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Notice

Vol. 141, No. 40 — October 6, 2007

Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2008)

Statutory authority

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Sponsoring department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The National Initiative to Combat Money Laundering was launched in 1999 as part of the Government's ongoing effort to combat money laundering in Canada. Following the events of September 11, 2001, the mandate of the initiative was enlarged to include the fight against terrorist financing activities and, since then, it has been referred to as the Anti-Money Laundering and Anti-Terrorist Financing Regime (the Regime). The foundation of this Regime is the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act) and its three sets of regulations, which were brought into force between 2001 and 2003.

The Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTF Regulations) implement a portion of Part 1 of the Act by requiring the financial institutions and financial intermediaries that are subject to the Act (see footnote 1) to identify their customers, keep certain records, report large cash transactions and international electronic fund transfers of $10,000 or more to the Financial Transactions and Reports Analysis Centre of Canada (the Centre) and develop an internal compliance regime.

The Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations (PCMLTF Suspicious Transaction Reporting Regulations) implement the remainder of Part 1 of the Act by requiring financial institutions and financial intermediaries to report financial transactions or attempted financial transactions where there are reasonable grounds to suspect that they are related to money laundering or terrorist financing activities.

The Cross-Border Currency and Monetary Instruments Reporting Regulations implement Part 2 of the Act by requiring any person or entity to report to the Canada Border Services Agency importations and exportations of currency or monetary instruments of a value of CAN$10,000 or more.

Following the coming into force of these regulations, the domestic and international environment changed. First, the international standards of the Financial Action Task Force (the Task Force), on which the Canadian Regime was based in 2000, were revised in 2003 to keep up with new money laundering and terrorist financing trends and techniques. Chapter 2 of the 2004 Report of the Auditor General and a Treasury Board mandated program evaluation report prepared by EKOS Research Associates also highlighted gaps in Canada's Regime. Several of the federal partners to the Regime, such as the Royal Canadian Mounted Police, the Canada Border Services Agency, the Canada Revenue Agency and the Centre, have proposed amendments to help them better fulfill their mandate. A few financial institutions and intermediaries have also requested changes to the Regime to allow them to concentrate their efforts in areas where the risk of money laundering or terrorist financing is higher.

In response to these new developments, the Department of Finance published in June 2005 a consultation paper proposing several measures to enhance the Regime. These proposals included enhanced customer due diligence, record keeping and transaction reporting measures for the persons and entities currently subject to the Act and the application of the Act to new sectors such as real estate developers. New administrative monetary penalties and registration schemes were also proposed to foster compliance with the Act. Since then, the Department of Finance has been in consultation with stakeholders to tailor the requirements to existing business practices in an effort to minimize, to the extent possible, their compliance burden.

In October 2006, the Minister of Finance tabled Bill C-25, which proposed the necessary legislative amendments to implement the proposals set out in the consultation paper. Bill C-25 received Royal Assent in December 2006, but new regulations were required to make the provisions fully effective. On June 27, 2007, the Department of Finance finalized a first set of amendments to the existing regulations that introduce new client identification, record keeping and transaction reporting requirements for all persons and entities that are subject to the Act. A new set of regulations, the Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations (PCLMTF Registration Regulations), which set out the details of a new registration scheme for money services businesses, was also finalized. On June 30, 2007, the Department of Finance pre-published for a 60-day comment period another set of regulatory amendments that would bring the legal profession, British Columbia notaries public and dealers in precious metals and stones under the Act. A new set of regulations, the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations (PCMLTF Administrative Monetary Penalties Regulations), was also pre-published for comments.

Although the June 27, 2007 final regulations and the June 30, 2007 pre-published regulations implement most of the proposals made in the consultation paper and the new provisions introduced in Bill C-25, further amendments to the regulations are required. First, new provisions must be added to the PCMLTF Regulations and the PCMLTF Suspicious Transaction Reporting Regulations in order to bring real estate developers under the Act and introduce a new requirement for casinos to report large disbursements. The PCMLTF Registration Regulations, which were published in June 2007, need to be amended to allow for staggered registration renewal dates.

1. Amendments to the PCMLTF Regulations and the PCMLTF Suspicious Transaction Reporting Regulations

The real estate sector has been identified as being vulnerable to money laundering and terrorist financing. Real estate agents have been subject to the Act since the inception of the regime, and the amendments to the regulations that were pre-published in June will bring under the Act two other sectors involved in real estate transactions, the legal profession and the British Columbia notaries public. The proposed amendments would extend the coverage of the Act to real estate developers with the goal of closing gaps in Canada's real estate industry. Real estate developers would be required to meet current as well as recently introduced client identification, record-keeping and reporting requirements under Part I of the Act. This includes identifying their clients whenever they receive funds in the context of a sale to the public and keeping records for such transactions, reporting large cash transactions and suspicious transactions to the Centre and developing a compliance program.

Under the current PCMLTF Regulations, casinos are required to ascertain the identity of their clients when they disburse $10,000 or more in cash and to keep a record of that transaction. The information kept on record is available for law enforcement investigations and despite its analytical value, it cannot be used by the Centre because those transactions are not reported. Hence, the Centre loses track of the funds leaving casinos when building a case disclosure. To address this gap, the proposed amendments to the Regulations would require casinos to report large disbursements to the Centre in addition to keeping a record of such transactions.

The Regulations that were published on June 27, 2007, allow persons and entities that are subject to the Act to rely on an agent or mandatary for the identification of a client, provided that the identification is done by referring to a government-issued document and there is a written agreement or arrangement between the parties. The proposed Regulations would provide more flexibility by allowing those agents and mandataries to use prescribed non-face-to-face identification methods as well.

Amendments to the Regulations that were published on June 27, 2007, are also proposed to clarify that for one-off electronic funds transfers sent on behalf of corporations and other entities, financial entities, money services businesses and casinos only have to identify the person who requests the transfer and keep records of the transactions.

2. PCMLTF Registration Regulations

On June 27, 2007, the Department of Finance published the PCMLTF Registration Regulations, which provided the details of a new registration scheme for money services businesses introduced in Bill C-25. However, some changes to the Regulations are proposed to facilitate its implementation. Other amendments would stagger the registration renewal dates for registered money services businesses, i.e., registrants would be required to renew their registration on different dates. This will ease the workload of the Centre, which will act as the registrar for the scheme and, depending on the circumstances, will provide up to twelve additional months for the first renewal.

Alternatives

The proposed Regulations are part of a broader regulatory process that will enhance Canada's regime and bring it in line with international standards. Opting for the status quo would maintain gaps in the current regime and prevent the Government of Canada from meeting its commitment to ensure that the regime remains effective.

Benefits and costs

The proposed amendments will have implications for real estate developers. For instance, each developer will be required to put in place policies and procedures to ensure that they fulfil their requirements under the Act. This includes policies and procedures to address client identification, record keeping and, where applicable, reporting requirements. In addition, employees will require training on the implementation of these policies and procedures. Entities will also be required to undertake a risk assessment to determine whether their business has vulnerabilities that could be used for money laundering or terrorist activity financing.

The requirement for casinos to report large disbursements will generate additional information technology costs for both casinos and the Centre, as they will have to develop the necessary information technology systems to send and receive the reports electronically. Casinos will also need to devote additional resources to training for employees and develop additional policies and procedures.

These costs are reasonable, given the benefit of further deterring money laundering and terrorist financing activities, as they have been introduced with the intention of closing gaps in the current regime and making more financial information available to the Centre and to law enforcement agencies. These measures will also send a signal to the international community that Canada is an active participant in the fight against money laundering and terrorist financing.

Consultation

The Department of Finance released a consultation paper on June 30, 2005, titled Enhancing Canada's Anti-Money Laundering and Anti-Terrorist Financing Regime. This document presented a series of proposed changes to the Act and its regulations. Stakeholders and partners to the Regime were invited to submit their comments on the paper and more than 50 stakeholders provided written submissions. These submissions came from various groups including individuals, financial sector business associations, financial institutions, professional associations, law enforcement agencies and provincial ministries and agencies.

Since the publication of the consultation paper, the Department of Finance has consulted extensively with stakeholders to discuss their written comments and find ways to adapt the proposed amendments to their current business practices and the risks of money laundering or terrorist financing activities within their sectors.

The comments made on the proposal to bring real estate developers under the Act were varied. However, most of the comments made by the six national and regional associations that have been consulted were related to the risks of money laundering in the sector, the protection of private information and the liability of a developer if they fail to report a suspicious transaction. Some casinos have also expressed concerns regarding the compliance burden that would be imposed by the obligation to report large disbursements and questioned its benefit, given that casinos already report suspicious transactions to the Centre. Most of these concerns have been addressed during the discussions and the Department of Finance has committed to develop regulations that would fit to the extent possible into existing business practices in order to minimize the compliance burden.

Following the publication of the proposed Regulations in Part I of the Canada Gazette, the Department of Finance will continue to consult with stakeholders in order to address any further concerns and refine the Regulations.

Compliance and enforcement

The Centre is responsible for ensuring compliance with Part 1 of the Act and its related regulations. The Centre sends compliance questionnaires to persons or entities that are subject to the Act to better assess the compliance risks and conducts on-site examinations. It also has the capacity to enter into information-sharing agreements with industry regulators to reduce the number of compliance examinations to which entities are subjected.

The proposed Regulations would impose compliance obligations on real estate developers, a new sector under the Act. In recognition of these new responsibilities, Budget 2006 allocated additional funding to assist the Centre in implementing the new requirements.

Reporting entities that do not comply with the Act and its regulations are currently subject to criminal penalties and, depending on the offence, convictions that could result in up to five years imprisonment, a fine of up to $500,000, or both. However, a new administrative monetary penalties scheme will allow for penalties that are in proportion to the violation, leading to improved compliance with the Act. Violations under this scheme are classified into one of three categories: minor, serious and very serious. The PCMLTF Administrative Monetary Penalties Regulations, which were pre-published in June, further specify maximum penalty amounts for each category of violation as it relates to persons or entities. The maximum penalty amount that can be imposed under the administrative monetary penalty scheme for violations classified as very serious is, in the case of an entity, $500,000 and in the case of a person, $100,000.

Contact

Diane Lafleur
Director
Financial Sector Division
Department of Finance
140 O'Connor Street
Ottawa, Ontario
K1A 0G5
Telephone: 613-992-5885
Fax: 613-943-8436
Email: fcs-scf@fin.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 73(1) (see footnote a) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (see footnote b), proposes to make the annexed Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2008).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Chief, Financial Crimes Section – Domestic, Financial Sector Division, Department of Finance, L'Esplanade Laurier, 140 O'Connor Street, 20th Floor, East Tower, Ottawa, Ontario K1A 0G5 (tel.: 613-992-0553; facsimile: 613-943-8436; e-mail: fcs-scf@fin.gc.ca).

Ottawa, September 27, 2007

MARY PICHETTE
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT (2008)

PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING SUSPICIOUS TRANSACTION REPORTING REGULATIONS

1. Subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations (see footnote 2) is amended by adding the following in alphabetical order:

"real estate developer" means

(a) a person or entity that carries out, or engages one or more persons or entities to carry out, the construction of all or substantially all of a house or a residential, commercial or industrial building; or

(b) a person or entity, other than a real estate broker or sales representative, that engages in the sale of a new house or a new residential, commercial or industrial building, other than on behalf of their employer. (promoteur immobilier)

2. The Regulations are amended by adding the following after section 7:

7.1 Every real estate developer is subject to Part 1 of the Act when they engage in the sale of five or more houses or condominium units or one or more residential, commercial or industrial buildings to the public within a calendar year.

PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING REGULATIONS

3. Subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (see footnote 3) is amended by adding the following in alphabetical order:

"real estate developer" means

(a) a person or entity that carries out, or engages one or more persons or entities to carry out, the construction of all or substantially all of a house or a residential, commercial or industrial building; or

(b) a person or entity, other than a real estate broker or sales representative, that engages in the sale of a new house or a new residential, commercial or industrial building, other than on behalf of their employer. (promoteur immobilier)

4. Subparagraphs 14(m)(i) and (ii) of the Regulations, as enacted by subsection 27(3) of the Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2007-1), registered as SOR/2007-122, are replaced by the following:

(i) if the client is a person, their name, address, date of birth and telephone number and the nature of their principal business or occupation,

(ii) if the client is an entity, the name, address, date of birth and telephone number of the person initiating the transaction on behalf of the entity and the nature of that person's principal business or their occupation,

5. Subparagraphs 30(e)(i) and (ii) of the Regulations, as enacted by subsection 37(2) of the Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2007-1), registered as SOR/2007-122, are replaced by the following:

(i) if the client is a person, their name, address, date of birth and telephone number and the nature of their principal business or occupation,

(ii) if the client is an entity, the name, address, date of birth and telephone number of the person initiating the transaction on behalf of the entity and the nature of that person's principal business or their occupation,

6. The Regulations are amended by adding the following after section 39.3:

REAL ESTATE DEVELOPERS

39.4 Every real estate developer is subject to Part 1 of the Act when they engage in the sale of five or more houses or condominium units or one or more residential, commercial or industrial buildings to the public within a calendar year.

39.5 Subject to subsection 52(1), every real estate developer who, when engaging in an activity described in section 39.4, receives an amount in cash of $10,000 or more in the course of a single transaction shall report the transaction to the Centre, together with the information set out in Schedule 1, unless the cash is received from a financial entity or a public body.

39.6 (1) Subject to subsections (3) and 52(2), every real estate developer shall, when engaging in an activity described in section 39.4, keep the following records:

(a) a receipt of funds record in respect of every amount that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body;

(b) a client information record in respect of every sale of a house or condominium unit or a residential, commercial or industrial building; and

(c) where the receipt of funds record or the client information record is in respect of a corporation, a copy of the part of official corporate records that contains any provision relating to the power to bind the corporation in respect of transactions with the real estate developer.

(2) Subject to subsection 52(2), every real estate developer shall, when engaging in an activity described in section 39.4, keep a large cash transaction record in respect of every amount in cash of $10,000 or more that they receive in the course of a single transaction, unless the cash is received from a financial entity or a public body.

(3) Paragraphs (1)(a) and (c) do not apply in respect of a transaction if a large cash transaction record is also required by subsection (2) to be kept in respect of that same transaction.

7. (1) The portion of subsection 42(1) of the Regulations before paragraph (a) is replaced by the following:

42. (1) Every casino shall report to the Centre the disbursement of $10,000 or more in the course of any of the following transactions, together with the information set out in Schedule 8:

(2) Subsection 42(2) of the Regulations is replaced by the following:

(2) For the purpose of subsection (1), two or more disbursements of less than $10,000 each that are made within 24 consecutive hours and that together total $10,000 or more are considered to be a single transaction of $10,000 or more if an employee or a senior officer of the casino knows that the disbursements are received by, or on behalf of, the same person or entity.

(3) For the purpose of subsection (1), the requirement to report information set out in Schedule 8 does not apply in respect of information set out in an item of that Schedule that is not marked with an asterisk if, after taking reasonable measures to do so, the casino is unable to obtain the information.

8. (1) Subparagraphs 43(f)(i) and (ii) of the Regulations, as enacted by section 46 of the Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2007-1), registered as SOR/2007-122, are replaced by the following:

(i) if the client is a person, their name, address, date of birth and telephone number and the nature of their principal business or occupation,

(ii) if the client is an entity, the name, address, date of birth and telephone number of the person initiating the transaction on behalf of the entity and the nature of that person's principal business or their occupation,

(2) Section 43 of the Regulations is amended by striking out the word "and" at the end of paragraph (e), by adding the word "and" at the end of paragraph (f) and by adding the following after paragraph (f):

(g) a copy of every report made to the Centre under subsection 42(1).

9. Section 44 of the Regulations is replaced by the following:

44. (1) Every casino that is required to report a disbursement under subsection 42(1) shall take reasonable measures to determine whether the person who in fact receives the disbursement is acting on behalf of a third party.

(2) Where the casino determines that the person who receives the disbursement is acting on behalf of a third party, the casino shall keep a record that sets out

(a) if the third party is a person, their name, address and date of birth and the nature of their principal business or occupation;

(b) if the third party is an entity, the name and address of the entity and the nature of its principal business, and if the entity is a corporation, the entity's incorporation number and the place where it was issued; and

(c) the nature of the relationship between the third party and the person who receives the disbursement.

(3) Where the casino is not able to determine whether the person who receives the disbursement is acting on behalf of a third party, but there are reasonable grounds to suspect that they are doing so, the casino shall keep a record that

(a) indicates whether, according to the person, the disbursement is being received on behalf of a third party; and

(b) describes the grounds for suspecting that the person is acting on behalf of a third party.

10. The Regulations are amended by adding the following after section 59.5:

REAL ESTATE DEVELOPERS

59.6 Subject to section 63, every real estate developer shall, in respect of a transaction for which a record is required to be kept under section 39.6,

(a) in accordance with subsection 64(1), ascertain the identity of every person who conducts the transaction;

(b) in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation on whose behalf the transaction is conducted and the names of the corporation's directors; and

(c) in accordance with section 66, confirm the existence of every entity, other than a corporation, on whose behalf the transaction is conducted.

11. Subparagraph 60(b)(i) of the Regulations is replaced by the following:

(i) receives an amount from the casino for which a record is required to be kept under paragraph 43(g),

12. The portion of subsection 62(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Sections 14, 14.1, 19, 23, 33.2 and 33.4, subsection 39.3(1) and sections 39.6, 54, 54.1, 54.2, 55, 56, 56.1, 57, 57.1, 59.3, 59.4, 59.5 and 59.6 do not apply in respect of

13. (1) The portion of subsection 64(1) of the Regulations before paragraph (a) is replaced by the following:

64. (1) In the cases referred to in sections 53, 53.1, 54, 55, 56, 57, 59, 59.1, 59.2, 59.3, 59.4, 59.5, 59.6, 60 and 61, the identity of a person shall be ascertained, at the time referred to in subsection (2) and in accordance with subsection (3),

(2) Paragraph 64(2)(b) of the Regulations is replaced by the following:

(b) in the cases referred to in section 53, paragraph 54(1)(b), subsection 59(1) and paragraphs 59.3(a), 59.4(a), 59.5(a), 59.6(a), 60(b) and 61(b), at the time of the transaction;

14. Subsection 64.1(1) of the Regulations is replaced by the following:

64.1 (1) A person or entity that is required to take measures to ascertain identity under subsection 64(1) or (1.1) may rely on an agent or mandatary to take the identification measures described in that subsection only if that person or entity has entered into an agreement or arrangement, in writing, with that agent or mandatary for the purposes of ascertaining identity.

15. Paragraph 65(2)(e) of the Regulations is replaced by the following:

(e) in the cases referred to in paragraphs 59.1(b), 59.2(1)(b), 59.3(b), 59.4(b), 59.5(b) and 59.6(b), within 30 days after the transaction.

16. Paragraph 66(2)(e) of the Regulations is replaced by the following:

(e) in the cases referred to in paragraphs 59.1(c), 59.2(1)(c), 59.3(c), 59.4(c), 59.5(c) and 59.6(c), within 30 days after the transaction.

17. The section references after the heading "SCHEDULE 1" in Schedule 1 to the Regulations are replaced by the following:

(Paragraph 12(1)(a), sections 17 and 21, paragraph 28(1)(a), sections 33.1, 35, 38, 39.2 and 39.5, paragraph 40(1)(a), section 47 and subsections 52(1) and (3))

18. The Regulations are amended by adding, after Schedule 7, the Schedule 8 set out in the schedule to these Regulations.

PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING REGISTRATION REGULATIONS

19. Section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations (see footnote 4) is replaced by the following:

2. For the purpose of subsection 54.1(3) of the Act, "identifying information" means the information set out in Part A and items 1 to 4 of Part C of Schedule 1, the date of revocation or expiration of the registration of a person or entity, if any, and the date of cessation of an activity by a registered person or entity, if any.

20. The Regulations are amended by adding the following after section 6:

RENEWAL OF REGISTRATION

6.1 (1) For the purpose of section 11.19 of the Act, a registered person or corporation that renews their registration for the first time shall do so not later than

(a) in the case of a person, the last day of the month of the person's first birthday that occurs after the second anniversary of their initial registration; and

(b) in the case of a corporation, the last day of the month of the first anniversary of its incorporation that occurs after the second anniversary of the corporation's initial registration.

(2) For the purposes of section 11.19 of the Act, a registered person or entity that renews their registration for the second or any subsequent time shall do so not later than the day after the second anniversary of the date of the most recent renewal of their registration.

21. Items 7 to 9 of Part B of Schedule 1 to the Regulations are replaced by the following:

7. For an applicant that is a corporation,

(a) the name and date of birth of the chief executive officer, the president and every director of the corporation and every person who owns or controls, directly or indirectly, 20 per cent or more of the shares of the corporation

(b) the name, incorporation number and place of incorporation of every corporation that owns or controls, directly or indirectly, 20 per cent or more of the shares of the corporation, and

(c) the name of every entity other than a corporation that owns or controls, directly or indirectly, 20 per cent or more of the shares of the corporation

8. For an applicant that is an entity other than a corporation,

(a) the name and date of birth of the chief executive officer, the president and every director of the entity and every person who owns or controls, directly or indirectly, 20 per cent or more of the entity

(b) the name, incorporation number and place of incorporation of every corporation that owns or controls, directly or indirectly, 20 per cent or more of the entity, and

(c) the name of every entity other than a corporation that owns or controls, directly or indirectly, 20 per cent or more of the entity

9. Name, address, account number and branch number or transit number of every financial entity with which the applicant maintains an account for the purposes of remitting or transmitting funds

COMING INTO FORCE

22. These Regulations come into force on the day on which they are registered.

SCHEDULE
(Section 18)

SCHEDULE 8
(Subsections 42(1) and (3))

LARGE CASINO DISBURSEMENT REPORT

PART A — Information on Place of Business Where Disbursement Occurred

1.* Identification number of place of business where disbursement occurred (e.g., casino's identification number, licence number or other identifying number), if applicable

2.* Full name of reporting person or entity

3.* Full address of place of business where disbursement occurred

4.* Name and telephone number of contact person

PART B — Information on Disbursement

1.* Date of disbursement

2. Time of disbursement

3.* Purpose and details of disbursement

(a) reason for disbursement (chip redemption, gaming voucher redemption, payout or other reason), amount received, currency of amount received

(b) type of disbursement (cash, cheque, electronic funds transfer, deposit in account at financial institution or other form of disbursement), amount disbursed and currency of amount disbursed and, if applicable, name and account number of each person involved in the disbursement, other than a person referred to in item 2 of Part A or Part D or F, and each entity involved in the disbursement, other than an entity referred to in item 2 of Part A or Part E

4.* Method by which the disbursement is made (in person, by armoured car or by another method)

PART C — Casino Account Information (if applicable)

1.* Account number

2.* Casino Identifier Number, if applicable

3.* Type of account (credit, front money or other type of account)

4.* Full name of each account holder

5.* Type of currency of the account

PART D — Information on Person Requesting Disbursement

1.* Person's full name

2. Client number provided by reporting person or entity, if applicable

3.* Person's full address

4. Person's personal telephone number

5. Person's country of residence

6.* Person's type of identifier (e.g., driver's licence, birth certificate, provincial health insurance card — if such use of the card is not prohibited by the applicable provincial law — or passport) and identifier number

7.* Place of issue of person's identifier (province or state, country)

8.* Person's date of birth

9. Person's business telephone number

10.* Person's occupation

PART E — Information on Entity on Whose Behalf Disbursement is Requested (if applicable)

1.* Entity's full name

2.* Entity's incorporation number and jurisdiction of its incorporation, if applicable

3.* Entity's type of business

4.* Entity's full address

5. Entity's telephone number

6. Full name of each person — up to three — who is authorized to bind the entity or act with respect to the account

PART F — Information on Person on Whose Behalf Disbursement is Requested (if applicable)

1.* Person's full name

2.* Person's full address

3. Person's personal telephone number

4. Person's business telephone number

5. Person's type of identifier (e.g., driver's licence, birth certificate, provincial health insurance card — if such use of the card is not prohibited by the applicable provincial law — or passport) and identifier number

6. Place of issue of person's identifier (province or state, country)

7. Person's date of birth

8. Person's occupation

9. Person's country of residence

10. Relationship of person requesting the disbursement to the person on whose behalf the disbursement is made

[40-1-o]

Footnote 1

The financial institutions and financial intermediaries that are subject to the Act include banks, cooperative credit societies, savings and credit unions, caisses populaires, life insurance companies, life insurance brokers or agents, trust and loans companies, securities dealers, money services businesses (including foreign exchange dealers), casinos, real estate brokers or sales representatives, accountants and accounting firms and certain departments and agents of Her Majesty in right of Canada or a province.

Footnote a

S.C. 2006, c. 12, s. 39

Footnote b

S.C. 2000, c. 17; S.C. 2001, c. 41, s. 48

Footnote 2

SOR/2001-317; SOR/2002-185

Footnote 3

SOR/2002-184

Footnote 4

SOR/2007-121

 

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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