Bill C-2: An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures

Short Title Short title 1 This Act may be cited as the Strong Borders Act . PART 1 R.S., c. 1 (2nd Supp.) Customs Act Amendments to the Act 2 (1) The portion of subsection 6(1) of the Customs Act before paragraph (a) is replaced by the following: 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 : (2) Paragraphs 6(1)(a) and (b) of the English version of the Act are replaced by the following: (a) an international bridge or tunnel, for the use of which a toll or other charge is payable, (b) a railway operating internationally, or (3) Subsection 6(1) of the Act is amended by replacing paragraph (c) and the portion after paragraph (c) with the following: (c) an airport, wharf or dock that receives conveyances operating internationally, whether they are arriving in, departing from or expected to depart from Canada , and in respect of which a customs office has been designated under section 5. (4) Subsection 6(3) of the French version of the Act is replaced by the following: Règlements (3) Sous réserve du paragraphe (4), le gouverneur en conseil peut, par règlement, déterminer les locaux ou autres installations qui sont adéquats aux fins visées au paragraphe (1). 3 The heading of Part V of the Act is replaced by the following: Exportation 4 The Act is amended by adding the following after section 97: 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. Transitional Provisions No action against owners or operators 5 (1) No action or judicial proceeding by His Majesty in right of Canada lies against any owner or operator referred to in subsection 6(1) of the Customs Act for the reimbursement of any sum that His Majesty paid to the owner or operator with respect to buildings, accommodations or other facilities that were used, before the day on which section 2 comes into force, for carrying out any purpose related to the administration and enforcement of program legislation , as defined in section 2 of the Canada Border Services Agency Act , including the proper detention and examination of goods or the proper search of persons. No action against His Majesty (2) No action or judicial proceeding by an owner or operator referred to in subsection 6(1) of the Customs Act lies against His Majesty in right of Canada for the reimbursement of any cost incurred with respect to buildings, accommodations or other facilities that the owner or operator provided, equipped or maintained free of charge in accordance with that subsection, as it read before the day on which section 2 comes into force, and that were used, before that day, for carrying out any purpose related to the administration and enforcement of program legislation , as defined in section 2 of the Canada Border Services Agency Act . Pending action or judicial proceeding (3) Subsections (1) and (2) apply in respect of any action or judicial proceeding that is pending on the day on which this section comes into force. PART 2 1996, c. 19 Controlled Drugs and Substances Act Amendments to the Act 6 The definitions controlled substance and precursor in subsection 2(1) of the Controlled Drugs and Substances Act are replaced by the following: controlled substance  means a substance included in any of Schedules I to IV or in Part 1 of Schedule V; ( substance désignée ) precursor  means a substance included in Part 2 of Schedule V or in Schedule VI; ( précurseur ) 7 Paragraph 55(1)(u) of the Act is repealed. 8 Section 60.1 of the Act is amended by adding the following after subsection (2): 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. 9 The Act is amended by adding the following after section 60.1: 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). 10 Schedule V to the Act is replaced by the Schedule V set out in Schedule 1 to this Act. Related Amendments SOR/97- 234 Controlled Drugs and Substances Act (Police Enforcement) Regulations 11 The Controlled Drugs and Substances Act (Police Enforcement) Regulations are amended by replacing “in Schedule I, II, III or IV of the Act” with “in any of Schedules I to V to the Act” in the following provisions: (a) the portion of section 5.1 before paragraph (a); and (b) the portion of section 5.2 before paragraph (a). SOR/2002- 359 Precursor Control Regulations 12 The definitions Class A precursor and Class B precursor in section 1 of the Precursor Control Regulations are replaced by the following: Class A precursor  means any of the following precursors : (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; (c) a precursor included in Part 1 of Schedule VI to the Act; (d) a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 1 of that Schedule . ( précurseur de catégorie A ) Class B precursor  means any of the following precursors : (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; (c) a precursor included in Part 2 of Schedule VI to the Act; (d) a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 2 of that Schedule . ( précurseur de catégorie B ) 13 The Regulations are amended by adding the following after section 91: Temporarily Scheduled Precursors 91.01 (1) The Minister may, by order, add to the schedule a temporarily scheduled precursor and the maximum quantity for it that the Minister considers appropriate. (2) The Minister may, by order, delete from the schedule any item for which a temporarily scheduled precursor is set out or any portion of such an item. (3) An item of the schedule to these Regulations for which a temporarily scheduled precursor is set out, or any portion of such an item, is deleted from that schedule on the day on which the corresponding item or portion of an item is deleted from Schedule V to the Act. (4) In this section, temporarily scheduled precursor means a precursor set out in column 1 of Table 1 or 2 of Part 2 of Schedule V to the Act. 14 The schedule to the Regulations is amended by replacing the references after the heading “SCHEDULE” with the following: (Paragraph 5(b), section 8, subsection 9(1.1), section 91.01, subsection 91.3(1), section 91.9, subsection 91.92(1), paragraph 91.96(c) and section 92) 15 The heading of column 1 of the schedule to the Regulations is replaced by “Substance”. 16 The schedule to the Regulations is amended by adding the following after item 33: Column 1 Column 2 Item Substance Maximum Quantity (expressed as an absolute amount or per package) 34 Phenethyl bromide ((2-bromoethyl)benzene) 0 35 Propionic anhydride (propanoic anhydride) 0 17 The Regulations are amended by replacing “in Part 1 of Schedule VI” with “in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI” in the following provisions: (a) subsection 8(2); (b) subparagraph 14(1)(b)(iii); (c) subparagraphs 25(1)(c)(iii) and (iv); (d) paragraph 28.1(1)(e); (e) subparagraphs 32(1)(c)(iii) and (iv); (f) paragraph 35.1(1)(e); (g) subparagraphs 39(1)(d)(iii) and (iv); (h) subparagraphs 47(2)(a)(ii) and (4)(d)(ii); (i) subparagraph 48(1)(c)(iii) and paragraph 48(1)(d); (j) section 50; (k) paragraph 54(a); (l) subparagraph 85(1)(a)(iii) and paragraph 85(1)(c); and (m) subparagraphs 91(3)(d)(iii) and (iv). 18 The Regulations are amended by replacing “in Part 2 of Schedule VI” with “in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI” in the following provisions: (a) section 55; (b) subparagraph 60(1)(c)(ii); (c) subparagraphs 69(1)(c)(ii) and (iii); (d) paragraph 72.1(1)(e); (e) subparagraph 76(1)(c)(iii) and paragraph 76(1)(d); (f) section 78; (g) paragraph 82(a); and (h) subparagraph 85(4)(a)(ii). 19 The Regulations are amended by replacing “in Parts 1 or 2 of Schedule VI” with “in Table 1 or 2 of Part 2 of Schedule V or in Part 1 or 2 of Schedule VI” in the following provisions: (a) paragraph 86(2)(b) and subparagraph 86(3)(c)(iii); and (b) subparagraphs 91(1)(d)(iii) and (iv). Repeal SOR/2025-64 20 The Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol) is repealed. Coordinating Amendments SOR/2025-64 21 (1) The following definitions apply in this section. Order  means the Order Amending Schedule V to the Controlled Drugs and Substances Act (Fentanyl Precursors and Carisoprodol) . ( arrêté ) other Act  means the Controlled Drugs and Substances Act . ( autre loi ) (2) If section 2 of the Order comes into force before section 10 of this Act, then item 1 of Part 1 of Schedule V to the other Act is deleted from that Schedule V at the beginning of the day on which that section 10 comes into force. (3) If section 2 of the Order comes into force on the same day as section 10 of this Act, then that section 2 is deemed not to have come into force and item 1 of Part 1 of Schedule V to the other Act is deleted from that Schedule V. (4) If section 3 of the Order comes into force before section 10 of this Act, then item 1 of Table 1 and item 1 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V at the beginning of the day on which that section 10 comes into force. (5) If section 3 of the Order comes into force on the same day as section 10 of this Act, then that section 3 is deemed not to have come into force and item 1 of Table 1 and item 1 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V. (6) If section 4 of the Order comes into force before section 10 of this Act, then item 2 of Table 1 and item 2 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V at the beginning of the day on which that section 10 comes into force. (7) If section 4 of the Order comes into force on the same day as section 10 of this Act, then that section 4 is deemed not to have come into force and item 2 of Table 1 and item 2 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V. (8) If section 5 of the Order comes into force before section 10 of this Act, then item 1 of Table 2 and item 3 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V at the beginning of the day on which that section 10 comes into force. (9) If section 5 of the Order comes into force on the same day as section 10 of this Act, then section 5 of the Order is deemed not to have come into force and item 1 of Table 2 and item 3 of Table 3 of Part 2 of Schedule V to the other Act are deleted from that Schedule V. PART 3 Police Enforcement of the Controlled Drugs and Substances Act and the Cannabis Act 1996, c. 19 Controlled Drugs and Substances Act 22 (1) Subsection 55(2) of the Controlled Drugs and Substances Act is amended by adding the following after paragraph (b): (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; (2) Subsection 55(2.1) of the Act is amended by adding the following after paragraph (b): (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; 2018, c. 16 Cannabis Act 23 (1) Subsection 139(6) of the Cannabis Act is amended by adding the following after paragraph (b): (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; (2) Subsection 139(7) of the Act is amended by adding the following after paragraph (b): (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; Regulations Confirmation 24 The validity of any of the provisions of the following regulations respecting conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence is confirmed as of the day on which those regulations were made and the effects produced by those provisions since the day on which they came into force are also confirmed: (a) the Controlled Drugs and Substances Act (Police Enforcement) Regulations , made on April 22, 1997 and registered as SOR/97-234; (b) the Cannabis Act (Police Enforcement) Regulations , made on June 26, 2018 and registered as SOR/2018-151; and (c) any regulations, made before the day on which this Act receives royal assent, amending one or both of those Regulations. PART 4 R.S., c. C- 10 Canada Post Corporation Act 25 Subsection 40(3) of the Canada Post Corporation Act is repealed. 26 The Act is amended by adding the following after section 40: 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. 27 The portion of subsection 41(1) of the Act before paragraph (a) is replaced by the following: Inspection of mail 41 (1) The Corporation may open any mail if it has reasonable grounds to suspect that 28 Subsection 42(2.1) of the Act is repealed. 29 Section 48 of the Act is replaced by the following: Opening mail 48 Every person commits an offence who, unless authorized under an Act of Parliament , 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. Part 5 1996, c. 31 Oceans Act Amendments to the Act 30 (1) The portion of subsection 41(1) of the Oceans Act before paragraph (a) is replaced by the following: Coast guard services 41 (1) The Minister, 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 responsible for coast guard services and their 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 (2) Subsection 41(1) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following: (e) the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; and (f) security, including security patrols and the collection, analysis and disclosure of information or intelligence. (3) Subsection 41(2) of the Act is replaced by the following: Cost-effectiveness (2) The Minister, or any other member of the King’s Privy Council for Canada designated under subsection (1) , shall ensure that the services referred to in subparagraphs (1)(a)(i) to (iv) are provided in a cost-effective manner. 31 The Act is amended by adding the following after section 41: 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. Coming into Force Day after royal assent 32 This Part comes into force on the day after the day on which this Act receives royal assent. PART 6 Information Sharing — Immigration, Refugees and Citizenship 1994, c. 31 Department of Citizenship and Immigration Act 33 The Department of Citizenship and Immigration Act is amended by adding the following after section 5.2: Disclosure of Personal Information Definition of personal information 5. 3 In sections 5.4 to 5.7 , personal information has the same meaning as in section 3 of the Privacy Act . Disclosure within Department 5. 4 Subject to any regulations made under section 5.7 , the Minister may, for the purpose of exercising their powers or performing their duties or functions under an Act of Parliament or another lawful authority, disclose within the Department any personal information under the control of the Department. Disclosure outside Department 5.5 (1) Subject to any regulations made under section 5.7 , and 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, the Minister may, for the purpose of the administration or enforcement of an Act of Parliament or of the legislature of a province or for the purpose of exercising their powers or performing their duties or functions under another lawful authority, disclose to any department, ministry, body, office or agency of the federal government or of a provincial government or to a federal or provincial Crown corporation personal information that is under the control of the Department and that relates to any of the following: (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. Prohibition (2) It is prohibited for a department, ministry, body, office or agency of a provincial government or a provincial Crown corporation to disclose personal information that it receives under subsection (1) to a foreign entity unless the disclosure is done (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 . Other disclosure authorities 5. 6 For greater certainty, nothing in this Act affects any authority to disclose personal information under another Act of Parliament, at common law or under the royal prerogative. Regulations 5. 7 For the purposes of sections 5.4 and 5.5 , the Governor in Council may make regulations respecting (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. 2001, c. 27 Immigration and Refugee Protection Act 34 Subsection 150.1(1) of the Immigration and Refugee Protection Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (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. PART 7 2001, c. 27 Immigration and Refugee Protection Act (In-Canada Asylum System) Amendments to the Act 35 Subsection 2(1) of the English version of the Immigration and Refugee Protection Act is amended by adding the following in alphabetical order: prescribed  means prescribed by regulation. ( Version anglaise seulement ) 36 The Act is amended by adding the following after section 6: 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. 37 Subsection 14.1(6) of the English version of the Act is replaced by the following: Non-application of instructions (6) The instructions do not apply in respect of a prescribed class. 38 Section 23 of the French version of the Act is replaced by the following: Autorisation d’entrer : contrôle complémentaire ou enquête 23 L’ agent peut autoriser une personne à entrer au Canada en vue du contrôle complémentaire ou de l’enquête prévus par la présente partie. 39 Subsection 24(4) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph: (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 40 Paragraph 25(1.2)(b) of the Act is replaced by the following: (b) the foreign national has made a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division or that is pending before that Division or the Refugee Appeal Division; 41 Paragraph 38(2)(d) of the English version of the Act is replaced by the following: (d) is, if prescribed, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c). 42 Subsection 44(2) of the English version of the Act is replaced by the following: 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. 43 The Act is amended by adding the following before section 45: 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. 44 (1) Subsection 49(1) of the English version of the Act is replaced by the following: In force 49 (1) A removal order comes into force on (a) the day on which it is made, if there is no right to appeal; (b) the day after the day on which the appeal period expires, if there is a right to appeal and no appeal is made; or (c) the day on which a final determination is made that has the effect of confirming the removal order , if an appeal is made. (2) The portion of subsection 49(2) of the English version of the Act before paragraph (a) is replaced by the following: In force — claimants (2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force (3) Paragraphs 49(2)(a) to (e) of the Act are replaced by the following: (a) on the day on which notice is provided that the claim has been determined to be ineligible only under paragraph 101(1)(e); (b) seven days after the day on which notice is provided that the claim has otherwise been determined to be ineligible under subsection 101(1) ; (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; (g) 15 days after the day on which notice is provided that the claim has been determined to be abandoned; or (h) 15 days after the day on which proceedings are terminated as a result of a notice given under paragraph 104(1)(c) or (d). 45 Subsection 97(2) of the English version of the Act is replaced by the following: Person in need of protection (2) A person in Canada who is a member of a class of persons that is prescribed as being in need of protection is also a person in need of protection. 46 Subsection 99(3.1) of the Act is repealed. 47 The heading before section 100 of the Act is replaced by the following: Consideration of Claims Prior to Referral 48 (1) Subsection 100(1) of the Act is replaced by the following: Consideration of claims 100 (1) An officer must , after receiving a claim referred to in subsection 99(3), determine whether it is eligible to be referred to the Refugee Protection Division. If it is determined to be eligible, the Minister must consider it further within the prescribed time limit. (2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following: Suspension of consideration (2) The officer or the Minister must suspend consideration of the person’s claim if (3) Paragraph 100(2)(b) of the Act is replaced by the following: (b) the person is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years and the officer or the Minister considers it necessary to wait for a court decision with respect to the charge . (4) Subsection 100(3) of the Act is replaced by the following: 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). (5) Subsection 100(4) of the Act is replaced by the following: Documents and information to be provided (4) A person who makes a claim for refugee protection inside Canada — or who, before making a claim, submits any document or provides information with a view to making a claim inside Canada — must, within the time limits provided for in the regulations and in the manner specified by the Minister , provide the Minister with the documents and information specified by the Minister and the documents and information required by the rules of the Board. (6) Subsection 100(4.1) of the Act is repealed. (7) Subsection 100(5) of the Act is repealed. 49 The Act is amended by adding the following after section 100: 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. 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). 50 The Act is amended by adding the following after section 102: Abandonment and Withdrawal of Claims Abandoned claims 102.1 (1) If a person who makes a claim for refugee protection inside Canada that has not been referred to the Refugee Protection Division and that has not been determined to be ineligible for referral fails to provide documents or information in accordance with subsection 100(4) or fails to appear for an examination when requested to do so, the Minister must transmit the claim to the Division to determine whether, as a result of the failure, the claim has been abandoned. Determination (2) Subject to subsection (6), the Refugee Protection Division must — after, among other things, providing the person with the opportunity to make representations — determine, in accordance with subsection 168(1), whether the claim has been abandoned. Limit (3) Despite section 165, the Refugee Protection Division cannot compel the Minister, an officer or any other person who is authorized to act on the Minister’s behalf to appear for a hearing. Requirements (4) If the Refugee Protection Division determines that the claim has not been abandoned, the person who made the claim must provide the necessary documents or information or appear for the examination, as the case may be, in accordance with the requirements imposed by or under the regulations. Failure to comply (5) If the person who made the claim is required to comply with subsection (4) and fails to do so, the Refugee Protection Division must make a new determination under subsection (2). Termination (6) A proceeding under this section is terminated if (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. Withdrawal of claims 102.2 (1) The Minister may, at any time after a claim for refugee protection is determined to be eligible for referral and before the claim is referred to the Refugee Protection Division, determine that the claim has been withdrawn if the claimant provides the Minister with written notice of withdrawal. Reinstatement of claim (2) Subject to the regulations, the Minister may, on application, reinstate a claim that the Minister has determined to be withdrawn. 51 Paragraph 104(1)(c) of the English version of the Act is replaced by the following: (c) the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or 52 The Act is amended by adding the following after section 104: 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. 53 Section 109.1 of the Act and the heading before it are repealed. 54 (1) Paragraph 110(2)(d.1) of the Act is repealed. (2) Subsections 110(3) and (3.1) of the Act are replaced by the following: 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 or mandatary of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board. 55 Section 111 of the Act is amended by adding the following after subsection (2): 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. 56 (1) Paragraph 111.1(1)(a) of the Act is replaced by the following: (a) time limits for providing documents and information under subsection 100(4) and the extension of those time limits, including extensions by the Minister ; (2) Subsection 111.1(1) is amended by adding the following after paragraph (a): (a.1) time limits for the Minister to consider claims under subsection 100(1); (3) Paragraph 111.1(1)(b) of the Act is repealed. (4) Subsection 111.1(1) of the Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e). (5) Subsection 111.1(2) of the Act is repealed. 57 (1) The portion of paragraph 112(2)(b.1) of the Act before subparagraph (i) is replaced by the following: (b.1) subject to subsection (2.1), less than 12 months have passed since (2) Subsection 112(2) of the Act is amended by striking out “or” at the end of paragraph (b.1) and by adding the following after that paragraph: (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 (3) The portion of paragraph 112(2)(c) of the Act before subparagraph (i) is replaced by the following: (c) subject to subsection (2.1), less than 12 months have passed since (4) The portion of subsection 112(2.1) of the Act before paragraph (a) is replaced by the following: Exemption (2.1) The Minister may exempt from the application of paragraph (2)(b.1), (b.2) or (c) 58 Subsection 144(1) of the English version of the Act is replaced by the following: 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. 59 Paragraph 159(1)(g) of the Act is replaced by the following: (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, including by specifying the manner in which decisions must be rendered and reasons for decisions must be given ; 60 (1) Paragraph 161(1)(a.1) of the Act is repealed. (2) Subsection 161(1.1) of the Act is repealed. 61 Section 168 of the Act is amended by adding the following after subsection (1): 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. 62 Paragraph 169(e) of the English version of the Act is replaced by the following: (e) written reasons for the decision must be provided to the person who is the subject of the decision and to the Minister in circumstances provided for in the rules of the Board or if the person or the Minister requests them within 10 days after notice of the decision is provided ; and 63 (1) Paragraph 170(d) of the Act is repealed. (2) Paragraph 170(f) of the Act is replaced by the following: (f) may, despite paragraph (b), accept a claim for refugee protection without a hearing if the Minister has not notified the Division of the Minister’s intention to intervene; Transitional Provisions Definition of Act 64 (1) In this section and sections 65 to 67 , Act means the Immigration and Refugee Protection Act . Words and expressions (2) Unless the context requires otherwise, words and expressions used in sections 65 to 67 have the same meaning as in the Act. Section 6.1 of the Act 65 Section 6.1 of the Act applies to any proceedings or applications that are prescribed for the purposes of subsection 6.1(1) of the Act and that are pending or in progress on the day on which the regulations that prescribe those proceedings or applications come into force. Section 44.1 of the Act 66 Section 44.1 of the Act applies to hearings before the Immigration Division that have not yet been completed on the day on which section 43 comes into force. Pending claims for refugee protection 67 Each provision that is set out below applies in respect of claims for refugee protection whose eligibility to be referred to the Refugee Protection Division has not yet been determined on the day on which the provision comes into force or that have been determined to be eligible for referral but have not yet been referred to that Division on that day: (a) subsection 100(1) of the Act, as enacted by subsection 48 (1); (b) the portion of subsection 100(2) of the Act before paragraph (a), as enacted by subsection 48 (2); (c) paragraph 100(2)(b) of the Act, as enacted by subsection 48 (3); (d) subsection 100(3) of the Act, as enacted by subsection 48 (4); (e) subsection 100(4) of the Act, as enacted by subsection 48 (5); (f) section 100.1 of the Act; and (g) sections 102.1 and 102.2 of the Act. Coordinating Amendments 2023, c. 26 68 (1) If section 46 of this Act comes into force before the day on which subsection 284(2) of the Budget Implementation Act, 2023, No. 1 comes into force, then that subsection 284(2) is repealed. (2) If section 46 of this Act and subsection 284(2) of the Budget Implementation Act, 2023, No. 1 come into force on the same day, then that subsection 284(2) is deemed never to have come into force and is repealed. Coming into Force Order in council 69 (1) Subject to subsection (2), the provisions of this Part, other than sections 35 , 37 , 38 , 41 to 45 , 51 , 52 , 55 , 58 , 59 , 61 , 62 and 64 to 68 , come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Section 50 comes into force on a day to be fixed by order of the Governor in Council but that day must not be before the day on which subsection 48 (5) comes into force. PART 8 2001, c. 27 Immigration and Refugee Protection Act (Certain Measures in Respect of Applications and Documents) 70 The Immigration and Refugee Protection Act is amended by adding the following after section 11.2: 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. 71 Subsection 14(2) of the Act is amended by adding the following after paragraph (b): (b.1) the circumstances in which an officer may terminate the processing of an application for a visa or other document; 72 The Act is amended by adding the following after section 20: 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. 73 Subsection 24(1) of the French version of the Act is replaced by the following: 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 annulable en tout temps. 74 Subsection 26(1) of the Act is amended by adding the following after paragraph (b): (b.01) the circumstances in which an officer may cancel, suspend or vary a visa or other document; 75 The Act is amended by adding the following after section 32: 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. 76 Paragraph 47(c) of the Act is replaced by the following: (c) on cancellation of their temporary resident permit, other than cancellation by an order made under subsection 87.302(1) . 77 The Act is amended by adding the following after section 87.3: 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. 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. 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. 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. 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 87.30 1 (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. 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. PART 9 2001, c. 27 Immigration and Refugee Protection Act (Ineligibility) Amendments to the Act 78 (1) Subsection 101(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (b): (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 ; (2) Section 101 of the Act is amended by adding the following after subsection (1): 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. 79 Subsection 111.1(1) of the Act is amended by adding the following after paragraph (b): (b.1) exceptions to the application of paragraph 101(1)(b.1); (b.2) exceptions to the application of paragraph 101(1)(b.2); Transitional Provision Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) 80 Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Act (a) do not apply to a claim for refugee protection made before the day on which a Bill 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 is introduced in the 1st session of the 45th Parliament; and (b) apply to a claim for refugee protection made during the period beginning on the day on which that Bill is introduced and ending on the day before the day on which it receives royal assent. PART 10 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Various Measures) Amendments to the Act 81 (1) The definition violation in subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: 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 ) (3) Paragraph 2(2)(d) of the Act is replaced by the following: (d) identifying information , for the purposes of subsection 54.1(3) or 54.2(3) ; 82 The heading of Part 1 of the English version of the Act is replaced by the following: Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Enrolment 83 Section 9.2 of the Act is replaced by the following: Prohibition — anonymous account or client 9.2 (1) No person or entity referred to in section 5 shall open an anonymous account or an account for an anonymous client. Anonymous client (2) A client is anonymous for the purposes of subsection (1) if the person or entity cannot verify the identity of the client in accordance with the regulations or if the client’s name is obviously fictitious . 84 Section 9.6 of the Act is amended by adding the following after subsection (1): Program requirements (1.1) The person or entity shall ensure that the program is reasonably designed, risk-based and effective. 85 The heading “Inscription” before section 11.1 of the French version of the Act is replaced by the following: Inscription — entreprises fournissant des services monétaires 86 Paragraph 11.11(1)(e.1) of the Act is replaced by the following: (e.1) a person or entity that, having committed a compliance order violation or a prescribed 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; (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 87 The Act is amended by adding the following after section 11.4: Enrolment Enrolment requirement 11.4001 (1) Subject to subsection (2), every person or entity referred to in section 5 shall enroll with the Centre. Exceptions (2) Subsection (1) does not apply to a person or entity referred to in paragraph 5(h), (h.1) or (m) or to a person or entity referred to in section 5 that acts exclusively as an employee or agent or mandatary of another person or entity referred to in that section. Application for enrolment 11. 4002 If section 11.4001 applies to a person or entity, the person or entity shall submit an application for enrolment to the Centre within the prescribed period. The application shall be made in the prescribed form and manner and include the prescribed information. Notice of enrolment 11. 4003 An applicant is enrolled if the Centre adds the applicant to the roll referred to in subsection 54.2(1). The Centre shall, without delay, notify the applicant of their enrolment. Renewal 11. 4004 An enrolled person or entity shall renew their enrolment within the prescribed period. Application for renewal 11. 4005 An application for renewal of enrolment shall be submitted to the Centre in the prescribed form and manner and shall include the prescribed information. Notice of renewal 11. 4006 An applicant for renewal of enrolment remains on the roll referred to in subsection 54.2(1) if the Centre approves the application. The Centre shall, without delay, notify the applicant of the renewal. Changes to information 11. 4007 An applicant for enrolment or for renewal of enrolment shall notify the Centre, in the prescribed form and manner, of any change to the information provided in the application or of any newly obtained information that should have been included in the application within 30 days after the day on which the applicant becomes aware of the change or obtains the new information. Clarifications — applicant 11.4008 (1) An applicant for enrolment or for renewal of enrolment shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in section 11.4002 or 11.4005 within 30 days after the day on which the request is made. Denial of application (2) If the applicant does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may deny the application and shall, without delay, notify the applicant of the denial. Denial of application 11.4009 (1) The Centre shall deny an application for enrolment or for renewal of enrolment if (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). Notice of denial (2) If an application is denied, the Centre shall, without delay, notify the applicant of the denial. Clarifications — enrolled person or entity 11.401 (1) An enrolled person or entity shall provide the Centre, in the prescribed form and manner, with any clarifications that the Centre may request in respect of the information described in section 11.4002 or 11.4005 within 30 days after the day on which the request is made. Revocation of enrolment (2) If the enrolled person or entity does not provide the Centre with the clarifications within the period specified in subsection (1), the Centre may revoke their enrolment and shall, without delay, notify the person or entity of the revocation. Revocation of enrolment 11.4011 (1) The Centre may revoke the enrolment of an enrolled person or entity if (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). Notice of revocation (2) If the Centre revokes the enrolment of the person or entity, the Centre shall, without delay, notify the person or entity of the revocation. Requirement ceases to apply 11.4012 (1) If section 11.4001 ceases to apply to an enrolled person or entity, the person or entity shall notify the Centre in the prescribed form and manner within 30 days after the day on which that section ceased to apply. Explanation (2) The notice shall explain why section 11.4001 has ceased to apply to the person or entity. Notice of revocation (3) If the Centre is satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall revoke their enrolment and, without delay, notify them of the revocation. Notice of continued enrolment (4) If the Centre is not satisfied that section 11.4001 has ceased to apply to the person or entity, the Centre shall, without delay, notify them of their continued enrolment. Duty to notify 11. 4013 If the Centre determines that section 11.4001 applies to a person or entity that is not enrolled, the Centre shall notify that person or entity of the requirement to enroll. Application for review 11.4014 (1) Within 30 days after the day on which a person or entity is notified under subsection 11.4008(2), 11.4009(2), 11.401(2), 11.4011(2) or 11.4012(4) or section 11.4013, the person or entity may apply in writing to the Director of the Centre for a review of the decision in question and may provide any information in support of their application for review. Review by Director (2) The Director shall review the decision as soon as possible and shall take into consideration any information that the Director deems relevant. Decision of Director (3) The Director may either confirm the decision or substitute their own decision, and shall, without delay, serve notice of the review decision with reasons on the person or entity, together with notice of the right of appeal under subsection 11.4015(1). Appeal to Federal Court 11.4015 (1) A person or entity that applied for a review under subsection 11.4014(1) may appeal the Director’s review decision to the Federal Court within 30 days after the day on which the decision is served, or within any longer period that the Court allows. Appeal (2) If the Director does not make a review decision within 90 days after the day on which the Director received the application for review, the applicant may appeal to the Federal Court, within 30 days after the day on which the 90-day period expires, the decision or determination in question. Precautions against disclosure (3) In an appeal, the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the Court or any person or entity of information referred to in subsection 55(1). However, the Court is not required to take those precautions with respect to the appellant’s name and operating name. 88 Subsection 39.02(6) of the Act is replaced by the following: 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 holds 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. 89 Section 39.14 of the Act is replaced by the following: 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 and 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 the officer who seized the goods had reasonable grounds to believe that the goods were proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or were related to money laundering, to the financing of terrorist activities or to sanctions evasion. 90 Subsection 39.18(1) of the Act is replaced by the following: Decision of Minister 39.18 (1) Within 90 days after the end of the period referred to in subsection 39.17(2), the Minister shall decide whether the officer who seized the goods had the reasonable grounds referred to in section 39.14 . 91 Sections 39.19 and 39.2 of the Act are replaced by the following: Return of goods 39. 19 If the Minister decides that the officer who seized the goods did not have the reasonable grounds referred to in section 39.14 , 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 the officer who seized the goods had the reasonable grounds referred to in section 39.14 , the Minister may, subject to the terms and conditions that the Minister may determine and 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. 92 (1) Paragraph 53.6(1)(a) of the Act is replaced by the following: (a) has, during the five-year period before the day on which the application was submitted, been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.1 of this Act; (2) Paragraph 53.6(1)(c) of the French version of the Act is replaced by the following: c) n’est pas inscrit sous le régime de l’article 11.1 de la présente loi. (3) Paragraph 53.6(2)(a) of the Act is replaced by the following: (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 an offence under section 74, 75 or 76, subsection 77(1) or section 77.1 of this Act; (4) Paragraph 53.6(2)(c) of the French version of the Act is replaced by the following: c) le Centre a révoqué, au titre des paragraphes 11.11(2), 11.13(2) ou 11.17(2) ou de l’article 11.171 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 . 93 The Act is amended by adding the following after section 54.1: 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. 94 (1) Subsection 55(1) of the Act is amended by adding the following after paragraph (b.2): (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); (2) Subsection 55(3) of the Act is amended by adding the following after paragraph (f.1): (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; 95 Subsection 55.1(1) of the Act is amended by adding the following after paragraph (d): (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; 96 The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following: 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 or any person or entity that the authorized person believes on reasonable grounds to be a person or entity referred to in that section for the purpose of ensuring compliance with Part 1 or 1.1, and for that purpose may 97 Section 72.1 of the French version of the Act is replaced by the following: 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 visée au paragraphe 11.12(1) — 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. 98 Subsection 73(1) of the Act is amended by adding the following after paragraph (j): (j.1) respecting the enrolment referred to in sections 11.4001 to 11.4015; 99 The heading of Part 4.1 of the Act is replaced by the following: Notices of Violation, Compliance Agreements, Compliance Orders and Penalties 100 (1) Paragraph 73.1(1)(b) of the Act is replaced by the following: (b) classifying each prescribed 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; (2) Paragraph 73.1(1)(c) of the English version of the Act is replaced by the following: (c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation; (3) Paragraph 73.1(1)(d) of the Act is repealed. (4) Subsection 73.1(2) of the Act is replaced by the following: Maximum penalties — prescribed violation (2) The maximum penalty for a prescribed violation is $ 4,000,000 if the violation is committed by a person and $ 20,000,000 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. 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. 101 Sections 73.11 to 73.13 of the Act are replaced by the following: 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 (a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish; (b) the harm done by the violation; (c) the ability of the person or entity to pay the amount; and (d) 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. Violation or offence 73. 12 If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. Prescribed violations 73. 13 Every contravention that is designated under paragraph 73.1(1)(a) constitutes a prescribed violation and the person or entity that commits the prescribed violation is liable to a penalty determined in accordance with sections 73.1 and 73.11. 102 The Act is amended by adding the following before section 73.14: Notice of violation 73. 131 If the Centre believes on reasonable grounds that a person or entity has committed a prescribed violation or a compliance order violation , the Centre may issue and cause to be served on the person or entity a notice of violation. 103 The portion of subsection 73.14(1) of the Act before paragraph (a) is replaced by the following: 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 104 Subsection 73.15(4) of the Act is replaced by the following: 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, a very serious violation or a compliance order violation , notice of the right of appeal under subsection 73.21(1). 105 The heading before section 73.16 and sections 73.16 to 73.2 of the Act are replaced by the following: Compliance Agreements, Compliance Orders and Compliance Order Violations Compliance agreement 73.16 (1) If a person or entity has committed a prescribed violation, then as soon as feasible after proceedings with respect to that prescribed violation are ended, the Centre shall require the person or entity to enter into a compliance agreement with the Centre. Mandatory content (2) The compliance agreement shall identify the prescribed violation and the provision to which it relates and, in addition to any other terms to which the parties may agree, shall include the following terms: (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. Extension of deadline (3) The Centre may amend the agreement by extending the deadline referred to in paragraph (2)(b) by a maximum period of one year if it is satisfied that the person or entity is making substantial progress in meeting the terms of the agreement, such that an extension would encourage compliance with this Act. Refusal to enter into agreement (4) Unless the person or entity enters into a compliance agreement within six months after the Centre requires it, or within any other longer period that the Centre allows, the person or entity is deemed to have refused to enter into a compliance agreement. Compliance order 73.17 (1) If a person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement before the deadline referred to in paragraph 73.16(2)(b), the Director of the Centre shall, as soon as feasible after the refusal or the deadline, as the case may be, make a compliance order and cause it to be served on the person or entity. Mandatory content (2) The compliance order shall identify the name of the person or entity that committed the prescribed violation and the provision to which the violation relates, specify that the person or entity refused to enter into a compliance agreement or that they failed to comply with one, as the case may be, and include the following terms: (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. Reasons (3) The Director may include in the order the reasons for making it, including the relevant facts, analysis and considerations that formed part of the decision. Publication of compliance order (4) As soon as feasible after making the compliance order, the Director shall make it public. Extension of deadline for compliance (5) The Director may amend the order by extending the deadline referred to in paragraph (2)(c) by a maximum period of one year if the Director is satisfied that the person or entity is making substantial progress in meeting the terms of the order, such that an extension would encourage compliance with this Act. Compliance order violation 73.18 (1) The contravention of a compliance order made under section 73.17 is a compliance order violation and the person or entity that commits the compliance order violation is liable to a penalty determined in accordance with subsection (2). Penalty (2) The amount of a penalty for a compliance order violation shall, in each case, be determined in accordance with section 73.11 and shall not exceed (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. Gross global revenue — affiliated entities (3) 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 (2)(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. 106 (1) Subsection 73.21(1) of the Act is replaced by the following: 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, a very serious violation or a compliance order violation , 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. (2) Subsection 73.21(3) of the Act is repealed. 107 (1) The portion of subsection 73.22(1) of the Act before paragraph (a) is replaced by the following: 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: (2) Paragraphs 73.22(1)(c) and (d) of the Act are repealed. 108 Subsection 73.27(1) of the Act is replaced by the following: 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 His Majesty in right of Canada. 109 Section 73.4 of the Act is replaced by the following: 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 section 73.131 , 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. 110 (1) The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “sections 9.5 to 9.7” with “section 9.5, subsections 9.6(1), (2) and (3), sections 9.61, 9.7”. (2) The portion of subsection 74(1) of the Act before paragraph (a) is amended by replacing “11.1” with “11.1, 11.4001”. (3) Paragraphs 74(1)(a) and (b) of the Act are replaced by the following: (a) on summary conviction, to a fine of not more than $ 2,500,000 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 $ 5,000,000 or to imprisonment for a term of not more than five years, or to both. (4) Paragraphs 74(2)(a) and (b) of the Act are replaced by the following: (a) on summary conviction, to a fine of not more than $ 2,500,000 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 $ 5,000,000 or to imprisonment for a term of not more than five years, or to both. 111 Paragraphs 75(1)(a) and (b) of the Act are replaced by the following: (a) on summary conviction, to a fine of not more than $ 10,000,000 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 $ 20,000,000 or to imprisonment for a term of not more than five years, or to both. 112 (1) The portion of section 76 of the English version of the Act before paragraph (a) is replaced by the following: Disclosure 76 Every person or entity that contravenes section 8 is guilty of an offence and liable (2) Paragraphs 76(a) and (b) of the Act are replaced by the following: (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 (b) on conviction on indictment, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years, or to both . 113 Sections 77 and 77.1 of the Act are replaced by the following: 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 $ 10,000,000 . 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 $ 10,000,000 . Provision of information 77.1 (1) Every person or entity that, under this Act, is required to provide information to the Centre or to a person responsible for carrying out functions under this Act is guilty of an offence if they knowingly (a) withhold material information; (b) make a false or misleading statement, including by omission ; or (c) provide false or misleading information, including by omission . 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 $ 2,500,000 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 $ 5,000,000 or to imprisonment for a term of not more than five years, or to both. 114 (1) The portion of subsection 77.2(2) of the English version of the Act before paragraph (a) is replaced by the following: Punishment (2) Every person or entity that commits an offence under subsection (1) is liable (2) Paragraphs 77.2(2)(a) and (b) of the Act are replaced by the following: (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 (b) on conviction on indictment, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than five years, or to both . 115 Paragraphs 77.3(3)(a) and (b) of the Act are replaced by the following: (a) on summary conviction, to a fine of not more than $1,000,000 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 of not more than $2,500,000 or imprisonment for a term of not more than five years, or to both. 116 Paragraphs 77.4(a) and (b) of the Act are replaced by the following: (a) on summary conviction, to a fine of not more than $ 2,500,000 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 $ 5,000,000 or to imprisonment for a term of not more than five years, or to both. 117 Subsection 81(1) of the Act is replaced by the following: 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 77.1(2)(a) 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. Consequential and Related Amendments 2021, c. 23, s. 177 Retail Payment Activities Act 118 Paragraphs 48(1)(c) and (d) of the Retail Payment Activities Act are replaced by the following: (c) the applicant has been found guilty of an offence under 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 a serious violation, a very serious violation or a compliance order violation under that Act; 119 Paragraphs 52(b) and (c) of the Act are replaced by the following: (b) the payment service provider has been found guilty of an offence under 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, a very serious violation or a compliance order violation under that Act; 2023, c. 26 Budget Implementation Act, 2023, No. 1 120 Section 206 of the French version of the Budget Implementation Act, 2023, No. 1 is amended by replacing the subsection 83.3(1) that it enacts with the following: Documents : inscription 83.3 (1) Toute personne ou entité déterminée qui, à la date de référence, est inscrite auprès du Centre en application de l’article 11.1 lui fournit, selon les modalités réglementaires, les documents visés aux alinéas 11.12(1)b) et c), au plus tard au deuxième anniversaire. 2024, c. 17 Budget Implementation Act, 2024, No. 1 121 Section 346 of the Budget Implementation Act, 2024, No. 1 is amended by replacing the paragraphs 77.01(a) and (b) that it enacts with the following: (a) on summary conviction, to a fine of not more than $ 2,500,000 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 $ 5,000,000 or to imprisonment for a term of not more than five years, or to both. SOR/2007- 292 Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations 122 The portion of section 3 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations before paragraph (a) is replaced by the following: 3 The contravention of any of the following provisions is a violation that may be proceeded with under Part 4.1 of the Act: 123 Subsection 4(2) of the Regulations is replaced by the following: (2) A series of minor violations identified on a notice of violation shall be considered to be a serious violation for the purpose of section 73.21 of the Act if the total of the penalties for the violations set out in the notice is equal to or greater than $ 400,000 . 124 Section 5 of the Regulations is replaced by the following: 5 Subject to subsections 73.1(2) and (3) of the Act, the range of penalties in respect of a violation is (a) $1 to $ 40,000 in the case of a minor violation; (b) $1 to $ 4,000,000 in the case of a serious violation; and (c) $1 to $ 20,000,000 in the case of a very serious violation. 125 Part 1 of the schedule to the Regulations is amended by adding the following after item 9: Column 1 Column 2 Item Provision of Act Classification of Violation 9.1 9.6(1.1) Very serious 126 The portion of items 196 to 201 of Part 2 of the schedule to the Regulations in column 3 is replaced by the following: Column 3 Item Classification of Violation 196 Very serious 197 Very serious 198 Very serious 199 Very serious 200 Very serious 201 Very serious Transitional Provisions Definitions 127 The following definitions apply in this section and in sections 128 and 129 . commencement day  means the day on which this section comes into force.  ( date de référence ) former Act  means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it read immediately before the commencement day. ( ancienne loi ) new Act  means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as it reads on the commencement day. ( nouvelle loi ) Violations — former Act 128 Part 4.1 of the former Act continues to apply with respect to any violation , as defined in subsection 2(1) of the former Act, alleged to have been committed before the commencement day. Violations — new Act 129 For greater certainty, Part 4.1 of the new Act applies with respect to any compliance order violation or prescribed violation , as those terms are defined in subsection 2(1) of the new Act, alleged to have been committed on or after the commencement day. Coordinating Amendments 2023, c. 26 130 (1) In this section, other Act means the Budget Implementation Act, 2023, No. 1 . (2) If section 206 of the other Act comes into force before section 120 of this Act, then (a) that section 120 is repealed; and (b) on the day on which section 82 of this Act comes into force, subsection 83.3(1) of the French version of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: Documents : inscription 83.3 (1) Toute personne ou entité déterminée qui, à la date de référence, est inscrite auprès du Centre en application de l’article 11.1 lui fournit, selon les modalités réglementaires, les documents visés aux alinéas 11.12(1)b) et c), au plus tard au deuxième anniversaire. (3) If section 206 of the other Act comes into force on the same day as section 120 of this Act, then that section 120 is deemed to have come into force before that section 206. 2024, c. 17 131 (1) In this section, other Act means the Budget Implementation Act, 2024, No. 1 . (2) On the first day on which section 346 of the other Act and subsections 92 (1) and (3) of this Act are all in force, (a) paragraph 53.6(1)(a) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (a) has, during the five-year period before the day on which the application was submitted, been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act; (b) paragraph 53.6(2)(a) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (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 an offence under section 74, 75 or 76, subsection 77(1) or section 77.01 or 77.1 of this Act; (3) If section 346 of the other Act comes into force before section 113 of this Act, then (a) that section 113 is deemed never to have come into force and is repealed; (b) section 77 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: 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 $10,000,000. 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 $10,000,000. (c) section 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: Provision of information 77.1 (1) Every person or entity that, under this Act, is required to provide information to the Centre or to a person responsible for carrying out functions under this Act is guilty of an offence if they knowingly (a) withhold material information; (b) make a false or misleading statement, including by omission; or (c) provide false or misleading information, including by omission. 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 $2,500,000 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 $5,000,000 or to imprisonment for a term of not more than five years, or to both. (4) If section 346 of the other Act comes into force on the same day as section 113 of this Act, that section 113 is deemed to have come into force before that section 346. (5) On the first day on which both section 346 of the other Act and section 118 of this Act are in force, paragraph 48(1)(c) of the Retail Payment Activities Act is replaced by the following: (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 ; (6) On the first day on which both section 346 of the other Act and section 119 of this Act are in force, paragraph 52(b) of the Retail Payment Activities Act is replaced by the following: (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 ; (7) If section 346 of the other Act comes into force before section 121 of this Act, then (a) that section 121 is deemed never to have come into force and is repealed; (b) paragraphs 77.01(a) and (b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act are replaced by the following: (a) on summary conviction, to a fine of not more than $2,500,000 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 $5,000,000 or to imprisonment for a term of not more than five years, or to both. (8) If section 346 of the other Act comes into force on the same day as section 121 of this Act, then that section 121 is deemed to have come into force before that section 346. Coming into Force Order in council 132 Subsection 81 (3), sections 82 , 85 and 87 , subsections 92 (2) and (4), section 93 , subsection 94 (1), sections 96 to 98 , subsection 110 (2) and section 120 come into force on a day to be fixed by order of the Governor in Council. PART 11 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Cash Transactions) Amendments to the Act 133 Subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following in alphabetical order: 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 ) 134 The heading of Part 1 of the Act is replaced by the following: Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Other Requirements 135 The Act is amended by adding the following after section 9.2: 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. 136 The Act is amended by adding the following after section 77.4: 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. 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. 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. 137 The portion of section 79 of the Act before paragraph (a) is replaced by the following: Offence by employee, agent or mandatary 79 In a prosecution for an offence under section 75, 77 or 77.5 , 138 Subsection 81(2) of the Act is replaced by the following: Time limitation — eight years (2) Proceedings under paragraph 77.3(3)(a), 77.4(a) or 77.5(4)(a) may be instituted within, but not after, eight years after the time when the subject-matter of the proceedings arose. SOR/2007- 292 Related Amendment to the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations 139 Part 1 of the schedule to the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations is amended by adding the following after item 3: Column 1 Column 2 Item Provision of Act Classification of Violation 3.1 9. 21 Very serious Coordinating Amendment This Act 140 On the first day on which both section 82 and section 134 are in force, the heading of Part 1 of the English version of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration, Enrolment and Other Requirements Coming into Force Order in council 141 The provisions of this Part, other than section 140 , come into force on a day or days to be fixed by order of the Governor in Council. PART 12 Legislation Related to Financial Institutions (Supervisory Committee) R.S., c. 18 (3rd Supp.), Part I Office of the Superintendent of Financial Institutions Act 142 Subsection 18(1) of the Office of the Superintendent of Financial Institutions Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) the Director of the Financial Transactions and Reports Analysis Centre of Canada. 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 143 The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.4: 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. PART 13 2004, c. 10 Sex Offender Information Registration Act Amendments to the Act 144 (1) Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following: Purpose 2 (1) The purpose of this Act is to help police services and other law enforcement agencies prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. (2) Paragraph 2(2)(a) of the Act is replaced by the following: (a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services and other law enforcement agencies must have rapid access to certain information relating to sex offenders; (3) Subparagraph 2(2)(c)(i) of the Act is replaced by the following: (i) the information be collected only to enable police services and other law enforcement agencies to prevent or investigate crimes of a sexual nature, and 145 (1) Paragraph (b) of the definition member of a police service in subsection 3(1) of the English version of the Act is replaced by the following: (b) in an area in which an Indigenous police service is responsible for policing, a member of that police service. ( membre d’un service de police ) (2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order: 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 ) 146 Paragraph 4(1)(d) of the Act is replaced by the following: (d) they are released from custody on the expiry of the sentence for the offence in connection with which the order is made 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 . 147 (1) Subsection 4.1(1) of the Act is amended by adding the following after paragraph (b): (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; (2) Paragraph 4.1(1)(c) of the Act is replaced by the following: (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. 148 Subsection 5(3) of the Act is replaced by the following: 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 physical characteristic that may assist in the sex offender’s identification, including their eye colour, hair colour and any tattoos and distinguishing marks , and may require that the sex offender’s photograph be taken. 149 Section 6 of the Act is amended by adding the following after subsection (1.02): 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. 150 The Act is amended by adding the following after section 15.2: 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. 151 (1) Paragraph 16(2)(b.1) of the Act is replaced by the following: (b.1) a member or employee of, or a person retained by, a police service 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 ; (2) Subsection 16(2) of the Act is amended by adding the following after paragraph (c): (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; (3) The portion of paragraph 16(4)(c) of the Act before subparagraph (i) is replaced by the following: (c) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency and there are reasonable grounds to believe that the disclosure will (4) Subparagraphs 16(4)(c)(i) to (iv) of the English version of the Act are replaced by the following: (i) assist them in the investigation of an offence under section 17 or in the laying of a charge for such an offence, (i.1) assist them in the verification of the sex offender’s compliance with section 5, (ii) assist them in the prevention or investigation of 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 assist them in the laying of a charge for such an offence, (iii) assist them in the investigation of a criminal offence or a service offence , as defined in subsection 2(1) of the National Defence Act or in the laying of a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), or (iv) assist them in obtaining a warrant under subsection 490.03121(1) of the Criminal Code and executing the warrant; (5) Subsection 16(4) of the Act is amended by adding the following after paragraph (c): (c.1) unless the disclosure is made to a victim of or witness to a crime of a sexual nature by a member or employee of, or a person retained by, a law enforcement agency who received the information under paragraph (c) and there are reasonable grounds to believe that the disclosure will assist in the investigation of the crime; (c.2) unless the disclosure is to a department or agency of the Government of Canada or of a provincial, territorial or municipal government in Canada or to an Indigenous governing body and there are reasonable grounds to believe that the disclosure will assist in the prevention or investigation of a crime of a sexual nature; (6) Paragraphs 16(4)(j.1) and (j.2) of the Act are replaced by the following: (j.1) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency outside Canada and there are reasonable grounds to believe the disclosure will assist them in the prevention or investigation of a crime of a sexual nature; (j.2) unless the disclosure is to the Canada Border Services Agency, it is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and there are reasonable grounds to believe that it will assist a member or employee of, or a person retained by, a law enforcement agency in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; 152 Section 17 of the Act is replaced by the following: Offence 17 (1) Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. For greater certainty (2) For greater certainty, a person is not guilty of an offence under subsection (1) if they believed that they were acting in accordance with section 16. 153 The English version of the Act is amended by replacing “gender” with “sex” in the following provisions: (a) paragraph 5(1)(b); (b) subparagraph 8(a)(vi); (c) paragraph 8.1(1)(g); and (d) paragraphs 8.2(1)(f) and (2)(g). R.S., c. 1 (2nd Supp.) Related Amendment to the Customs Act 154 Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (l.3): (l.4) any person who may receive information under section 15.2 or 15.3 of the Sex Offender Information Registration Act , solely for the purpose for which the information is provided; PART 14 Timely Access to Data and Information R.S., c. C- 46 Criminal Code Amendments to the Act 155 Subsection 462.32(3) of the Criminal Code is replaced by the following: Other provisions to apply (3) Subsections 487(2.1) to (2.3) and (2.5) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section. 156 (1) The portion of subsection 487(1) of the Act before paragraph (a) is replaced by the following: Information for search warrant 487 (1) A judge or justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place (2) Subsection 487(1) of the Act is amended by replacing “a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant” with “a public officer”. (3) Subsections 487(2) to (2.2) of the Act are replaced by the following: Execution in Canada (2) A warrant issued under subsection (1) may be executed at any place in Canada. A peace officer or public officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed. Operation of computer system and copying equipment (2.1) A person authorized under a warrant issued under subsection (1) to search a computer system in a building or place for computer data may (a) use or cause to be used any computer system at the building or place to search any computer data contained in or available to the computer system; and (b) seize any computer data for examination. Duty of person in possession or control (2.2) Every person who is in possession or control of any building or place in respect of which a search is carried out under a warrant issued under subsection (1) shall, on presentation of the warrant, permit the person carrying out the search to perform any of the acts referred to in subsection (2.1) . Examination of computer data (2.3) The judge or justice may, in a warrant issued under subsection (1), authorize the examination of any computer data seized under the warrant or contained in or available to a computer system seized under the warrant, if the judge or justice is satisfied that there are reasonable grounds to believe that the computer data will afford evidence with respect to the commission of the offence set out in the information. Warrant — examination of computer data (2.4) A judge or justice may at any time issue a warrant authorizing the examination of computer data contained in or available to a computer system that is specified in the warrant and that is in the possession of a peace officer or public officer if the judge or justice is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that (a) an offence has been or will be committed under this Act or any other Act of Parliament; and (b) the computer data will afford evidence with respect to the commission of the offence. Conditions (2.5) The examination of computer data under a warrant issued under this section may be made subject to any conditions that the judge or justice thinks fit, including that (a) the examination be limited to a class of computer data that is specified in the warrant; and (b) the extraction of computer data that falls within a class specified in the warrant be carried out by a person whose only role in the investigation of the commission of the offence set out in the warrant is to extract computer data. Extraction of computer data (2.6) If the judge or justice makes the warrant subject to the condition set out in paragraph (2.5)(b), (a) the person who extracts computer data must not provide the peace officer or public officer investigating the commission of the offence set out in the warrant with any computer data that does not fall within a class specified in the warrant; and (b) no person, other than the person who extracts computer data, is permitted to access computer data that does not fall within a class specified in the warrant, except as required or authorized by law. Copy of warrant relating to computer data (2.7) As soon as feasible after a warrant authorizing the examination of computer data is issued under this section, the person who applied for it shall give a copy of it to the following persons: (a) any person, if known, who is the lawful owner the computer system that contains the computer data or through which the computer data is available or who is lawfully entitled to the possession of that computer system; and (b) any person who is referred to in the information, who is under investigation for the commission of the offence set out in the warrant and whose computer data is authorized to be examined under the warrant. Exception (2.8) However, a copy of the warrant is not required to be given to a person under subsection (2.7) if (a) the person has already received a copy under section 487.093; or (b) the judge or justice who issues the warrant sets aside the requirement in respect of the person, on being satisfied that doing so is justified in the circumstances. Extension (2.9) If the judge or justice who issues a warrant under this section authorizing the examination of computer data or any other judge or justice having jurisdiction to issue such a warrant is satisfied, on the basis of an affidavit submitted in support of an application to extend the period within which a copy of the warrant shall be given under subsection (2.7), that the interests of justice warrant the granting of the application, the judge or justice may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years. Examination — time and place (2.91) An examination of computer data authorized under a warrant issued under this section may take place at any time and at any place in Canada and, for the purposes of the examination, a person may copy or extract computer data at any time and at any place in Canada. (4) Section 487 of the Act is amended by adding the following after subsection (3): Definitions (4) The following definitions apply in this section. computer data  has the same meaning as in subsection 342.1(2). ( données informatiques ) computer system  has the same meaning as in subsection 342.1(2). ( ordinateur ) judge  means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. ( juge ) public officer  means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. ( fonctionnaire public ) 157 (1) The portion of section 487.011 of the Act before the first definition is replaced by the following: Definitions 487. 011 The following definitions apply in this section and in sections 487.012 to 487.0199, 487.11, 492.1 and 492.2 . (2) Section 487.011 of the Act is amended by adding the following in alphabetical order: subscriber information  means, in relation to any client of a person who provides services to the public or any subscriber to the services of such a person, (a) information that the subscriber or client provided to the person in order to receive the services, including their name, pseudonym, address, telephone number and email address; (b) identifiers assigned to the subscriber or client by the person, including account numbers; and (c) information relating to the services provided to the subscriber or client, including (i) the types of services provided, (ii) the period during which the services were provided, and (iii) information that identifies the devices, equipment or things used by the subscriber or client in relation to the services. ( renseignements relatifs à l’abonné ) 158 The Act is amended by adding the following after section 487.012: Information demand 487.0121 (1) A peace officer or public officer may make a demand in Form 5.0011 to a person who provides services to the public requiring the person to provide, in the form, manner and time specified in the demand, the following information: (a) whether the person provides or has provided services to any subscriber or client, or to any account or identifier, specified in the form; (b) if the person provides or has provided services to that subscriber, client, account or identifier, (i) whether the person possesses or controls any information, including transmission data, in relation to that subscriber, client, account or identifier, (ii) in the case of services provided in Canada, the province and municipality in which they are or were provided, and (iii) in the case of services provided outside Canada, the country and municipality in which they are or were provided; (c) if the person provides services to that subscriber, client, account or identifier, the date on which the person began providing the services; (d) if the person provided services to that subscriber, client, account or identifier but no longer does so, the period during which the person provided the services; (e) the name or identifier, if known, of any other person who provides services to the public and who provides or has provided services to that subscriber, client, account or identifier and any other information, if known, referred to in any of paragraphs (b) to (d) in relation to that other person and that subscriber, client, account or identifier; and (f) if the person is unable to provide any information referred to in paragraphs (a) to (e), a statement to that effect. Conditions for making demand (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that (a) an offence has been or will be committed under this Act or any other Act of Parliament; and (b) the information that is demanded will assist in the investigation of the offence. Limitation (3) A demand may not be made to a person who is under investigation for the offence referred to in subsection (2). Time (4) The time specified in the demand is to be not less than 24 hours. Non-disclosure (5) The peace officer or public officer who makes the demand may impose conditions in the demand prohibiting the disclosure of its existence or some or all of its contents for a period not greater than one year after the day on which the person receives the demand. Revocation (6) A peace officer or public officer may, at any time, revoke the demand or a condition by notice given to the person. Application for review (7) The person may, within five days after the day on which the demand was made, apply in writing to a judge in the judicial district where the demand was made to revoke or vary the demand. Notice to apply for review (8) The person may make an application under subsection (7) only if, before the information must be provided, the person gives notice to the peace officer or public officer who made the demand of the person’s intention to make the application. No obligation to provide information (9) The person is not required to provide the information until a final decision is made with respect to the application. Revocation or variation of demand (10) The judge in the judicial district where the demand was made may revoke or vary the demand if satisfied that (a) it is unreasonable in the circumstances to require the applicant to provide the information; or (b) provision of the information would disclose information that is privileged or otherwise protected from disclosure by law. 159 The Act is amended by adding the following after section 487.0141: Production order — subscriber information 487.0142 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person who provides services to the public to prepare and produce a document containing all the subscriber information that relates to any information, including transmission data, that is specified in the order and that is in their possession or control when they receive the order. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that (a) an offence has been or will be committed under this Act or any other Act of Parliament; and (b) the subscriber information is in the person’s possession or control and will assist in the investigation of the offence. Form (3) The order is to be in Form 5.0052. Limitation (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 160 The Act is amended by adding the following after section 487.018: Application — transmission data or subscriber information 487.0181 (1) On ex parte application made by a peace officer or public officer, a justice or judge may authorize a peace officer or public officer to make a request to a foreign entity that provides telecommunications services to the public to prepare and produce a document containing transmission data or subscriber information that is in the foreign entity’s possession or control when it receives the request. Conditions for authorization (2) The justice or judge may authorize a peace officer or public officer to make the production request only if the justice or judge is satisfied by information on oath in Form 5.00801 that there are reasonable grounds to suspect that (a) an offence has been or will be committed under this or any other Act of Parliament; and (b) the transmission data or the subscriber information is in the foreign entity’s possession or control and will assist in the investigation of the offence. Authorization (3) The authorization is to be in Form 5.00802 and must specify that a peace officer or public officer may not send a production request more than 30 days after the day on which the authorization is granted. Form (4) The production request is to be in Form 5.00803 and may include any information that is required by the foreign entity, by the foreign state in which the foreign entity is located or under an international agreement or arrangement to which Canada and the foreign state are parties. 161 Subsection 487.0191(1) of the Act is replaced by the following: Order prohibiting disclosure 487.0191 (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012, an information demand made under section 487.0121 or an order made under any of sections 487.013 to 487.018 during the period set out in the order. 162 Subsection 487.0192(1) of the Act is replaced by the following: Particulars — production orders 487.0192 (1) An order made under any of sections 487.014, 487.0141, 487.0142 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named in the order within the time, at the place and in the form specified in the order. 163 Subsections 487.0193(1) and (2) of the Act are replaced by the following: Application for review of production order 487.0193 (1) A person, financial institution or entity required by an order made under any of sections 487.014 to 487.018 to produce a document may, before the person, institution or entity is required to produce the document but not later than five days after the day on which the order was made , apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order. Notice required (2) The person, institution or entity may make the application only if, before the application is made, the person, institution or entity gives notice of their intention to make the application to a peace officer or public officer named in the order. 164 Subsection 487.0195(2) of the Act is replaced by the following: Request for information (1.1) For greater certainty, no information demand made under section 487.0121 is necessary for a peace officer or public officer to ask a person to voluntarily provide any information referred to in paragraphs 487.0121(1)(a) to (f) if the person is lawfully in possession of the information. No civil or criminal liability (2) A person who preserves data, keeps an account open or active or provides a document in the circumstances referred to in subsections (1) or who provides information in the circumstances referred to in subsections (1.1) does not incur any criminal or civil liability for doing so. Voluntary or compelled provision of information (3) For greater certainty, no production order or warrant, or information demand made under section 487.0121, is necessary for a peace officer or public officer to receive any information from a person who is lawfully in possession of it and to act on the information if the person provides it voluntarily or is required by law, including a law of a foreign state, to provide it. Publicly available information (4) For greater certainty, no production order or warrant, or information demand made under section 487.0121, is necessary for a peace officer or public officer to receive, obtain and act on any information that is available to the public. 165 Section 487.0197 of the Act is replaced by the following: Offence — preservation or information demand 487. 0197 A person who contravenes a preservation demand made under section 487.012 or an information demand made under section 487.0121 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $5,000. 166 (1) Subsection 487.1(1) of the Act is amended by adding the following after paragraph (l): (l.1) a warrant under subsection 487(2.4); (l.2) an extension under subsection 487(2.9); (2) Subsection 487.1(1) of the Act is amended by adding the following after paragraph (o): (o.1) an authorization under subsection 487.0181(1); 167 Section 487.11 of the Act is replaced by the following: Exigent circumstances 487. 11 A peace officer or public officer may, in the course of their duties, (a) exercise any of the powers described in section 487, 492.1 or 492.2 without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant; or (b) seize any subscriber information that may be the subject of an order made under subsection 487.0142(1) or any data that may be the subject of an order made under subsection 487.016(1) or 487.017(1) if the conditions for obtaining an order exist but by reason of exigent circumstances it would be impracticable to obtain an order. 168 The portion of section 487.2 of the Act before paragraph (a) is replaced by the following: Restriction on publication 487. 2 If a search warrant is issued under subsection 487 (1) or a search is made under such a warrant, everyone who publishes in any document, or broadcasts or transmits in any way, any information with respect to 169 (1) The portion of section 488 of the Act before paragraph (b) is replaced by the following: Warrant search by day 488 A search of a building, receptacle or place under a warrant issued under subsection 487 (1) shall be carried out during the day, unless (a) the judge or justice is satisfied that there are reasonable grounds for the search to be carried out at night; (2) Paragraph 488(c) of the Act is replaced by the following: (c) the warrant authorizes that the search be carried out at night. 170 Section 489.1 of the Act is amended by adding the following after subsection (3): Exception — computer data (4) This section does not apply with respect to computer data , as defined in subsection 342.1(2), other than virtual currency or other digital assets. 171 Section 490.81 of the Act is amended by adding the following after subsection (9): For greater certainty (10) For greater certainty, this section does not apply with respect to computer data , as defined in subsection 342.1(2), other than virtual currency or other digital assets. 172 Subsection 492(1) of the Act is replaced by the following: Seizure of explosives 492 (1) Every person who executes a warrant issued under subsection 487 (1) may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2). 173 (1) Subsection 492.1(3) of the Act is replaced by the following: Tracking similar things (2.1) A justice or judge who authorizes a peace officer or public officer to obtain tracking data that relates to the location of a thing that a person uses, carries or wears may, in the warrant, authorize the peace officer or public officer to obtain tracking data that relates to the location of any similar thing that is unknown at the time the warrant is issued if the justice or judge is satisfied that there are reasonable grounds to suspect that the person will use, carry or wear that similar thing. Scope of warrant (3) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the tracking device, including covertly. The warrant also authorizes a person acting under the direction of the peace officer or public officer to obtain the tracking data that is authorized to be obtained under the warrant . (2) Subsection 492.1(8) of the Act is replaced by the following: Definition of tracking device (8) In this section, tracking device means a device, including a computer program as defined in subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication. 174 (1) Subsection 492.2(2) of the Act is replaced by the following: Transmission data — means of telecommunication (1.1) A justice or judge who authorizes a peace officer or public officer to obtain transmission data that relates to any means of telecommunication used by a person may, in the warrant, authorize the peace officer or public officer to obtain transmission data that relates to any means of telecommunication that is unknown at the time the warrant is issued but that is of a similar type to the means of telecommunication described in the warrant if the justice or judge is satisfied that there are reasonable grounds to suspect that the person will use that other means of telecommunication. Scope of warrant (2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly. The warrant also authorizes a person acting under the direction of the peace officer or public officer to obtain the transmission data that is authorized to be obtained under the warrant . (2) Subsection 492.2(6) of the Act is replaced by the following: Subscriber information related to transmission data (5.2) The justice or judge may, in the warrant, authorize a peace officer or public officer to obtain from a person who provides services to the public any information referred to in paragraph (a) of the definition subscriber information in section 487.011 that relates to the transmission data that is authorized to be obtained under the warrant and that is in the person’s possession or control. Definition of transmission data recorder (6) In this section, transmission data recorder means a device, including a computer program as defined in subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. 175 Form 1 of Part XXVIII of the Act is replaced by the following: FORM 1 (Sections 320.29, 462.32, 462.321 and 487) Information to Obtain a Search Warrant Canada, Province of , ( territorial division ). This is the information of A.B., of in the ( territorial division ), ( occupation ), in this information called the informant, taken before me. The informant says that ( describe things or computer data to be searched for and offence in respect of which search is to be made ), and that they believe on reasonable grounds that those things, or some part of them, ( or that computer data ) are in the ( dwelling-house, etc. or computer system ) of C.D., of , in ( territorial division ). ( Here add the grounds of belief, whatever they may be .) The informant therefore requests that a search warrant be granted to search the ( dwelling-house, etc. or computer system ) for those things ( or that computer data ) . ( or ) The informant says that they believe on reasonable grounds that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) and that computer data contained in or available to ( specify computer system in the possession of a peace officer or public officer ) will afford evidence with respect to the commission of the offence. ( Here add the grounds of belief, whatever they may be .) The informant therefore requests that a warrant be granted to examine that computer data. Sworn before me on ( date ) , at ( place ) . ( Signature of Informant ) A ( judge or justice ) in and for 176 Form 5 of Part XXVIII of the Act is replaced by the following: FORM 5 (Sections 320.29 and 487) Warrant to Search Canada, Province of , ( territorial division ). To the peace officers in the ( territorial division ) or to the public officers whose duties include the enforcement of ( specify an Act of Parliament ) : Whereas it appears on the oath of A.B., of that there are reasonable grounds for believing that ( describe things or computer data to be searched for and offence in respect of which search is to be made ) are in at , in this warrant called the premises; This warrant authorizes and requires you between the hours of ( as the judge or justice may direct ) to enter into the premises and to search for the things referred to in this warrant and to bring them before a justice. ( and, if applicable ) This warrant also authorizes the examination of computer data contained in or available to a computer system seized under this warrant or of computer data seized under this warrant. ( Specify any conditions to which the examination is subject. ) ( or ) Whereas it appears on the oath of A.B., of , that they have reasonable grounds to believe that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) and to believe that computer data contained in or available to ( specify computer system in the possession of a peace officer or public officer ) will afford evidence with respect to the commission of the offence; This warrant authorizes the examination of that computer data. ( Specify any conditions to which the examination is subject. ) Dated ( date ) at ( place ) . A ( judge or justice ) in and for 177 Part XXVIII of the Act is amended by adding the following after Form 5.001: FORM 5.0011 (Subsection 487.0121(1)) Information Demand Canada, Province of , ( territorial division ) To ( name of person ), of : Because I have reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) and that the information specified below will assist in the investigation of that offence, you are required to provide, as soon as possible but not later than ( specify time by which the information is to be provided ) ( specify the information ), unless this demand is revoked. The information must be provided to ( name of peace officer or public officer ), ( specify the form and manner ). This demand is subject to the following conditions: ( specify any conditions to which the demand is subject ). You have the right to apply to revoke or vary this demand. If you contravene this demand without lawful excuse, you may be subject to a fine. ( Signature of peace officer or public officer ) 178 Form 5.004 of Part XXVIII of the Act is replaced by the following: FORM 5.004 (Subsections 487.014(2), 487.0141(2), (5) and (10), 487.0142(2) , 487.015(2), 487.016(2), 487.017(2) and 487.018(3)) Information to Obtain a Production Order Canada, Province of ( territorial division ) This is the information of ( name of peace officer or public officer ), of (“the informant”). The informant says that they have reasonable grounds to suspect ( or, if the application is for an order under section 487.014 or 487.0141 of the Criminal Code , reasonable grounds to believe) (a) that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ); and (b) ( if the application is for an order under section 487.014 of the Criminal Code ) that ( specify the document or data ) is in the possession or control of ( name of the person ) and will afford evidence respecting the commission of the offence. (or) (b) ( if the application is for an order under section 487.0141 of the Criminal Code ) that ( specify the document or data ), if it is in the possession or control of ( name of the person ) on ( specify the dates to be specified in the order ), will afford evidence respecting the commission of the offence ( and if applicable , and that the information contained in all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is to be in effect will afford evidence respecting the commission of the offence). (or) (b) ( if the application is for an order under section 487.0142 of the Criminal Code ) that subscriber information is in the possession or control of ( name of the person ) and will assist in the investigation of the offence. (or) (b) ( if the application is for an order under section 487.015 of the Criminal Code ) that the identification of a device or person involved in the transmission of ( specify the communication ) will assist in the investigation of the offence and that ( specify the transmission data ) that is in the possession or control of one or more persons whose identity is unknown will enable that identification. (or) (b) ( if the application is for an order under section 487.016 of the Criminal Code ) that ( specify the transmission data ) is in the possession or control of ( name of the person ) and will assist in the investigation of the offence. (or) (b) ( if the application is for an order under section 487.017 of the Criminal Code ) that ( specify the tracking data ) is in the possession or control of ( name of the person ) and will assist in the investigation of the offence. (or) (b) ( if the application is for an order under section 487.018 of the Criminal Code ) that ( specify the data ) is in the possession or control of ( name of the financial institution, person or entity ) and will assist in the investigation of the offence. The reasonable grounds are: The informant therefore requests ( if the application is for an order under section 487.014 of the Criminal Code ) that ( name of the person ) be ordered to produce a document that is a copy of ( specify the document ) that is in their possession or control when they receive the order ( and/or to prepare and produce a document containing ( specify the data ) that is in their possession or control when they receive the order). (or) ( if the application is for an order under section 487.0141 of the Criminal Code ) that ( name of the person ) be ordered to produce a document that is a copy of ( specify the document ) that is in their possession or control on ( specify the dates to be specified in the order ) ( and/or to prepare and produce a document containing ( specify the data ) that is in their possession or control on ( specify the dates to be specified in the order )) ( and if applicable , and that the person be ordered to produce a copy of all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is to be in effect). (or) ( if the application is for an order under section 487.0142 of the Criminal Code ) that ( name of the person ) be ordered to prepare and produce a document containing all the subscriber information that is in their possession or control when they receive the order that relates to ( specify information ). (or) ( if the application is for an order under section 487.015 of the Criminal Code ) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing ( specify the transmission data ) that is in their possession or control when they are served with the order. (or) ( if the application is for an order under section 487.016 of the Criminal Code ) that ( name of the person ) be ordered to prepare and produce a document containing ( specify the transmission data ) that is in their possession or control when they receive the order. (or) ( if the application is for an order under section 487.017 of the Criminal Code ) that ( name of the person ) be ordered to prepare and produce a document containing ( specify the tracking data ) that is in their possession or control when they receive the order. (or) ( if the application is for an order under section 487.018 of the Criminal Code ) that ( name of the financial institution, person or entity ) be ordered to prepare and produce a document setting out ( specify the data ) that is in their possession or control when they receive the order. Sworn before me on ( date ), at ( place ). ( Signature of informant ) ( Signature of justice or judge ) 179 Part XXVIII of the Act is amended by adding the following after Form 5.0051: FORM 5.0052 (Subsection 487.0142(3)) Production Order — Subscriber Information Canada, Province of ( territorial division ) To ( name of person ), of : Whereas I am satisfied by information on oath of ( name of peace officer or public officer ), of , that there are reasonable grounds to suspect that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ) and that subscriber information is in your possession or control and will assist in the investigation of the offence; Therefore, you are ordered to produce a document that is a copy of ( specify the document ) that is in your possession or control when you receive this order ( and/or ) prepare and produce a document containing all the subscriber information that is in your possession or control when you receive this order and that relates to ( specify information ). The document must be produced to ( name of peace officer or public officer ) within ( time ) at ( place ) in ( form ). This order is subject to the following conditions: ( specify any conditions to which the demand is subject ). You have the right to apply to revoke or vary this order. If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both. Dated ( date ), at ( place ). ( Signature of justice or judge ) 180 Part XXVIII of the Act is amended by adding the following after Form 5.008: FORM 5.00801 (Subsection 487.0181(2)) Information to Obtain an Authorization Canada, Province of ( territorial division ) This is the information of ( name of peace officer or public officer ), of (“the informant”). The informant says that they have reasonable grounds to suspect (a) that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ); and (b) that ( specify the transmission data or the subscriber information ) is in the possession or control of ( name of the foreign entity that provides telecommunications services to the public ) and will assist in the investigation of the offence. The reasonable grounds are: The informant therefore requests that a peace officer or public officer be authorized to request that ( name of the foreign entity that provides telecommunications services to the public ) prepare and produce a document containing ( specify the transmission data or the subscriber information ) that is in its possession or control when it receives the request. Sworn before me on ( date ), at ( place ). ( Signature of informant ) ( Signature of justice or judge ) FORM 5.00802 (Subsection 487.0181(3)) Authorization to Request Production of Transmission Data or Subscriber Information Canada, Province of ( territorial division ) Whereas I am satisfied by information on oath of ( name of peace officer or public officer ), of , that there are reasonable grounds to suspect (a) that an offence has been or will be committed under ( specify the provision of the Criminal Code or other Act of Parliament ); and (b) that ( specify the transmission data or the subscriber information ) is in the possession or control of ( name of the foreign entity that provides telecommunications services to the public ) and the data or information will assist in the investigation of the offence. Therefore, a peace officer or public officer is authorized to request that ( name of the foreign entity that provides telecommunications services to the public ) prepare and produce a document containing ( specify the transmission data or the subscriber information ) that is in its possession or control when it receives the request. A peace officer or public officer may not send the production request more than 30 days after the day on which this authorization is granted. Dated ( date ), at ( place ). ( Signature of justice or judge ) FORM 5.00803 (Subsection 487.0181(4)) Production Request for Transmission Data or Subscriber Information Canada, Province of To ( name of foreign entity that provides telecommunications services to the public ), of : This is a production request of ( name of peace officer or public officer ), of . Whereas I am authorized to make this request by a justice or judge under section 487.0181 of the Criminal Code ( attach authorization ). Therefore, I request that you prepare and produce a document containing ( specify the transmission data or the subscriber information ) that is in your possession or control when you receive this request. I request that you produce this document to ( recipient ) in ( form ). ( Specify any information that may be included under subsection 487.0181(4) of the Criminal Code , if applicable .) Dated ( date ), at ( place ). ( Signature of peace officer or public officer ) 181 Forms 5.009 and 5.0091 of Part XXVIII of the Act are replaced by the following: FORM 5.009 (Subsection 487.0191(2)) Information to Obtain a Non-Disclosure Order Canada, Province of ( territorial division ) This is the information of ( name of peace officer or public officer ), of (“the informant”). The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of ( identify the preservation demand made under section 487.012 of the Criminal Code , the information demand made under section 487.0121 of that Act or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be ) during ( identify the period ) would jeopardize the conduct of the investigation of the offence to which it relates: ( specify portion or portions ) The reasonable grounds are: The informant therefore requests an order prohibiting ( name of the person, financial institution or entity ) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of ( identify the period ) after the day on which the order is made. Sworn before me on ( date ), at ( place ). ( Signature of informant ) ( Signature of justice or judge ) FORM 5.0091 (Subsection 487.0191(3)) Non-Disclosure Order Canada, Province of ( territorial division ) To ( name of person, financial institution or entity ), of : Whereas I am satisfied by information on oath of ( name of peace officer or public officer ), of , that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of ( identify the preservation demand made under section 487.012 of the Criminal Code , the information demand made under section 487.0121 of that Act or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be ) during ( identify the period ) would jeopardize the conduct of the investigation of the offence to which it relates; Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of ( identify the period ) after the day on which this order is made. ( specify portion or portions ) You have the right to apply to revoke or vary this order. If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both. Dated ( date ), at ( place ). ( Signature of justice or judge ) 1999, c. 23 Consequential Amendment to the Foreign Publishers Advertising Services Act 182 Subsection 5(1) of the Foreign Publishers Advertising Services Act is amended by replacing “section 487” with “subsection 487(1)”. R.S., c. 30 (4th Supp.) Mutual Legal Assistance in Criminal Matters Act 183 The Mutual Legal Assistance in Criminal Matters Act is amended by adding the following after section 22.06: Enforcement of Foreign Decisions for Production Request to Minister 22.07 (1) When a written request is presented to the Minister by a state or entity for the enforcement in Canada of a decision made by an authority of that state or entity that is empowered to compel the production of transmission data or subscriber information that is in the possession or control of a person in Canada, the Minister may authorize a competent authority to make arrangements for the enforcement of the decision. Application for enforcement (2) The competent authority must apply ex parte for the enforcement of the decision to a justice , as defined in section 2 of the Criminal Code , a judge of a superior court of criminal jurisdiction , as defined in that section, or a judge of the Court of Quebec. Enforcement (3) The justice or judge to whom the application is made may make the decision enforceable if they are satisfied that (a) in the case of transmission data, the conditions set out in subsection 487.016(2) of the Criminal Code , with any necessary modifications, are met; or (b) in the case of subscriber information, the conditions set out in subsection 487.0142(2) of the Criminal Code, with any necessary modifications, are met. A decision that is made enforceable is deemed to be a judgment of the court to which the judge or justice belongs and may be executed anywhere in Canada. Designated person (4) The justice or judge who makes the decision enforceable under subsection (3) must designate a person to whom a record containing the transmission data or the subscriber information must be produced by the person in Canada referred to in the decision. Timing (5) The justice or judge must order that the person in Canada referred to in the decision produce the record containing the transmission data or the subscriber information to the designated person (a) no later than 45 days after the day on which the decision is served, in the case of transmission data; or (b) no later than 20 days after the day on which the decision is served, in the case of subscriber information. Order prohibiting disclosure (6) Section 487.0191 of the Criminal Code applies, with any necessary modifications, in respect of a decision made enforceable under subsection (3) and an order made under subsection (5). Sending abroad (7) The justice or judge must also order (a) that the designated person send the record containing the transmission data or the subscriber information directly to the state or entity referred to in subsection (1) that made the request; or (b) that sections 20 and 21 apply to the sending of the record containing the transmission data or the subscriber information, with any necessary modifications. Report (8) The designated person must (a) make a report concerning the execution of the decision to the justice or judge who made it enforceable —  or to another justice for the same territorial division or another judge in the judicial district where the decision was made enforceable —  accompanied by a general description of the transmission data or the subscriber information contained in the record and, if the justice or judge requires it, the record containing the transmission data or the subscriber information; and (b) send a copy of the report to the Minister without delay. Timing of report and sending abroad (9) If the justice or judge makes an order under paragraph (7)(a), the designated person must make the report to the justice or judge and send the record containing the transmission data or the subscriber information to the state or entity that made the request no later than five days after the day on which the record was produced under subsection (5). Offence (10) Section 487.0198 of the Criminal Code applies with respect to an order made under subsection (5). Definitions (11) In this section, transmission data and subscriber information have the same meaning as in section 487.011 of the Criminal Code . R.S., c. C- 23 Canadian Security Intelligence Service Act 184 The heading of Part II of the Canadian Security Intelligence Service Act is replaced by the following: Information Demand and Judicial Control 185 The Act is amended by adding the following before section 20.3: Information demand 20.21 (1) For the purpose of performing its duties and functions under section 12 or 16, the Service may make a demand in Form 0.1 of Schedule 2 to a person or entity that provides services to the public requiring the person or entity to provide, in the form, manner and time specified in the demand, the following information: (a) whether the person or entity provides or has provided services to any subscriber or client, or to any account or identifier, specified in the form; (b) if the person or entity provides or has provided services to that subscriber, client, account or identifier, (i) whether the person or entity possesses or controls any information, record, document or thing in relation to that subscriber, client, account or identifier, (ii) in the case of services provided in Canada, the province and municipality in which they are or were provided, and (iii) in the case of services provided outside Canada, the country and municipality in which they are or were provided; (c) if the person or entity provides services to that subscriber, client, account or identifier, the date on which the person or entity began providing the services; (d) if the person or entity provided services to that subscriber, client, account or identifier but no longer does so, the period during which the person or entity provided the services; (e) the name or identifier, if known, of any other person or entity that provides services to the public and that provides or has provided services to that subscriber, client, account or identifier and any other information, if known, referred to in paragraphs (b) to (d) in relation to that other person or entity and that subscriber, client, account or identifier; and (f) if the person or entity is unable to provide any information referred to in paragraphs (a) to (e), a statement to that effect. Information located outside Canada (2) The demand may be made in respect of information located outside Canada, with any modifications that the circumstances require. Time (3) The time specified in the demand is to be not less than 24 hours. Non-disclosure (4) The Service may impose conditions in the demand prohibiting the disclosure of its existence or some or all of its contents. Obligation to comply (5) The person or entity must comply with the demand. Section 126 of the Criminal Code does not apply in respect of a contravention of this subsection. Revocation of demand (6) The Service may, at any time, revoke the demand or a condition by notice given to the person or entity. Revocation or variation of information demand 20.22 (1) Before a person or entity is required to provide any information under a demand made under section 20.21, but not later than five days after the day on which the demand is made, the person or entity may apply in writing to a judge to revoke or vary the demand. Notice required (2) The person or entity may make the application only if, before the application is made, the person or entity gives notice of their intention to do so to an employee in the manner specified in the demand and to a judge in Form 0.2 of Schedule 2. No obligation to provide information (3) The person or entity is not required to provide the information until a final decision is made with respect to the application. Revocation or variation of demand (4) The judge may revoke or vary the demand if satisfied that (a) it is unreasonable in the circumstances to require the applicant to provide the information; or (b) provision of the information would disclose information that is privileged or otherwise protected from disclosure by law. Application for information order 20.23 (1) If a person or entity fails to comply with an information demand made under section 20.21, the Director or an employee who is designated by the Director for the purpose may make an application to a judge for an information order under this section. Making of order (2) The judge may order the person or entity to provide, within the time and in the manner specified in the order, information referred to in any of paragraphs 20.21(1)(a) to (f) that is specified in the order if the judge is satisfied that the information will assist the Service to perform its duties and functions under section 12 or 16. Measures (3) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order. Clarification — voluntary provision of information 20.24 (1) For greater certainty, the Service may request that a person or entity voluntarily provide any information that may be required by an information demand made under section 20.21 or by an information order made under section 20.23 without such a demand or such an order having been made, so long as the person or entity is not prohibited by law from providing the information, and the Service may collect it under section 12 or 16. Clarification — other collection authorities (2) For greater certainty, the fact that an information demand may be made under section 20.21 or that an information order may be made under section 20.23 does not affect the Service’s authority to collect any information under any other provision of this Act. No civil or criminal liability 20. 25 No criminal or civil proceedings lie against a person who voluntarily provides any information following a request from the Service made in the circumstances described in subsection 20.24(1) or against a person acting on behalf of an entity that receives such a request. 186 (1) Subsections 20.5(1) to (3) of the Act are replaced by the following: Revocation or variation — sections 20.23 and 20.4 20.5 (1) Before a person or entity is required to provide any information under an order made under section 20.23, or to produce any information, record or document under an order made under section 20.4, but no later than five days after the day on which the order is received, the person or entity may apply in writing to a judge to revoke or vary the order. Notice required (2) The person or entity may make the application only if, before the application is made, the person or entity gives notice of their intention to do so to a judge and to an employee in Form 5 of Schedule 2. No obligation to provide or produce (3) The person or entity is not required to provide the information or produce the information, record or document until a final decision is made with respect to the application. (2) Paragraphs 20.5(4)(a) and (b) of the Act are replaced by the following: (a) it is unreasonable in the circumstances to require the applicant to provide the information or produce the information, record or document; or (b) provision of the information or production of the information, record or document would disclose information that is privileged or otherwise protected from disclosure by law. 187 Section 27 of the Act is replaced by the following: Making and hearing of applications 27 (1) An application for a judicial authorization under section 11.13, an application under section 20.23 for an information order , an application under section 20.3 for a preservation order, an application under section 20.4 for a production order, an application under section 21, 21.1, 22.21 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be made ex parte and heard in private in accordance with regulations made under section 28. Making and hearing of applications — sections 20.22 and 20.5 (2) An application under section 20.22 for the revocation or variation of an information demand or under section 20.5 for the revocation or variation of an information order or a production order shall be made and heard in accordance with regulations made under section 28 and may be heard in private in accordance with those regulations . 188 (1) Paragraph 28(b) of the Act is replaced by the following: (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.13, for warrants that may be issued under section 21, 21.1, 22.21 or 23, for renewals of those warrants and for orders that may be made under section 20.23 , 20.3, 20.4 or 22.3; (2) Paragraph 28(b.2) of the Act is replaced by the following: (b.2) governing the practice and procedure of, and security requirements applicable to, the making of applications for the revocation or variation of an information demand under section 20.22 or an information order or production order under section 20.5 and hearings of such applications ; and 189 Schedule 2 to the Act is amended by adding the following before Form 1: FORM 0.1 (Subsection 20.21(1)) Information Demand To ( name of person or entity ), of : You are required under section 20.21 of the Canadian Security Intelligence Service Act to provide, as soon as possible, but not later than ( specify time by which the information is to be provided ), the following information, unless this demand is revoked: ( specify the information ) The information must be provided ( specify the form and manner ). This demand is subject to the following conditions: ( specify conditions, if any ) You have the right to apply to revoke or vary this information demand in accordance with section 20.22 of the Canadian Security Intelligence Service Act . FORM 0.2 (Subsection 20.22(2)) Notice — Application for Revocation or Variation of an Information Demand FEDERAL COURT IN THE MATTER OF an application by ( Name ) for the revocation or variation of an information demand under section 20.22 of the Canadian Security Intelligence Service Act , R.S.C. 1985, c. C- 23 NOTICE This is a notice that ( name of person or entity named in the information demand ) (“the applicant”) intends to apply to the Federal Court for the revocation or variation of the information demand made on ( date ). Notice of the applicant’s intention has been provided to an employee of the Canadian Security Intelligence Service on ( date ). The applicant intends to file the application for revocation or variation on or before ( date ). Dated ( date ), at ( place ). ( Signature of applicant ) 190 Form 5 of Schedule 2 to the Act is replaced by the following: FORM 5 (Subsection 20.5(2)) Notice — Application for Revocation or Variation of an Information Order or Production Order (Court File No. — to match information order or production order) FEDERAL COURT IN THE MATTER OF an application by ( Name ) for the revocation or variation of an information order or production order under section 20.5 of the Canadian Security Intelligence Service Act , R.S.C. 1985, c. C- 23 NOTICE This is a notice that ( name of person or entity named in the order ) (“the applicant”) intends to apply to the Federal Court for the revocation or variation of the ( specify: information order or production order) made on ( date ) and received by the applicant on ( date ). A copy of this notice has been provided to an employee of the Canadian Security Intelligence Service on ( date ). The applicant intends to file the application for revocation or variation on or before ( date ). Dated ( date ), at ( place ). ( Signature of applicant ) 1996, c. 19 Controlled Drugs and Substances Act 191 Section 11 of the Controlled Drugs and Substances Act is amended by adding the following after subsection (3): Computer data (3.1) Subsections 487(2.1) to (2.3) and (2.5) to (2.91) of the Criminal Code apply, with any modifications that the circumstances require, with respect to a warrant issued under subsection (1). 2018, c. 16 Cannabis Act 192 Section 87 of the Cannabis Act is amended by adding the following after subsection (3): Computer data (3.1) Subsections 487(2.1) to (2.3) and (2.5) to (2.91) of the Criminal Code apply, with any modifications that the circumstances require, with respect to a warrant issued under subsection (1). Coming into Force 90th day after royal assent 193 This Part comes into force on the 90th day after the day on which this Act receives royal assent. PART 15 Supporting Authorized Access to Information Act Enactment of Act Enactment 194 The Supporting Authorized Access to Information Act , whose text is as follows and whose schedule is set out in Schedule 2 to this Act, is enacted: An Act respecting the obligations of electronic service providers in relation to authorized access to information Short Title Short title 1 This Act may be cited as the Supporting Authorized Access to Information Act . Interpretation Definitions 2 (1) The following definitions apply in this Act. access , in relation to information, means access by any means that may be authorized under the Criminal Code or the Canadian Security Intelligence Service Act , including by obtaining a document containing information and, with respect to information related to a communication, by intercepting the communication. ( accès ) authorized person  means a person having authority under the Criminal Code or the Canadian Security Intelligence Service Act to access information. ( personne autorisée ) core provider  means an electronic service provider belonging to a class of electronic service providers set out in the schedule. ( fournisseur principal ) electronic protection  means authentication, encryption and any other prescribed type of data protection. ( protection électronique ) electronic service  means a service, or a feature of a service, that involves the creation, recording, storage, processing, transmission, reception, emission or making available of information in electronic, digital or any other intangible form by an electronic, digital, magnetic, optical, biometric, acoustic or other technological means, or a combination of any such means. ( service électronique ) electronic service provider  means a person that, individually or as part of a group, provides an electronic service, including for the purpose of enabling communications, and that (a) provides the service to persons in Canada; or (b) carries on all or part of its business activities in Canada. ( fournisseur de services électroniques ) information  includes any information, intelligence or data to which access may be authorized under the Criminal Code or the Canadian Security Intelligence Service Act . ( information ) intercept  has the same meaning as in section 183 of the Criminal Code . ( intercepter ) Minister  means the Minister of Public Safety and Emergency Preparedness. ( ministre ) person  includes a corporation, a trust, a partnership, a fund, a joint venture, a government, a government agency, an unincorporated association or organization and any other legal entity . ( personne ) prescribed  means prescribed by the regulations. ( Version anglaise seulement ) Preservation of existing authorities (2) Nothing in this Act derogates from any authority to access information conferred under the Criminal Code or the Canadian Security Intelligence Service Act — or from any similar authority conferred under another Act of Parliament — or from any corresponding obligation imposed on an electronic service provider to assist in a person’s exercise of such an authority. Preservation of agreements and arrangements (3) Nothing in this Act derogates from any agreement or arrangement between an electronic service provider and a national security or law enforcement agency with respect to assistance to be provided to an authorized person in the exercise of the person’s authority to access information, nor prevents entry into such an agreement or arrangement. Purpose Purpose 3 The purpose of this Act is to ensure that electronic service providers can facilitate the exercise of authorities to access information that are conferred on authorized persons. His Majesty Binding on His Majesty 4 This Act is binding on His Majesty in right of Canada or of a province. Core Providers Core providers — classes 5 (1) The Governor in Council may, by regulation, amend the schedule by adding, amending or deleting a class of electronic service providers. Core providers — obligations (2) The Governor in Council may make regulations respecting the obligations of core providers, including regulations respecting (a) the development, implementation, assessment, testing and maintenance of operational and technical capabilities, including capabilities related to extracting and organizing information that is authorized to be accessed and to providing access to such information to authorized persons; (b) the installation, use, operation, management, assessment, testing and maintenance of any device, equipment or other thing that may enable an authorized person to access information; and (c) notices to be given to the Minister or other persons, including with respect to any capability referred to in paragraph (a) and any device, equipment or other thing referred to in paragraph (b). Systemic vulnerability (3) A core provider is not required to comply with a provision of a regulation made under subsection (2), with respect to an electronic service, if compliance with that provision would require the provider to introduce a systemic vulnerability in electronic protections related to that service or prevent the provider from rectifying such a vulnerability. Temporary exemption 6 (1) On application by a core provider, the Minister may, by order and on any terms that the Minister considers necessary, exempt the core provider, for a specified period, from the application of any provision of a regulation made under subsection 5 (2). Application (2) The application must be submitted in the form and manner specified by the Minister and must contain (a) the provision with respect to which the exemption is sought; (b) a proposed period for the exemption; (c) a rationale explaining why the core provider requires the exemption; (d) a plan setting out the measures that the core provider intends to take to comply with the provision within the period referred to in paragraph (b); and (e) any other information specified by the Minister. Pending application (3) The provision with respect to which the exemption is sought does not apply to the core provider pending the determination of the application. Decision (4) As soon as feasible after the application is submitted, the Minister must make a decision in respect of it and give written notice of the decision to the core provider. Denial of application (5) In a decision to deny the application, the Minister may specify the day by which the core provider must comply with the provision with respect to which the application was denied. Statutory Instruments Act (6) The Statutory Instruments Act does not apply to an order made under subsection (1). Ministerial Orders Order 7 (1) Subject to sections 8 and 9 , the Minister may make an order with respect to an electronic service provider and the order may contain any provision that may be contained in a regulation made under subsection 5 (2), whether or not the provider is a core provider. The order must specify the period during which it has effect. Factors (2) In making the order, the Minister must take into account the following factors: (a) the benefits of the order to the administration of justice, in particular to investigations under the Criminal Code , and to the performance of duties and functions under the Canadian Security Intelligence Service Act ; (b) whether complying with the order would be feasible for the electronic service provider; (c) the costs to be incurred by the electronic service provider to ensure compliance with the order; (d) the potential impact of the order on the persons to whom the electronic service provider provides services; and (e) any other factor that the Minister considers relevant. Discretionary compensation (3) For the purpose of offsetting all or part of the costs referred to in paragraph (2)(c), in the order, the Minister may provide for compensation to be paid to the electronic service provider in an amount that the Minister considers appropriate and may include provisions with respect to the time and manner of payment. Systemic vulnerability (4) The electronic service provider is not required to comply with a provision of the order, with respect to an electronic service, if compliance with that provision would require the provider to introduce a systemic vulnerability in electronic protections related to that service or prevent the provider from rectifying such a vulnerability. Statutory Instruments Act (5) The Statutory Instruments Act does not apply to an order made under subsection (1). Representations 8 Before making an order under subsection 7 (1), the Minister must provide the electronic service provider with an opportunity to make representations. Consultation with Minister of Industry 9 Before making an order under subsection 7 (1), the Minister must consult the Minister of Industry. Duration 10 (1) Unless revoked earlier, an order made under subsection 7 (1) has effect for the period specified in the order. Non-application of sections 8 and 9 (2) Sections 8 and 9 do not apply to the making of an order that only revokes another order made under subsection 7 (1) or only extends the period specified in another order made under subsection 7 (1). Review 11 (1) Before the order expires, the Minister must review the order to determine whether, taking into account the factors referred to in subsection 7 (2), the period specified in it should be extended. New information (2) Before the order expires, an electronic service provider subject to it may submit to the Minister any information that is relevant to the review. Compliance with order 12 An electronic service provider that is subject to an order made under subsection 7 (1) must comply with it. Order prevails 13 An order made under subsection 7 (1) prevails over any regulation made under subsection 5 (2) to the extent of any inconsistency. Obligation to Assist Obligation to assist 14 (1) On request made by a person referred to in subsection (2), an electronic service provider must provide all reasonable assistance, in any prescribed time and manner, to permit the assessment or testing of any device, equipment or other thing that may enable an authorized person to access information. Requesting persons (2) The request may be made by any of the following persons: (a) the Minister; (b) an employee of the Canadian Security Intelligence Service; (c) a person appointed or employed under Part I of the Royal Canadian Mounted Police Act or a civilian employee referred to in section 10 of that Act; (d) a civilian employee of another police force; (e) a peace officer , as defined in section 2 of the Criminal Code . Confidentiality Prohibition on disclosure 15 An electronic service provider and any person acting on its behalf must not disclose any of the following information except as permitted under this Act or the Canada Evidence Act : (a) information contained in an order made under subsection 6 (1) or 7 (1); (b) information on which the Minister relied in making the order; (c) the fact that the electronic service provider is subject to the order; (d) information provided in the course of representations made under section 8 or in any response given by the Minister and the fact that the Minister has invited the representations; (e) information contained in an application referred to in subsection 6 (1) or in a decision made under subsection 6 (4); (f) information submitted under subsection 11 (2) and any information received from the Minister in response; (g) information related to a systemic vulnerability or potential systemic vulnerability in electronic protections employed by that electronic service provider; (h) any prescribed information. Judicial review — notice to Minister 16 An electronic service provider may not make an application for judicial review in respect of an order or decision made under this Act unless, at least 15 days before making the application, it provides written notice to the Minister, including a copy of the notice of application. Regulations — confidentiality and security 17 The Governor in Council may make regulations respecting confidentiality and security requirements with which electronic service providers and persons acting on their behalf must comply, including regulations (a) respecting the disclosure of information referred to in section 15 ; (b) establishing rules of procedure for the protection of information referred to in section 15 in administrative or judicial proceedings; (c) respecting requirements related to employees of electronic service providers and other persons whose services may be engaged by electronic service providers, including with respect to their security clearance and location; and (d) respecting security requirements with respect to the facilities and premises of electronic service providers. Administration and Enforcement Designation Designation 18 (1) The Minister may, subject to any restrictions or conditions that the Minister may specify, designate persons or classes of persons for the purposes of the administration and enforcement of this Act. Certificate (2) The Minister must provide every designated person with a certificate attesting to their designation. Inspections Authority to enter place 19 (1) Subject to subsection 20 (1), a designated person may, for the purpose of verifying compliance or preventing non-compliance with this Act, enter any place if they have reasonable grounds to believe that anything relevant to that verification or prevention, including any document or electronic data, is located in that place or that an activity regulated by this Act is conducted in that place. Production of certificate (2) On entering a place referred to in subsection (1), the designated person must, on request, produce the certificate attesting to their designation to the person in charge of the place. Powers on entry (3) The designated person may, for a purpose referred to in subsection (1), (a) examine anything found in the place, including any document or electronic data; (b) make copies of any document or electronic data that is found in the place or take extracts from the document or electronic data; (c) remove any document found in the place for examination or copying; (d) use or cause to be used any computer or data processing system at the place to examine or copy electronic data; and (e) use or cause to be used any copying equipment at the place to make copies of any document. Return of items (4) If the designated person removes a document under paragraph (3)(c), they must return it to its owner or the person in charge of it on completion of the examination or copying. Duty to assist (5) Every owner or person in charge of a place that is entered by the designated person and every person found in the place must give all assistance that is reasonably required to enable the designated person to exercise their powers or perform their duties and functions under this section and provide the designated person with any document or electronic data that they may reasonably require. Persons accompanying (6) The designated person may be accompanied by any other person who the designated person believes is necessary to help them exercise their powers or perform their duties and functions under this section. Entering private property (7) The designated person and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so. Dwelling-house 20 (1) In the case of a dwelling-house, a designated person is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) A justice of the peace may, on ex parte application, issue a warrant authorizing the designated person named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 19 (1); (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 19 (1); and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing the warrant, the designated person is not entitled to use force unless the use of force is specifically authorized in the warrant and they are accompanied by a peace officer. Internal Audit Audit order 21 (1) Subject to the regulations, a designated person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, make an order in writing requiring an electronic service provider to conduct, within the time and in the manner specified in the order, an internal audit of its practices, documents and electronic data to determine whether it is in compliance with any provision of this Act or the regulations. Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1). Compliance with order 22 The electronic service provider must comply with the order and provide to the designated person, within the period specified in the order, a report of the results of the audit, including, if the electronic service provider determines that there is non-compliance with a provision of this Act or the regulations, the nature of the non-compliance and any measures that it has taken or will take to comply with the provision or the order. Compliance Order Power to order termination of contravention 23 (1) If a designated person believes on reasonable grounds that there is or is likely to be a contravention of any provision of this Act or the regulations, they may make an order in writing requiring an electronic service provider to (a) stop doing something that is or is likely to be in contravention of that provision or cause it to be stopped; or (b) take any measure that is necessary to comply with the requirements of that provision or mitigate the effects of non-compliance. Time and manner for review (2) The order must specify the time within which and the manner in which the electronic service provider may request a review of the order by the Minister. Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1). Compliance with order 24 (1) An electronic service provider that is subject to an order made under subsection 23 (1) must comply with it. Notification of compliance (2) Once the electronic service provider complies with the order, it must notify the designated person of its compliance without delay. Request for review 25 (1) An order that is made under subsection 23 (1) must be reviewed by the Minister at the written request of the electronic service provider that is subject to the order. Time and manner of request (2) The request must be made within the time and in the manner specified in the order and must state the grounds for review and set out the evidence that supports those grounds. Order in effect (3) The order continues to apply during a review unless the Minister decides otherwise. Decision on completion of review 26 (1) On completion of a review, the Minister must confirm, amend, revoke or cancel the order and provide notice of the decision and the reasons for the decision to the electronic service provider. Deemed confirmation (2) If the Minister does not make a decision in respect of the request within 90 days after the day on which the request is received, or within any further period that is agreed on by the Minister and the electronic service provider, the Minister is deemed to have confirmed the order. Administrative Monetary Penalties Violations Purpose of penalty 27 The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish. Commission of violations 28 (1) A person who contravenes any of the following provisions commits a violation and is liable to a penalty of an amount that is to be established by a designated person in accordance with the regulations: (a) section 12 , subsection 14 (1), section 15 , subsection 19 (5), section 22 or subsection 24 (1) or (2); (b) a provision of the regulations designated by a regulation made under paragraph 46 (1)(e). Maximum penalty (2) The maximum penalty for a violation is $50,000 in the case of an individual and $250,000 in the case of any other person. Continuing violation (3) A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued. Due diligence defence (4) A person is not to be found liable for a violation if they establish that they exercised due diligence to prevent its commission. Common law principles (5) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. Proof of violation 29 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or an agent or mandatary of the person, whether or not the employee or agent or mandatary is identified. Violation by corporate officers, etc. 30 If a person other than an individual commits a violation under this Act, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed the violation is proceeded against under this Act. Proceedings Issuance of notice of violation 31 If a designated person believes on reasonable grounds that a person has committed a violation, the designated person may issue, and must serve the person with, a notice of violation. Limitation or prescription period 32 (1) A notice of violation may not be issued in respect of a violation more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation. Certification by Minister (2) A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day. How act or omission may be proceeded with 33 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other. Payment of Penalties and Alternatives to Payment Effect of payment 34 (1) If a person named in a notice of violation pays, in the prescribed time and manner, the penalty set out in the notice of violation, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept that amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation are ended. Alternatives to payment (2) Instead of paying the penalty, the person may, in the prescribed time and manner, (a) request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates; or (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty. Failure to act (3) If the person does not pay the penalty in the prescribed time and manner and does not make one of the requests referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice. Compliance Agreements Compliance agreements 35 (1) The Minister may, on request, enter into a compliance agreement with a person named in a notice of violation on any conditions that are satisfactory to the Minister. The compliance agreement may provide for the reduction, in whole or in part, of the amount of the penalty for the violation. Effect of entering into agreement (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister must cause a notice to that effect to be provided to the person, at which time the proceedings commenced in respect of the violation are ended. Notice of default (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister must cause a notice of default to be provided to the person to the effect that, instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty, and, for greater certainty, subsection 28 (2) does not apply in respect of that amount. Effect of notice of default (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount that they spent under the compliance agreement and the person is liable to pay the amount set out in the notice. Effect of payment (6) If the person pays the amount set out in the notice of default, the Minister must accept the amount as complete satisfaction of the amount owing and the proceedings commenced in respect of the violation are ended. Refusal to enter into compliance agreement 36 (1) If the Minister refuses to enter into a compliance agreement with a person named in a notice of violation, the person is liable to pay, in the prescribed time and manner, the penalty set out in the notice of violation. Effect of payment (2) If the person pays the penalty, (a) they are deemed to have committed the violation in respect of which the payment is made; (b) the Minister must accept the amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation are ended. Effect of non-payment (3) If the person does not pay the penalty in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation. Review by the Minister Review — facts 37 (1) On completion of a review requested under paragraph 34 (2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established by the designated person in accordance with the regulations, the Minister must correct the amount. Violation not committed — effect (2) If the Minister determines that the person named in the notice of violation did not commit the violation, the proceedings commenced in respect of the violation are ended. Review — with respect to penalty (3) On completion of a review requested under paragraph 34 (2)(b) with respect to the amount of the penalty, the Minister must determine whether the amount of the penalty was established in accordance with the regulations and, if not, the Minister must correct the amount. Notice of decision (4) The Minister must cause a notice of any decision made under subsection (1) or (3) to be provided to the person named in the notice of violation. Liability for penalty (5) The person named in the notice of violation is liable to pay, in the time and manner specified in a decision made under subsection (1) or (3), the amount of the penalty that is confirmed or corrected in the decision. Effect of payment (6) If the person named in the notice of violation pays the amount referred to in subsection (5), the Minister must accept the amount as complete satisfaction of the penalty and the proceedings commenced in respect of the violation are ended. Recovery of Debts Debt to His Majesty 38 (1) The following amounts constitute debts due to His Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of a penalty, beginning on the day on which the notice of violation setting out the amount of the penalty is served; (b) the amount set out in a compliance agreement entered into under subsection 35 (1), beginning on the day on which the compliance agreement is entered into; (c) the amount set out in a notice of default referred to in subsection 35 (4), beginning on the day on which the time the notice is provided; and (d) the amount of a penalty as set out in a decision made by the Minister under subsection 37 (1) or (3), beginning on the day on which the time the notice of that decision is provided. Limitation or prescription period (2) No proceedings to recover such a debt may be commenced later than five years after the debt became payable. Debt final (3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 34 to 37 . Certificate 39 (1) Any debt referred to in subsection 38 (1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Registration (2) Registration in the Federal Court of the certificate has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. Offences Offences — general 40 (1) A person who contravenes any of the following provisions commits an offence: (a) section 12 , subsection 14 (1), section 15 , subsection 19 (5), section 22 or subsection 24 (1) or (2); (b) a provision of the regulations designated by a regulation made under paragraph 46 (1)(f). Punishment (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 in the case of an individual and not more than $500,000 in the case of any other person. Continuing offence (3) If an offence under subsection (1) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Due diligence defence (4) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent its commission. Proof of offence 41 In a prosecution of a person for an offence under subsection 40 (1), it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by an employee or an agent or mandatary of the person, whether or not the employee or agent or mandatary is identified. Offence by corporate officers, etc. 42 If a person other than an individual commits an offence under subsection 40 (1), any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, whether or not the person who actually committed the offence is prosecuted. Obstruction 43 A person commits an offence if they knowingly obstruct or hinder any of the following persons who are carrying out functions or duties under this Act: (a) a person referred to in subsection 14 (2); (b) a person designated under subsection 18 (1). False or misleading statements 44 A person commits an offence if they knowingly make a false or misleading statement, verbally or in writing, to any of the following persons who are carrying out functions or duties under this Act: (a) a person referred to in subsection 14 (2); (b) a person designated under subsection 18 (1). Punishment 45 A person who commits an offence under section 43 or 44 is liable on summary conviction (a) in the case of an individual, to a fine of not more than $25,000 for a first offence and of not more than $50,000 for each subsequent offence; and (b) in the case of any other person, to fine of not more than $100,000 for a first offence and of not more than $250,000 for each subsequent offence. Regulations Regulations 46 (1) The Governor in Council may make regulations (a) respecting any fees payable to electronic service providers for different types of assistance that they provide to persons exercising an authority referred to in subsection 2 (2); (b) respecting record-keeping and reporting by electronic service providers; (c) respecting the meaning of any term or expression for the purposes of this Act, including “authentication”, “encryption” and “systemic vulnerability”; (d) respecting orders referred to in section 21 and reports referred to in section 22 ; (e) respecting the administrative monetary penalties scheme, including regulations (i) designating provisions of the regulations for the purposes of paragraph 28 (1)(b), (ii) respecting the establishment of penalty amounts, (iii) respecting the content of notices of violation, (iv) respecting reviews by the Minister, and (v) respecting the service or provision of documents; (f) designating provisions of the regulations for the purposes of paragraph 40 (1)(b); (g) prescribing anything that is required or authorized by this Act to be prescribed; (h) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and (i) generally, for carrying out the purposes and provisions of this Act. Periodic review (2) Every five years after the day on which the first regulation is made under paragraph (1)(a), the Minister must review all regulations made under that paragraph. Notice (3) Before the first regulation under paragraph (1)(a) is made and during every review referred to in subsection (2), the Minister must publish a notice inviting the following persons to make representations within the time and in the form and manner specified in the notice: (a) the Attorney General of Canada; (b) the attorney general of each province; (c) core providers; and (d) electronic service providers that are subject to orders made under subsection 7 (1). Distinguishing 47 For greater certainty, regulations made under this Act may establish classes of electronic service providers and distinguish among them, including on the basis of the electronic service provided and on the basis of the number of persons in Canada to whom the electronic service provider provides services. Coming into Force Order in council 195 This Part comes into force on a day to be fixed by order of the Governor in Council. PART 16 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Collection and Use of Personal Information) Amendment to the Act 196 The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 11.7: PART 1. 2 Collection and Use of Personal Information Collection of personal information 11.71 (1) A person or entity referred to in section 5 may collect an individual’s personal information without the individual’s knowledge or consent if (a) the personal information is disclosed to the person or entity by the Royal Canadian Mounted Police or by a prescribed government department, institution or agency or a prescribed law enforcement agency; and (b) the discloser of the personal information affirms to the person or entity in writing that it considers that (i) the disclosure is for the purpose of detecting or deterring money laundering, terrorist activity financing or sanctions evasion, (ii) the disclosure is made without the individual’s knowledge or consent, and (iii) making the disclosure with the individual’s knowledge or consent would compromise the ability to detect or deter money laundering, terrorist activity financing or sanctions evasion. Consistent purpose (2) The discloser may, in its written affirmation, set out an additional purpose that is consistent with the purposes set out in subparagraph (1)(b)(i). Use of personal information 11.72 (1) A person or entity referred to in section 5 may, without an individual’s knowledge or consent, use the individual’s personal information collected under section 11.71 only for the purposes for which it was disclosed to the person or entity or for the purpose of detecting or deterring a contravention of the laws of Canada or a province that relates to money laundering, terrorist activity financing or sanctions evasion. For greater certainty (2) For greater certainty, the person or entity must not use the personal information with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun. Immunity 11. 73 No criminal or civil proceedings lie against a person or an entity that, in good faith, collects or uses personal information under this Part. Interpretation 11. 74 Nothing in this Part limits or affects any other lawful authority to disclose, collect or use an individual’s personal information without the individual’s knowledge or consent. 2000, c. 5 Related Amendments to the Personal Information Protection and Electronic Documents Act 197 (1) Subsection 7(1) of the Personal Information Protection and Electronic Documents Act is amended by adding the following after paragraph (b.01): (b.02) the collection is made in accordance with section 11.71 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act ; (2) Subsection 7(2) of the Act is amended by striking out “or” at the end of paragraph (c.1), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) it is used in accordance with section 11.72 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act . 198 Paragraph 9(3)(c.1) of the Act is replaced by the following: (c.1) the information was collected under paragraph 7(1)(b) or (b.02) ;