements or a stamp for the purposes of clearing. (effets)

Coordinating Amendments

Marginal note:2021, c. 23

349 (1) The following definitions apply in this section.
other Act
other Act means the Budget Implementation Act, 2021, No. 1. (autre loi)
Regulations
Regulations means the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations. (règlement)
(2) If section 159 of the other Act comes into force before subsections 340(1) and (3) of this Act, then
- (a) that subsection 340(1) is replaced by the following:
  - 340 (1) Subparagraph 5(h)(ii.1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
    (ii.1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments,
- (b) that subsection 340(3) is replaced by the following:
  - (3) Subparagraph 5(h.1)(ii.1) of the Act is replaced by the following:
    (ii.1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments,
- (c) on the day on which those subsections 340(1) and (3) come into force,
  - (i) the portion of paragraph 36(f.1) of the Regulations before subparagraph (i) is replaced by the following:
    - (f.1) subject to paragraphs (f.2) and (f.3), if, at the request of a person or entity, they transport $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments, a record of
  - (ii) the portion of paragraph 36(f.2) of the Regulations before subparagraph (i) is replaced by the following:
    - (f.2) subject to paragraph (f.3), if, at the request of a person or entity, they transport cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments in an amount that has not been declared and that they cannot readily determine, a record of
  - (iii) the portion of paragraph 36(f.3) of the Regulations before subparagraph (i) is replaced by the following:
    - (f.3) if, at the request of an entity referred to in paragraph 5(a) or (b) of the Act, they transport cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments, a record of
  - (iv) paragraph 95(1)(c.1) of the Regulations is replaced by the following:
    - (c.1) requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments;
  - (v) paragraph 95(3)(a) of the Regulations is replaced by the following:
    - (a) that requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments;
  - (vi) paragraph 95(4)(a) of the Regulations is replaced by the following:
    - (a) that requests that they transport an amount of $1,000 or more in cash or virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or an amount of $3,000 or more in money orders, traveller’s cheques or other similar negotiable instruments;
  - (vii) paragraph 120(1)(b.1) of the Regulations is replaced by the following:
    - (b.1) a person who requests that the money services business transport an amount of $100,000 or more in cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments;
  - (viii) paragraph 120(2)(b.1) of the Regulations is replaced by the following:
    - (b.1) a person who requests that the foreign money services business transport an amount of $100,000 or more in cash, virtual currency within the meaning of paragraph (b) of the definition of that term in subsection 1(2) or money orders, traveller’s cheques or other similar negotiable instruments;
(3) If section 159 of the other Act comes into force on the same day as subsections 340(1) and (3) of this Act, then that section 159 is deemed to have come into force before those subsections 340(1) and (3) and subsection (2) applies as a consequence.

Marginal note:Bill C-27

350 (1) Subsections (2) to (4) apply if Bill C-27, introduced in the 1st session of the 44th Parliament and entitled the Digital Charter Implementation Act, 2022 (in this section referred to as the “other Act”), receives royal assent.
(2) If section 3 of the other Act comes into force before section 347 of this Act, then
- (a) that section 347 and the heading before it are repealed; and
- (b) the Consumer Privacy Protection Act is amended by adding the following after section 27:
  Marginal note:Money laundering, terrorist activity financing or sanctions evasion
  - 27.1 (1) An organization may disclose an individual’s personal information to another organization without the individual’s knowledge or consent if the disclosure is made under subsection 11.01(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
  - Marginal note:Collection and use
    (2) An organization may collect or use an individual’s personal information without their knowledge or consent if the information was disclosed to the organization under subsection (1).
(3) If section 347 of this Act comes into force before section 3 of the other Act, then, on the day on which that section 3 comes into force, the Consumer Privacy Protection Act is amended by adding the following after section 27:
Marginal note:Money laundering, terrorist activity financing or sanctions evasion
- 27.1 (1) An organization may disclose an individual’s personal information to another organization without the individual’s knowledge or consent if the disclosure is made under subsection 11.01(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
- Marginal note:Collection and use
  (2) An organization may collect or use an individual’s personal information without their knowledge or consent if the information was disclosed to the organization under subsection (1).
(4) If section 3 of the other Act comes into force on the same day as section 347 of this Act, then that section 3 is deemed to have come into force before that section 347 and subsection (2) applies as a consequence.

Coming into Force

Marginal note:Royal assent or July 1, 2024

351 (1) Subsections 340(1) and (3) and section 348 come into force on the later of July 1, 2024 and the day on which this Act receives royal assent.
Marginal note:Order in council
(2) Subsections 340(2) and (4) and 342(2) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(3) Sections 341, 344 and 347 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(4) Section 346 comes into force on day to be fixed by order of the Governor in Council but that day must not be before the day on which section 182 of the Budget Implementation Act, 2023, No. 1 comes into force.

SUBDIVISION BIncome Tax Act and Excise Tax Act

R.S., c. 1 (5th Supp.)Income Tax Act

352 The portion of subsection 231.3(7) of the Income Tax Act before paragraph (a) is replaced by the following:

Marginal note:Return of things seized
(7) Subject to section 231.32, if any document or thing seized under subsection (1) or (5) is brought before a judge or a report in respect of any document or thing seized is made to a judge, the judge may, of the judge’s own motion or on summary application by a person with an interest in the document or thing on three clear days notice of application to the Deputy Attorney General of Canada, order that the document or thing be returned to the person from whom it was seized or the person who is otherwise legally entitled to it if the judge is satisfied that the document or thing

353 The Act is amended by adding the following after section 231.3:

Marginal note:Warrant under Criminal Code

231.31 (1) For the purposes of this Act and subject to subsection (2), a warrant may be issued under subsection 487.01(1) of the Criminal Code to an authorized person even though that person is not a peace officer.
Marginal note:Video surveillance not authorized
(2) The warrant is not to authorize the observation of a person by means of a video camera or other similar electronic device.

Marginal note:Things seized

231.32 (1) Subsection (2) applies to an authorized person who has seized anything
- (a) under a warrant issued under the Criminal Code;
- (b) under section 487.11 or 489 of the Criminal Code; or
- (c) in the execution of duties under this Act.
Marginal note:Restitution of things seized and report
(2) If the authorized person is satisfied that the circumstances set out in subparagraphs 489.1(1)(a)(i) and (ii) of the Criminal Code apply in respect of the thing seized, the authorized person is, as soon as practicable, to return the thing seized and report in accordance with paragraph 489.1(1)(a) of that Act.

R.S., c. E-15Excise Tax Act

354 The portion of subsection 290(7) of the Excise Tax Act before paragraph (a) is replaced by the following:

Marginal note:Return of things seized
(7) Subject to section 290.2, if any document or thing seized under subsection (1) or (5) is brought before a judge or a report in respect of any document or thing seized is made to a judge, the judge may, on the judge’s own motion or on summary application by a person with an interest in the document or thing on three clear days notice of application to the Deputy Attorney General of Canada, order that the document or thing be returned to the person from whom it was seized or the person who is otherwise legally entitled to it, if the judge is satisfied that the document or thing

355 The Act is amended by adding the following after section 290: