Bill C-29: An Act to establish the Financial Crimes Agency and to make consequential amendments to certain Acts and regulations

Short Title Short title 1 This Act may be cited as the Financial Crimes Agency Act . Definitions Definitions 2 The following definitions apply in this Act. Agency  means the Financial Crimes Agency established by section 4 . ( Agence ) Commissioner  means the Commissioner of the Agency appointed under subsection 8 (1). ( commissaire ) financial crime  means any offence, under an Act of Parliament, relating to financial assets — including digital assets — or financial services or markets, including (a) an offence under any Act of Parliament involving (i) laundering, trafficking or possession of proceeds of crime, or (ii) any conduct that adversely affects, or has the potential to adversely affect, the security or integrity of Canada’s economy or financial system or of any financial market in Canada; (b) a designated offence , as defined in subsection 462.3(1) of the Criminal Code , from which proceeds of crime are obtained or derived directly or indirectly; and (c) an offence under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act . ( crime financier ) Minister  means the Minister of Finance. ( ministre ) proceeds of crime  has the same meaning as in subsection 462.3(1) of the Criminal Code . ( produits de la criminalité ) Object of Act Object 3 The object of this Act is to establish a specialized federal law enforcement agency with the capability and expertise necessary to (a) investigate serious and complex financial crimes; (b) contribute to the recovery of proceeds of crime; and (c) participate in international efforts to counter crimes of a financial nature. Financial Crimes Agency Establishment Agency established 4 The Financial Crimes Agency is established. Minister responsible 5 The Minister is responsible for the Agency. Head office 6 (1) The head office of the Agency is to be in the National Capital Region, as described in the schedule to the National Capital Act . Other offices (2) The Commissioner may, with the approval of the Minister, establish other offices of the Agency elsewhere in Canada. Mandate Mandate 7 The mandate of the Agency is to investigate financial crimes and contribute to the recovery of proceeds of crime. Commissioner Appointment — Commissioner 8 (1) The Commissioner of the Agency is to be appointed by the Governor in Council. Term (2) The Commissioner is to hold office on a full-time basis during pleasure for a term of up to five years. Reappointment (3) The Commissioner may be reappointed for one or more terms of up to five years each. However, the Commissioner is to serve no more than 10 years in office in total. Absence or incapacity (4) In the event of the absence or incapacity of the Commissioner, or if the office of Commissioner is vacant, the Minister may appoint a qualified person to exercise the powers and perform the duties and functions of the Commissioner, but no person may be so appointed for a term of more than 90 days without the approval of the Governor in Council. Rank of deputy head 9 (1) The Commissioner has the rank and all the powers of a deputy head of a department. Peace officer (2) The Commissioner is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law. Remuneration 10 (1) The Commissioner is to be paid the remuneration that is fixed by the Governor in Council. Benefits (2) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act . Role 11 (1) The Commissioner, under the direction of the Minister, has the control and management of the Agency and all matters connected with the Agency. Directions (2) The Minister may direct the Commissioner on any matter that, in the Minister’s opinion, materially affects public policy or the strategic direction of the Agency. Statutory Instruments Act (3) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act . Direction available to public (4) As soon as feasible after issuing a direction under subsection (2), the Minister must make it available to the public. Delegation by Commissioner 12 The Commissioner may delegate to any employee of the Agency, subject to any terms and conditions that the Commissioner specifies, any of the Commissioner’s powers, duties or functions under this or any other Act of Parliament, except the power to delegate under this section. Employees Powers of Commissioner 13 (1) The Commissioner has exclusive authority to (a) appoint, lay off or terminate the employment of the employees of the Agency; and (b) establish standards, procedures and processes governing staffing, including the appointment or lay-off of employees or the termination of their employment otherwise than for cause. Right of employer (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Commissioner to deal with the matters referred to in paragraph (1)(b). Human resources management (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Agency, and the Commissioner may (a) determine the organization of and classify the positions in the Agency; (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties; (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which employees are entitled for services rendered, their hours of work and their leave and any related matters; and (d) provide for any other matters that the Commissioner considers necessary for effective human resources management in the Agency. Negotiation of collective agreements 14 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Agency employees, the Commissioner must have the Agency’s negotiating mandate approved by the President of the Treasury Board. Arrangement Arrangement 15 (1) The Commissioner and the Commissioner of the Royal Canadian Mounted Police, with the approval of the Minister of Public Safety and Emergency Preparedness, must enter into an arrangement for the use of the Royal Canadian Mounted Police, or any portion of it, with respect to the provision of services and assistance to the Agency. Amendment and termination (2) The Commissioner and the Commissioner of the Royal Canadian Mounted Police, with the approval of the Minister of Public Safety and Emergency Preparedness, may jointly amend or terminate the arrangement. Clarification (3) For greater certainty, persons who provide services and assistance to the Agency under the arrangement are not employees of the Agency and are deemed, for all purposes, to be performing duties or functions under the Royal Canadian Mounted Police Act . Delegation (4) If an arrangement is entered into under subsection (1), the Commissioner may delegate any of the Commissioner’s powers, duties and functions under section 16 , subject to any terms or conditions in the arrangement, to any person referred to in subsection (3). Financial Crimes Investigations and Recovery of Proceeds of Crime Power to investigate 16 (1) The Commissioner may, in the fulfillment of the Agency’s mandate, investigate any financial crime or any offence under any Act of Parliament committed in relation to a financial crime. Commencement (2) An investigation may be commenced by the Commissioner (a) on the Commissioner’s own initiative; or (b) at the request of, or in collaboration with, any law enforcement agency in or outside Canada or any public body in or outside Canada having authority to conduct investigations. Consultation (3) If the Commissioner considers it appropriate to do so, the Commissioner must, before commencing any investigation on their own initiative, consult with any other relevant law enforcement agency in Canada. Criteria 17 In order to focus the Agency’s efforts on serious and complex financial crimes, the Commissioner may establish criteria respecting which matters should be investigated under this Act. Investigations officers 18 (1) The Commissioner may designate any employee of the Agency, either by name or by class, to be an investigations officer whose duties include the conduct of investigations and the recovery of proceeds of crime under this Act. Clarification (2) For greater certainty, every employee designated under subsection (1) is a public officer for the purposes of section 25 and Part XV of the Criminal Code . Police officers 19 (1) The Commissioner may, in accordance with the regulations, designate any employee of the Agency, either by name or by class, to be a police officer whose duties include the conduct of investigations and the recovery of proceeds of crime under this Act. Peace officer (2) Every employee who is designated as a police officer is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the employee ceases to be so designated. Role of Attorney General of Canada Powers of Attorney General of Canada 20 Despite any other Act of Parliament, the Attorney General of Canada may conduct proceedings in respect of an offence under any Act of Parliament if the alleged offence is a financial crime that has been investigated under this Act, and for that purpose the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned by or under the Criminal Code to the Attorney General. Powers of Attorney General of province 21 Subject to section 22 , section 20 does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in that section or to exercise any of the powers or perform any of the duties and functions assigned by or under the Criminal Code to the Attorney General. Fiat of Attorney General of Canada 22 (1) If the Attorney General of Canada believes that an offence referred to in section 20 has been committed in any province, the Attorney General of Canada may issue a fiat to that effect and may serve the fiat on the Attorney General of the province. Factors (2) In deciding to issue a fiat under subsection (1), the Attorney General of Canada may take into account, among other things, any of the following: (a) whether the offence is transnational in nature; (b) whether the offence has been committed in more than one province; (c) whether the national interest is involved. Effect of fiat (3) If a fiat issued under subsection (1) is served on the Attorney General of a province, the fiat establishes the exclusive authority of the Attorney General of Canada with respect to the conduct of any proceedings in respect of the offence described in the fiat. Fiat filed in court 23 (1) If proceedings are conducted by or on behalf of the Attorney General of Canada in respect of an offence in relation to which a fiat has been issued under subsection 22 (1), the fiat or a copy of it may be filed with the court in which the proceedings are conducted. Proof (2) A fiat or a copy of a fiat purporting to have been issued under subsection 22 (1) by the Attorney General of Canada that is filed with the court under subsection (1) is conclusive proof that proceedings in respect of the offence described in the fiat may be conducted by or on behalf of the Attorney General of Canada and is admissible in evidence without proof of the signature or official character of the Attorney General of Canada. Miscellaneous Agreements 24 (1) The Agency may enter into contracts, agreements or other arrangements with any person or entity, in its own name or in the name of His Majesty in right of Canada. Clarification (2) For greater certainty, an agreement or arrangement may, among other things, be in respect of information sharing in relation to financial crimes or collaborating in the investigation of financial crimes. Regulations 25 (1) The Governor in Council may make regulations for carrying out the object of this Act, including regulations (a) respecting the duties and functions of employees of the Agency designated as investigations officers under section 18 ; (b) respecting the designation of employees of the Agency as police officers under subsection 19 (1), including regulations establishing criteria that an employee must meet in order to be so designated, and the duties and functions of those employees; (c) respecting the collection, retention, use, disclosure and disposal of information for the purposes of this Act; and (d) establishing an entity for the purpose of reviewing public complaints concerning the conduct of employees and former employees of the Agency designated as police officers under subsection 19 (1). Recommendations (2) Regulations made under paragraph (1)(b) establishing criteria for the designation of employees of the Agency as police officers must be made on the recommendation of the Minister and the Minister of Public Safety and Emergency Preparedness. Clarification (3) Regulations made under paragraph (1)(d) must provide that the persons reviewing the conduct are not peace officers. Deeming (4) The entity established by regulations made under paragraph (1)(d) is deemed to be a public authority for the purposes of subsection 25.1(3.1) of the Criminal Code . Special report 26 The Commissioner may, on the request of the Minister or on the Commissioner’s own initiative, provide the Minister with a special report concerning any matter that relates to the Agency’s mandate or strategic direction. Annual report 27 The Commissioner must, on or before September 30 of each year following the Agency’s first full year of operations, submit an annual report on the operations of the Agency for the preceding fiscal year to the Minister, and the Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 30 days on which that House is sitting after the Minister receives it. Five-year review 28 Five years after the day on which this section comes into force, or as soon as feasible after that day, the Minister must have a review of the provisions and operation of this Act undertaken. Amendments to this Act 29 (1) Paragraph 25 (1)(d) of the Financial Crimes Agency Act is repealed. (2) Subsections 25 (3) and (4) of the Act are repealed. Consequential Amendments Amendments to Acts R.S., c. A- 1 Access to Information Act 30 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Financial Crimes Agency Agence contre les crimes financiers R.S., c. C- 46 Criminal Code 31 The definition competent authority in subsection 25.1(1) of the Criminal Code is amended by adding the following after paragraph (a): (a.1) in the case of a person designated as a police officer under subsection 19 (1) of the Financial Crimes Agency Act , the Minister of Finance, personally; R.S., c. F- 11 Financial Administration Act 32 Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to Financial Crimes Agency Agence contre les crimes financiers and a corresponding reference in column II to “Minister of Finance”. 33 Schedule V to the Act is amended by adding the following in alphabetical order: Financial Crimes Agency Agence contre les crimes financiers 34 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to Financial Crimes Agency Agence contre les crimes financiers and a corresponding reference in column II to “Commissioner”. R.S., c. P- 21 Privacy Act 35 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Financial Crimes Agency Agence contre les crimes financiers R.S., c. P- 36 Public Service Superannuation Act 36 Part II of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Financial Crimes Agency Agence contre les crimes financiers 1992, c. 17 Special Economic Measures Act 37 Section 6.1 of the Special Economic Measures Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) the Commissioner of the Financial Crimes Agency. 38 Section 17 of the Act is replaced by the following: Sharing of information 17 The Minister of Foreign Affairs, any Minister designated under subsection 6(2) or (3), the Superintendent of Financial Institutions, the Director of the Canadian Security Intelligence Service and the Commissioner of the Financial Crimes Agency may assist the Minister of Finance in matters relating to the making, administration or enforcement of regulations referred to in subsection 14(1) or an order referred to in subsection 15(1) and, for that purpose, those persons and the Minister of Finance may collect information from and disclose information to each other. 2001, c. 27 Immigration and Refugee Protection Act 39 Subsection 150.1(1) of the Immigration and Refugee Protection Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph: (d.1) the retention, use, disclosure and disposal by the Financial Crimes Agency of biometric information and any related personal information that is collected under this Act and provided to that Agency for the fulfillment of its mandate; and 2015, c. 20, s. 2; 2019, c. 13, s. 114(E) Security of Canada Information Disclosure Act 40 Schedule 3 to the Security of Canada Information Disclosure Act is amended by adding, in alphabetical order in column 1, a reference to Financial Crimes Agency Agence contre les crimes financiers and a corresponding reference in column 2 to “Commissioner of the Financial Crimes Agency”. 2017, c. 21 Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) 41 Section 7.1 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) the Commissioner of the Financial Crimes Agency. 2024, c. 25 Public Complaints and Review Commission Act 42 Section 33 of the Public Complaints and Review Commission Act is amended by adding the following after subsection (2): Complaints — Financial Crimes Agency Act (2.1) Any individual may make a complaint concerning the conduct, in the performance of any duty or function under the Financial Crimes Agency Act , of any person who, at the time that the conduct is alleged to have occurred, was an employee of the Financial Crimes Agency designated as a police officer. Adaptations (2.2) For the purpose of dealing with a complaint made under subsection (2.1), in this Act and in any regulation made under this Act, (a) every reference to “complainant” is to be read as a reference to “person making the complaint”; (b) every reference to “CBSA employee” is to be read as a reference to “employee of the Financial Crimes Agency who is designated as a police officer under subsection 19(1) of the Financial Crimes Agency Act ”; (c) every reference to “Minister” is to be read as a reference to “Minister of Finance”; (d) every reference to “President” is to be read as a reference to “Commissioner of the Financial Crimes Agency”; and (e) every reference to “Agency” is to be read as a reference to “Financial Crimes Agency”. Amendments to Regulations SOR/83-507; SOR/2018-38. s. 1(E) Access to Information Regulations 43 Schedule I to the Access to Information Regulations is amended by adding the following after item 3: 3. 1 Financial Crimes Agency SOR/83-508; SOR/2018-39, s. 1(E) Privacy Regulations 44 Schedule II to the Privacy Regulations is amended by adding the following after item 18: 19 Financial Crimes Agency 45 Schedule III to the Regulations is amended by adding the following after item 3: 3. 1 Financial Crimes Agency SOR/92-502; SOR/2020-134, s. 1 Federal Real Property and Federal Immovables Regulations 46 Subsection 8(3) of the Federal Real Property and Federal Immovables Regulations is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) an acquisition entered into by the Minister responsible for the Financial Crimes Agency for the purpose of pursuing investigations under the Financial Crimes Agency Act . 47 Subsection 9(2) of the Regulations is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the Minister responsible for the Financial Crimes Agency, if a disposition is in respect of real property or an immovable acquired for the purpose of pursuing investigations described in paragraph 8(3)(c). SOR/93-246; SOR/2009-108. s. 1 Citizenship Regulations 48 Section 26.7 of the Citizenship Regulations is replaced by the following: 26. 7 The Minister may disclose the identity or the status of a person to the Royal Canadian Mounted Police, to the Financial Crimes Agency , to any provincial or municipal police force or to any other investigative bodies with which the Minister has entered into an arrangement or agreement for the disclosure of that information. SOR/2005-311; 2013, c. 40, par. 237(3)(a) Department of Employment and Social Development Regulations 49 Section 3 of the Department of Employment and Social Development Regulations is amended by adding the following after paragraph (h): (h.1) the Financial Crimes Agency, for the fulfillment of the Agency’s mandate; SOR/2009- 271 National Security Review of Investments Regulations 50 Section 7 of the National Security Review of Investments Regulations is amended by adding the following after paragraph (e): (e.1) Financial Crimes Agency; Transitional Provision Complaints 51 If, before the day on which section 33 of the Public Complaints and Review Commission Act comes into force, an entity has been established by regulations made under paragraph 25 (1)(d), every complaint made to that entity for which no final decision has been made is deemed to be a complaint made under subsection 33(2.1) of that Act. Coming into Force First anniversary of royal assent 52 (1) Section 27 comes into force on the first anniversary of the day on which this Act receives royal assent. S.C. 2024, c. 25 or royal assent (2) Section 29 comes into force on the day on which section 33 of the Public Complaints and Review Commission Act comes into force or, if it is later, on the day on which this Act receives royal assent.