Canada Gazette

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.

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).

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

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

1. The definitions "electronic funds transfer" and "money services business" in subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations (see footnote 1) are replaced by the following:

"electronic funds transfer" means the transmission — through any electronic, magnetic or optical device, telephone instrument or computer — of instructions for the transfer of funds, other than the transfer of funds within Canada. In the case of SWIFT messages, only SWIFT MT 103 messages are included. (télévirement)

"money services business" means a person or entity referred to in paragraph 5(h) of the Act. (entreprise de transfert de fonds ou de vente de titres négociables)

2. For the purposes of these Regulations, a person acting on behalf of their employer is considered to be acting on behalf of a third party except when the person is depositing cash into the employer's business account.

7. Every real estate broker or sales representative is subject to Part 1 of the Act when they act as an agent in respect of the purchase or sale of real estate.

9. (1) Subject to section 11, a report under section 7 of the Act concerning a financial transaction or an attempted financial transaction in respect of which there are reasonable grounds to suspect that the transaction or attempted transaction is related to the commission of a money laundering offence or a terrorist activity financing offence shall contain the information set out in Schedule 1.

(2) The report shall be sent to the Centre within 30 days after the person or entity or any of its employees or officers first detects a fact respecting a financial transaction or an attempted financial transaction that constitutes reasonable grounds to suspect that the transaction or attempted transaction is related to the commission of a money laundering offence or a terrorist activity financing offence.

12.1 Every person or entity who submits to the Centre a Suspicious Transaction or Attempted Transaction Report set out in Schedule 1 shall keep a copy of the report.

7. (1) Subparagraph 13(a)(iii) of the Regulations is replaced by the following:

(iii) their address and electronic mail address,

(iii.1) their telephone number,

(2) Paragraph 13(a) of the Regulations is amended by striking out the word "and" at the end of subparagraph (vi) and by replacing subparagraph (vii) with the following:

(vii) the name and address of any person or entity on whose behalf the financial transaction or attempted financial transaction is conducted or on whose behalf the importation or exportation is carried out, and

(viii) the telephone number of the place of business where the financial transaction or attempted financial transaction occurred; and

(3) The portion of paragraph 13(b) of the Regulations before subparagraph (i) is replaced by the following:

(b) in the case of a financial transaction or an attempted financial transaction, the following information, namely,

(4) Subparagraphs 13(b)(iii) to (vi) of the French version of the Regulations are replaced by the following:

(iii) le numéro de l'opération ou de la tentative d'opération, le cas échéant,

(iv) l'heure de l'opération ou de la tentative d'opération,

(v) le type d'opération ou de tentative d'opération,

(vi) les noms des parties à l'opération ou la tentative d'opération,

(5) Paragraph 13(b) of the Regulations is amended by striking out the word "and" at the end of subparagraph (v) and by adding the following after subparagraph (vi):

(vii) the type of account,

(viii) the name and address of all persons authorized to act in respect of the account, if any, and

(ix) the type of report, as listed in paragraph 54(a) of the Act, from which the information disclosed is compiled.

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

9. Part B of Schedule 1 to the Regulations is amended by adding the following after item 7:

10. The heading of Part D of Schedule 1 to the Regulations is replaced by the following:

PART D — Information on Person Conducting or Attempting to Conduct Transaction

11. The Regulations are amended by replacing the word "transaction" with the words "transaction or attempted transaction" wherever it occurs in the following provisions:

12. The Regulations are amended by replacing the word "conducted" with the words "conducted or attempted" wherever it occurs in the following provisions:

13. (1) Subsection 1(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (see footnote 2) is replaced by the following:

"casino" means a person or entity that is licensed, registered, permitted or otherwise authorized to do business under any of paragraphs 207(1)(a) to (g) of the Criminal Code and that conducts its business activities in a permanent establishment

(a) that the person or entity holds out to be a casino and in which roulette or card games are carried on; or

(b) where there is a slot machine, which, for the purposes of this definition, does not include a video lottery terminal.

It does not include a person or entity that is a registered charity as defined in subsection 248(1) of the Income Tax Act and is licensed, registered, permitted or otherwise authorized to carry on business temporarily for charitable purposes, if the business is carried out in the establishment of the casino for not more than two consecutive days at a time under the supervision of the casino. (casino)

"shell bank" means a foreign financial institution that does not have a physical presence in any country, unless it is controlled by or is under common control with a depository institution, credit union or foreign financial institution that maintains a physical presence in Canada or in a foreign country. (banque fictive)

(2) The definitions "electronic funds transfer" and "money services business" in subsection 1(2) of the Regulations are replaced by the following:

"money services business" means a person or entity referred to in paragraph 5(h) of the Act. (entreprise de transfert de fonds ou de vente de titres négociables)

(3) Subparagraph (a)(ii) of the definition "large cash transaction record" in subsection 1(2) of the Regulations is replaced by the following:

(ii) in any other case, the name of the person from whom the amount is in fact received, their address and date of birth and the nature of their principal business or occupation, if the information is not readily obtainable from other records that the recipient keeps and retains under these Regulations;

(4) Subsection 1(2) of the Regulations is amended by adding the following in alphabetical order:

"correspondent banking relationship" has the same meaning as in subsection 9.4(3) of the Act. (relation de correspondant bancaire)

"physical presence" means, in respect of a foreign financial institution, a place of business that is maintained by the institution, is located at a fixed address in a country in which the institution is authorized to conduct banking activities — at which address it employs one or more individuals on a full-time basis and maintains operating records related to its banking activities — and is subject to inspection by the banking authority that licensed the institution to conduct banking activities. (présence physique)

"receipt of funds record" means, in respect of a transaction in which an amount of funds is received, a record that contains the following information:

(a) if the information is not readily obtainable from other records that the recipient keeps and retains under these Regulations, the name of the person or entity from whom the amount is in fact received and

(i) where the amount is received from a person, their address and date of birth and the nature of their principal business or occupation, and

(ii) where the amount is received from an entity, their address and the nature of their principal business;

(c) the number of any account that is affected by the transaction, and the type of that account, the full name of the person or entity that is the account holder and the currency in which the transaction is conducted;

(d) the purpose and details of the transaction, including other persons or entities involved and the type and form of the transaction;

(e) if the funds are received in cash, whether the cash is received by armoured car, in person, by mail or in any other way; and

(f) the amount and currency of the funds received. (relevé de réception de fonds)

1.1 For the purpose of the definition "politically exposed foreign person" in subsection 9.3(3) of the Act, the prescribed family members of a politically exposed foreign person are

15. Section 3 of the Regulations is renumbered as subsection 3(1) and is amended by adding the following:

(2) For greater certainty, subsection (1) does not apply in respect of an electronic funds transfer sent to two or more beneficiaries where the transfer is requested by

(b) an administrator of a pension fund that is regulated by or under an Act of Parliament or of the legislature of a province.

7. For the purposes of these Regulations, a person acting on behalf of their employer is considered to be acting on behalf of a third party except when the person is depositing cash into the employer's business account.

(a) the account is in a country that is a member of the Financial Action Task Force;

INFORMATION ON DIRECTORS OR PARTNERS OR ON PERSONS WHO OWN OR CONTROL 25 PER CENT OR MORE OF A CORPORATION OR OTHER ENTITY

11.1 (1) Every financial entity or securities dealer that is required to confirm the existence of an entity in accordance with these Regulations when it opens an account in respect of that entity, every life insurance company, life insurance broker or agent that is required to confirm the existence of an entity in accordance with these Regulations and every money services business that is required to confirm the existence of an entity in accordance with these Regulations when it enters into an ongoing electronic funds transfer, fund remittance or currency exchange service agreement with that entity, shall, at the time the existence of the entity is confirmed, take reasonable measures to obtain and, if obtained, keep a record of

(a) where the confirmation is in respect of a corporation, the name, address and occupation of all directors of the corporation and of all persons who own or control, directly or indirectly, 25 per cent or more of the shares of the corporation; and

(b) where the confirmation is in respect of an entity other than a corporation, the name, address and occupation of all partners and directors of the entity and of all persons who own or control, directly or indirectly, 25 per cent or more of the entity or manage the entity.

(2) Where the entity the existence of which is being confirmed by a person or entity under subsection (1) is a not-for-profit organization, the person or entity shall determine, and keep a record that sets out, whether that entity is

(a) a charity registered with the Canada Revenue Agency under the Income Tax Act; or

(b) an organization, other than one referred to in paragraph (a), that solicits charitable financial donations from the public.

20. (1) The portion of subsection 12(1) of the Regulations before paragraph (a) is replaced by the following:

12. (1) Subject to section 50 and subsection 52(1), every financial entity shall report the following transactions and information to the Centre:

(2) Subsections 12(3) and (4) of the Regulations are replaced by the following:

(3) Paragraph (1)(b) applies in respect of a financial entity that orders a person or entity, to which subsection (1), 28(1) or 40(1) applies, to send out of Canada an electronic funds transfer made at the request of a client, unless it provides that person or entity with the name and address of that client.

(4) Subject to subsection (5), for greater certainty, paragraph (1)(c) does not apply when the financial entity receives an electronic funds transfer from a person or entity in Canada, even if the initial sender is outside Canada.

(5) Paragraph (1)(c) applies in respect of a financial entity that receives an electronic funds transfer for a beneficiary in Canada from a person or entity to which subsection (1), 28(1) or 40(1) applies where the initial sender is outside Canada, unless the electronic funds transfer contains the name and address of that beneficiary.

21. (1) The portion of section 14 of the Regulations before paragraph (a) is replaced by the following:

14. Subject to subsection 62(2), every financial entity shall keep the following records:

(c) where it opens an account in the name of a person or of an entity other than a corporation, a client information record in respect of that person or entity;

(c.1) where it opens a credit card account in the name of a person, a record of the name, address, telephone number and date of birth of every holder of a credit card for that account;

(c.2) where it opens a credit card account in the name of a corporation, a record of the name, address, telephone number and date of birth of every holder of a credit card for that account;

(c.3) where it opens a credit card account in the name of an entity other than a corporation, a record of the name, address, telephone number and date of birth of every holder of a credit card for that account;

(c.4) in respect of every account that it opens, a record that sets out the intended use of the account;

(3) Section 14 of the Regulations is amended by striking out the word "and" at the end of paragraph (i) and by adding the following after paragraph (j):

(k) where it receives an amount of $3,000 or more in consideration of the issuance of traveller's cheques, money orders or similar negotiable instruments, a record of the date, the amount received, the name and address of the person who in fact gave the amount and whether the amount received was in cash, traveller's cheques, money orders or other similar negotiable instruments;

(l) where, in a single transaction, it cashes one money order of $3,000 or more, or two or more money orders of $3,000 or more, a record of the total amount of the money order or orders, the date on which the money order or orders were cashed, the name and address of the person who made the request for the money order or orders to be cashed and the name of the issuer of each money order;

(i) the name, address, telephone number, date of birth and occupation of the client initiating the transaction,

(ii) the relevant account number, if any, and the reference number, if any, of the transaction and the date of the transaction,

(iii) the name and address of the person or entity to whom the amount is remitted or transmitted, and

(iv) the amount and currency of the transaction; and

(n) where the opening of an account for a politically exposed foreign person has been approved under paragraph 67.1(1)(b) or a transaction has been approved under paragraph 67.1(2)(b)

(i) the office or position in respect of which the client is determined to be a politically exposed foreign person,

(ii) the source, if known, of the funds that are or are expected to be deposited in the account,

(iii) the date of the determination that the client is a politically exposed foreign person,

(iv) the name of the member of senior management who approved the opening of the account, and

(v) the date the opening of the account was approved.

15.1 Every financial entity shall, when it enters into a correspondent banking relationship, keep, in addition to the records referred to in sections 13 and 14, a record in respect of the respondent entity containing the following information and documents:

(d) a copy of the most recent annual report or audited financial statement of the respondent entity;

(e) a copy of the respondent entity's banking licence, banking charter, authorization or certification to operate from the relevant regulatory agency or certificate of corporate status or a copy of another similar document;

(f) a copy of the correspondent banking agreement or arrangement, or product agreements, defining the respective responsibilities of each entity;

(g) the anticipated correspondent banking account activity of the respondent entity, including the products or services to be used;

(h) a statement from the respondent entity that it does not have, directly or indirectly, correspondent banking relationships with shell banks;

(i) the anti-money laundering and anti-terrorist financing procedures of the respondent entity, including procedures for the approval of opening new accounts; and

(j) a statement from the respondent entity that it is in compliance with anti-money laundering and anti-terrorist financing legislation in its own jurisdiction.

16. Part 1 of the Act applies to life insurance companies and life insurance brokers or agents except in respect of the sale of reinsurance products.

19. (1) Subject to subsection 62(2), every life insurance company or life insurance broker or agent shall keep a client information record for every purchase from the company, broker or agent of an immediate or deferred annuity or a life insurance policy for which the client may pay $10,000 or more over the duration of the annuity or policy, regardless of the means of payment.

(2) Subject to subsection 62(2), in the case of a life insurance policy that is a group life insurance policy or in the case of a group annuity, the client information record shall be kept in respect of the applicant for the policy or annuity.

20.1 Every life insurance company or life insurance broker or agent shall keep a record of the following information when a transaction is approved under paragraph 67.1(2)(b):

(a) the office or position in respect of which the person initiating the transaction is determined to be a politically exposed foreign person;

(d) the name of the member of senior management who approved the transaction; and

28. (1) The portion of subsection 23(1) of the Regulations before paragraph (a) is replaced by the following:

23. (1) Subject to subsection (2) and section 62, every securities dealer shall keep the following records:

(2) Subsection 23(1) of the Regulations is amended by adding the following after paragraph (a):

(a.1) in respect of every account that the securities dealer opens, a record that sets out the intended use of the account;

(3) Subsection 23(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (d), by adding the word "and" at the end of paragraph (e) and by adding the following after paragraph (e):

(f) where the opening of an account, the holder of which has been determined to be a politically exposed foreign person, is approved under paragraph 67.1(1)(b)

(i) the office or position in respect of which the account holder was determined to be a politically exposed foreign person,

(ii) the date of the determination,

(iii) the source, if known, of the funds that are or are expected to be deposited in the account,

(iv) the name of the member of senior management who approved the opening of the account, and

(v) the date the opening of the account was approved.

29. The heading before section 24 and sections 24 to 26 of the Regulations are repealed.

31. Subsections 28(3) and (4) of the Regulations are replaced by the following:

(3) Paragraph (1)(b) applies in respect of a money services business that orders a person or entity, to which subsection (1), 12(1) or 40(1) applies, to send out of Canada an electronic funds transfer made at the request of a client, unless it provides that person or entity with the name and address of that client.

(4) Subject to subsection (5), for greater certainty, paragraph (1)(c) does not apply when the money services business receives an electronic funds transfer from a person or an entity in Canada, even if the initial sender is outside Canada.

(5) Paragraph (1)(c) applies in respect of a money services business that receives an electronic funds transfer for a beneficiary in Canada from a person or entity to which subsection (1), 12(1) or 40(1) applies where the initial sender is outside Canada, unless the electronic funds transfer contains the name and address of that beneficiary.

32. (1) The portion of section 30 of the Regulations before paragraph (a) is replaced by the following:

30. Every money services business shall keep the following records in respect of any of the activities referred to in paragraph 5(h) of the Act:

(a.1) every client credit file that it creates in the normal course of business;

(a.2) every internal memorandum that it receives or creates in the normal course of business and that concerns services provided to its clients;

(b) where a client information record is created in respect of a client that is 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 money services business, if the copy of that part is obtained in the normal course of business;

(3) Section 30 of the Regulations is amended by striking out the word "and" at the end of paragraph (d) and by replacing paragraph (e) with the following:

(i) the name, address, telephone number, date of birth and occupation of the client initiating the transaction,

(ii) the reference number and date of the transaction,

(iii) the name and address of the person or entity to whom the amount is remitted or transmitted, and

(iv) the amount and currency of the transaction; and

(f) a transaction ticket in respect of every foreign currency exchange transaction.

31. Every money services business shall keep a record of the following information when a transaction is approved under paragraph 67.1(2)(b):

(a) the office or position in respect of which the person initiating the transaction is determined to be a politically exposed foreign person;

(d) the name of the member of senior management who approved the transaction; and

32. Every money services business that enters into an ongoing electronic funds transfer, funds remittance or currency exchange service agreement with an entity shall keep a record of the name, address, date of birth and occupation of every person who has signed the agreement on behalf of the entity, a client information record with respect to the entity and a list containing the name, address and date of birth of every employee authorized to order transactions under the agreement.

34. (1) Subsection 34(1) of the Regulations is amended by adding the word "or" at the end of paragraph (a), by striking out the word "or" at the end of paragraph (b) and by repealing paragraph (c).

(2) Subsection (1) does not apply in respect of an accountant when they engage in any of the activities referred to in paragraph (1)(a) or (b) on behalf of their employer.

36. (1) Every accountant and every accounting firm shall, when engaging in an activity described in section 34, keep the following records:

(a) a receipt of funds record in respect of every amount of $3,000 or more that they receive in the course of a single transaction, unless the amount is received from a financial entity or a public body; and

(b) where the receipt of funds record is in respect of a client that is 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 accountant or accounting firm.

(2) Subject to subsection 52(2), every accountant and every accounting firm shall, when engaging in an activity described in section 34, 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) The requirement set out in subsection (1) to keep a receipt of funds record does 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.

37. Every real estate broker or sales representative is subject to Part 1 of the Act when they act as an agent in respect of the purchase or sale of real estate.

39. (1) Subject to subsection 52(2), every real estate broker or sales representative shall, when engaging in an activity described in section 37, 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 purchase or sale of real estate; and

(c) where the receipt of funds 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 broker or sales representative.

(2) Subject to subsection 52(2), every real estate broker or sales representative shall, when engaging in an activity described in section 37, 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.

40. (1) Subject to subsection 52(1), every casino shall report the following transactions and information to the Centre:

(a) the receipt from a client of an amount in cash of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 1, unless the cash is received from a financial entity or a public body;

(b) the sending out of Canada, at the request of a client, of an electronic funds transfer of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 5; and

(c) the receipt from outside Canada of an electronic funds transfer, sent at the request of a client, of $10,000 or more in the course of a single transaction, together with the information referred to in Schedule 6.

(2) Subject to subsection (3), for greater certainty, paragraph (1)(b) does not apply when the casino sends an electronic funds transfer to a person or entity in Canada, even if the final recipient is outside Canada.

(3) Paragraph (1)(b) applies in respect of a casino that orders a person or entity, to which subsection (1), 12(1) or 28(1) applies, to send out of Canada an electronic funds transfer made at the request of a client, unless it provides that person or entity with the name and address of that client.

(4) Subject to subsection (5), for greater certainty, paragraph (1)(c) does not apply when the casino receives an electronic funds transfer from a person or entity in Canada, even if the initial sender is outside Canada.

(5) Paragraph (1)(c) applies in respect of a casino that receives an electronic funds transfer for a beneficiary in Canada from a person or entity to which subsection (1), 12(1) or 28(1) applies where the initial sender is outside Canada, unless the electronic funds transfer contains the name and address of that beneficiary.

41. (1) Subject to subsection 52(2), every casino shall keep a large cash transaction record in respect of every amount in cash of $10,000 or more that it receives in the course of a single transaction, unless the amount is received from a financial entity or a public body.

40. Section 43 of the Regulations is amended by striking out the word "and" at the end of paragraph (d) and by replacing paragraph (e) with the following:

(e) with respect to every foreign currency exchange transaction, a transaction ticket; and

(i) the name, address, telephone number, date of birth and occupation of the client initiating the transaction,

(ii) the relevant account number if any, and the reference number, if any, of the transaction and the date of the transaction,

(iii) the name and address of the person or entity to whom the amount is remitted or transmitted, and

(iv) the amount and currency of the transaction.

41. Subsections 52(2) and (3) of the Regulations are replaced by the following:

(2) The requirement that a person or entity keep or retain a record or include information in it does not apply if the information that must be found in the record is readily obtainable from other records that the person or entity is required to keep or retain under these Regulations.

(3) Despite subsection (1), for the application of subsection 3(1), the requirement to report information set out in Schedules 1 to 3, 5 and 6 does not apply to a person or entity in respect of information set out in an item of any of those Schedules that is marked with an asterisk if, after taking reasonable measures to do so, the person or entity is unable to obtain the information.

53. Subject to subsection 63(1), every person or entity that is required to keep and retain a large cash transaction record under these Regulations shall ascertain, in accordance with subsection 64(1), the identity of every person with whom the person or entity conducts a transaction in respect of which that record must be kept, other than a deposit made to a business account or a deposit made by means of an automated banking machine.

53.1 (1) Except where identity has been previously ascertained as required by these Regulations, every person or entity that is subject to these Regulations shall take reasonable measures to ascertain, in accordance with subsection 64(1), the identity of every person with whom the person or entity conducts a transaction that must be reported under section 7 of the Act.

(2) Subsection (1) does not apply if the person or entity believes that complying with that subsection would inform the person that the transaction and the related information is being reported under section 7 of the Act.

43. The portion of subsection 54(1) of the Regulations before paragraph (d) is replaced by the following:

(a) in accordance with subsection 64(1), ascertain the identity of every person who signs a signature card in respect of an account, other than a credit card account, that the financial entity opens, except in the case of a business account the signature card of which is signed by more than three persons authorized to act with respect to the account, if the financial entity has ascertained the identity of at least three of those persons;

(b) in accordance with subsection 64(1), ascertain the identity of every person who has not signed a signature card in respect of an account held with the financial entity or is not authorized to act with respect to such an account and who conducts

(i) a transaction whereby the financial entity issues or redeems money orders, traveller's cheques or other similar negotiable instruments in an amount of $3,000 or more,

(ii) a transaction whereby the financial entity remits or transmits $1,000 or more by any means through any person or entity, or

(iii) a foreign currency exchange transaction of $3,000 or more;

54.1 (1) Subject to subsections (2) and 62(1) and section 63, every financial entity shall

(a) where the financial entity opens a credit card account in the name of a person, ascertain their identity in accordance with subsection 64(1.1);

(b) where the financial entity opens a credit card account in the name of a corporation, confirm the existence of and ascertain the name and address of the corporation in accordance with section 65 and ascertain the identity of the administrator of the account in accordance with subsection 64(1); and

(c) where the financial entity opens a credit card account in the name of an entity other than a corporation, confirm the existence of the entity in accordance with section 66 and ascertain the identity of the account administrator in accordance with subsection 64(1).

(2) Subsection (1) does not apply in respect of a financial entity that carries on a credit card acquiring business when it carries out activities in relation to that business.

54.2 Subject to section 62 and subsection 63(5), every financial entity shall

(a) in accordance with subsection 64.2(1), take reasonable measures to determine whether a person for whom the financial entity opens an account is a politically exposed foreign person;

(b) take reasonable measures, based on the level of the risk referred to in subsection 9.6(2) of the Act, to determine whether a person who is an existing account holder is a politically exposed foreign person; and

(c) in accordance with subsection 64.2(2), take reasonable measures to determine whether the person who initiates or is the recipient of an electronic funds transfer of $100,000 or more is a politically exposed foreign person.

45. (1) The portion of section 55 of the Regulations before paragraph (b) is replaced by the following:

55. Subject to sections 62 and 63, every trust company shall, in addition to complying with section 54,

(a) in accordance with subsection 64(1), ascertain the identity of every person who is the settlor of an inter vivos trust in respect of which the company is required to keep records under section 15;

(ii) in accordance with subsection 64(1), ascertain the identity of all persons — up to three — who are authorized to give instructions with respect to the entity's activities as co-trustee; and

(e) in accordance with subsection 64(1), ascertain the identity of each person who is authorized to act as co-trustee of any trust.

55.1 Every financial entity that enters into a correspondent banking relationship shall

(a) ascertain the name and address of the respondent entity by examining a copy of the respondent entity's banking licence, banking charter, authorization or certification to operate from the relevant regulatory agency or certificate of corporate status or a copy of another similar document; and

(b) take reasonable measures to ascertain, based on publicly available information, whether there are any sanctions against the respondent entity in respect of anti-money laundering requirements and, if so, to conduct ongoing monitoring of the correspondent banking relationship.

55.2 In respect of correspondent banking relationships, where the customer of the respondent entity has direct access to the services provided under the correspondent banking relationship, the financial entity shall take reasonable measures to ascertain that

(a) the respondent entity has, in respect of those of its customers that have direct access to the accounts of the correspondent entity, met requirements that are consistent with the requirements of sections 14, 54 and 64; and

(b) the respondent entity has agreed to provide relevant customer identification data upon request to the correspondent entity.

56. (1) Subject to subsections (2), 62(2) and 63(1), every life insurance company or life insurance broker or agent shall ascertain, in accordance with subsection 64(1), the identity of every person who conducts, on the person's own behalf or on behalf of a third party, a transaction with that life insurance company or life insurance broker or agent for which a client information record is required to be kept under section 19.

(2) A life insurance company or life insurance broker or agent is not required to ascertain the identity of a person where there are reasonable grounds to believe that the person's identity has been ascertained in accordance with subsection 64(1) by another life insurance company or life insurance broker or agent in respect of the same transaction or of a transaction that is part of a series of transactions that includes the original transaction.

(3) Subject to subsections 62(2) and 63(2) and (4), every life insurance company or life insurance broker or agent shall, in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation in respect of which they are required to keep a client information record and the names of the corporation's directors.

(4) Subject to subsections 62(2) and 63(3), every life insurance company or life insurance broker or agent shall, in accordance with section 66, confirm the existence of every entity, other than a corporation, in respect of which they are required to keep a client information record.

56.1 Subject to subsections 62(2) and 63(5), every life insurance company or life insurance broker or agent shall, in accordance with subsection 64.2(2), take reasonable measures to determine if a person who initiates a payment of $100,000 or more for the purchase of an immediate or deferred annuity or life insurance policy on their own behalf or on behalf of a third party is a politically exposed foreign person.

48. (1) Subsections 57(1) and (2) of the Regulations are replaced by the following:

57. (1) Subject to subsection (5), section 62 and subsection 63(1), every securities dealer shall ascertain, in accordance with subsection 64(1), the identity of every person who is authorized to give instructions in respect of an account for which a record must be kept by the securities dealer under subsection 23(1).

(2) Subsections 57(3) to (5) of the Regulations are replaced by the following:

(3) Subject to section 62 and subsections 63(2) and (4), every securities dealer shall, in accordance with section 65, confirm the existence of and ascertain the name and address of every corporation for which it opens an account, and the names of the corporation's directors.

(4) Subject to section 62 and subsection 63(3), every securities dealer shall, in accordance with section 66, confirm the existence of every entity, other than a corporation, for which it opens an account.

(5) Subsection (1) does not apply in respect of any account referred to in subsection 23(2).

57.1 (1) Subject to section 62 and subsection 63(5), every securities dealer shall, in accordance with subsection 64.2(1), take reasonable measures to determine if the person for whom the securities dealer opens an account is a politically exposed foreign person.

(2) Subject to section 62 and subsection 63(5), every securities dealer shall take reasonable measures, based on the level of the risk referred to in subsection 9.6(2) of the Act, to determine whether a person who is an existing account holder is a politically exposed foreign person.

59. (1) Subject to subsection 63(1), every money services business shall, in accordance with subsection 64(1), ascertain the identity of every person who conducts any of the following transactions:

(a) the issuance or redemption of money orders, traveller's cheques or other similar negotiable instruments in an amount of $3,000 or more;

(b) the remittance or transmission of $1,000 or more by any means through any person or entity; or

(2) Subject to subsections 63(2) and (4), every money services business shall, in accordance with section 65, confirm the existence of every corporation in respect of which a client information record is required to be kept or a record is required to be kept under section 32 and ascertain the name and address of the corporation and the names and dates of birth of its directors.

(3) Subject to subsection 63(3), every money services business shall, in accordance with section 66, confirm the existence of every entity, other than a corporation, in respect of which a client information record is required to be kept.

(4) Subsection (1) does not apply when a person referred to in section 32 conducts a transaction on behalf of their employer under an agreement referred to in that section.

(5) Subject to section 63, every money services business shall, in accordance with subsection 64.2(2),

(a) take reasonable measures to determine whether the person who initiates an electronic funds transfer of $100,000 or more is a politically exposed foreign person; and

(b) take reasonable measures to determine whether the person who is the recipient of an electronic funds transfer of $100,000 or more is a politically exposed foreign person.

59.1 Subject to section 63, every accountant and every accounting firm shall, in respect of a transaction for which a record must be kept under subsection 36(1),

(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

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

59.2 (1) Subject to section 63, every real estate broker or sales representative shall, in respect of a transaction for which a record must be kept under subsection 39(1),

(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

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

(2) Where the persons or entities that are parties to a real estate transaction are each represented by a different real estate broker or sales representative, the real estate broker or sales representative that represents one party is not required to ascertain the identity of or confirm the existence of any other party.

(3) Where one or more but not all of the parties to a real estate transaction are represented by a real estate broker or sales representative, each real estate broker or sales representative that represents a party to the transaction shall ascertain the identity or confirm the existence of the parties that are not so represented.

52. The portion of section 60 of the Regulations before paragraph (e) is replaced by the following:

(a) in accordance with subsection 64(1), ascertain the identity of every person who signs a signature card in respect of an account that the casino opens, except in the case of a business account whose signature card is signed by more than three persons authorized to act with respect to the account, if the casino has ascertained the identity of at least three of those persons;

(b) in accordance with subsection 64(1), ascertain the identity of every person who

(i) conducts a transaction with the casino for which a large cash disbursement record is required to be kept under subsection 42(1),

(ii) conducts a transaction of $3,000 or more with the casino for which an extension of credit record is required to be kept under paragraph 43(d),

(iii) conducts a foreign currency exchange transaction of $3,000 or more with the casino for which a transaction ticket is required to be kept under paragraph 43(e), or

(iv) requests that an amount of $1,000 or more be remitted or transmitted;

53. Paragraphs 61(a) and (b) of the Regulations are replaced by the following:

(a) in accordance with subsection 64(1), ascertain the identity of every person in respect of whom a client information record is kept under paragraph 49(a);

(b) in accordance with subsection 64(1), ascertain the identity of every person in respect of whom no client information record is kept and who conducts a transaction that involves an amount of $3,000 or more for the issuance or redemption of money orders or other similar negotiable instruments;

54. Section 62 of the Regulations and the heading before it are replaced by the following:

62. (1) Section 54, subsection 54.1(1) and sections 54.2, 57, 57.1 and 60 do not apply in respect of

(a) the opening of a business account in respect of which the financial entity, the securities dealer or the casino, as the case may be, has already ascertained the identity of at least three persons who are authorized to give instructions in respect of the account;

(b) the opening of an account for the sale of mutual funds where there are reasonable grounds to believe that identity has been ascertained in accordance with subsection 64(1) by a securities dealer in respect of

(i) the sale of the mutual funds for which the account has been opened, or

(ii) a transaction that is part of a series of transactions that includes that sale;

(c) a person who already has an account with the financial entity, the securities dealer or the casino, as the case may be;

(d) the opening of an account where there are reasonable grounds to believe that the account holder is a public body or a corporation that has minimum net assets of $75 million on its last audited balance sheet and whose shares are traded on a Canadian stock exchange or a stock exchange that is prescribed by section 3201 of the Income Tax Regulations and operates in a country that is a member of the Financial Action Task Force; or

(e) the opening of an account where the account holder is a subsidiary of a public body or a corporation referred to in paragraph (d) and its financial statements are consolidated with the financial statements of the public body or corporation.

(2) Sections 14, 19, 23, 54, 54.2, 55, 56, 56.1, 57 and 57.1 do not apply in respect of

(a) the purchase of an exempt policy as defined in subsection 306(1) of the Income Tax Regulations, as it read on May 1, 1992;

(b) the purchase of a group life insurance policy that does not provide for a cash surrender value or a savings component;

(c) the purchase of an immediate or deferred annuity that is paid for entirely with funds that are directly transferred from a registered pension plan or from a pension plan that is required to be registered under the Pension Benefits Standards Act, 1985, or similar provincial legislation;

(d) the purchase of a registered annuity policy or a registered retirement income fund;

(e) the purchase of an immediate or deferred annuity that is paid for entirely with the proceeds of a group life insurance policy;

(f) a transaction that is part of a reverse mortgage or of a structured settlement;

(g) the opening of an account for the deposit and sale of shares from a corporate demutualization or the privatization of a Crown corporation;

(h) the opening of an account in the name of foreign affiliates of a financial entity;

(i) the opening of a registered plan account, including a locked-in retirement plan account, a registered retirement savings plan account and a group registered retirement savings plan account;

(j) the opening of an account established pursuant to the escrow requirements of Canadian securities regulators;

(k) the opening of an account where the account holder or settlor is a pension fund that is regulated by or under an Act of Parliament or of the legislature of a province;

(l) instances where the entity in respect of which a client information record is required to be kept is a public body or a corporation referred to in paragraph (1)(d); or

(m) instances where the entity in respect of which a client information record is required to be kept is a subsidiary of a public body or a corporation referred to in paragraph (1)(d) and its financial statements are consolidated with the financial statements of that public body or corporation.

(3) In respect of a group plan account, a financial entity, securities dealer, life insurance company or life insurance broker or agent is not required to ascertain the identity of any individual member of the group plan, if

(a) the member's contributions are made by the sponsor of the plan or by means of payroll deductions; and

(b) the existence of the plan sponsor has been confirmed in accordance with section 65.

55. (1) Section 63 of the Regulations is amended by adding the following after subsection (1):

(1.1) Subsection (1) does not apply where the person has doubts about the information collected.

(4) Despite paragraphs 54(1)(d), 54.1(1)(b) and 55(b), subsections 56(3), 57(3) and 59(2) and paragraphs 60(e) and 61(c), the names of a corporation's directors need not be ascertained if the corporation is a securities dealer.

(5) A person or entity that has determined that a person is a politically exposed foreign person in accordance with section 54.2, 56.1 or 57.1 or subsection 59(5) is not required to subsequently determine if that same person is a politically exposed foreign person.

64. (1) In the cases referred to in sections 53, 53.1 and 54, paragraphs 54.1(1)(b) and (c) and sections 55, 56, 57, 59, 59.1, 59.2, 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),

(a) if the person is physically present when the account is opened, the credit card application is submitted, the trust is established, the client information record is created or the transaction is conducted, by referring to the person's birth certificate, driver's licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or other similar document; or

(b) if the person is not physically present when the account is opened, the credit card application is submitted, the trust is established, the client information record is created or the transaction is conducted,

(A) confirming that one of the following entities has identified the person in accordance with paragraph (a), namely,

(I) an entity, referred to in any of paragraphs 5(a) to (g) of the Act, that is affiliated with the entity ascertaining the identity of the person,

(II) an entity that carries on activities outside Canada similar to the activities of a person or entity referred to in any of paragraphs 5(a) to (g) of the Act and that is affiliated with the entity ascertaining the identity of the person, or

(III) an entity that is a member of the same association — being a central cooperative credit society within the meaning of section 2 of the Cooperative Credit Associations Act — as the entity ascertaining the identity of the person, and

(B) verifying that the name, address, telephone number and date of birth in the record kept by that affiliated entity or that entity that is a member of the same association corresponds to the information provided in accordance with these Regulations by the person, or

(ii) by using one of the following combinations of the identification methods set out in Part A of Schedule 7, namely,

(A) methods 1 and 3,

(B) methods 1 and 4,

(D) methods 2 and 3,

(E) methods 2 and 4,

(F) methods 2 and 5,

(G) methods 3 and 4, or

(H) methods 3 and 5.

(1.1) In the case referred to in paragraph 54.1(a), the identity of a person shall be ascertained by a person or entity, at the time referred to in subsection (2) and in accordance with subsection (3),

(a) if the person is physically present when the credit card application is submitted, by referring to the person's birth certificate, driver's licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or other similar document; or

(b) where the person is not physically present when the credit card application is submitted,

(A) confirming that one of the following entities has identified the person in accordance with paragraph (a), namely,

(I) an entity, referred to in any of paragraphs 5(a) to (g) of the Act, that is affiliated with the entity ascertaining the identity of the person,

(ii) by using a combination of any two identification methods referred to in either Part A or Part B of Schedule 7, or

(iii) where the person has no credit history in Canada and the credit limit on the card is not more than $1,500, by using a combination of any two identification methods referred to in any of Parts A, B and C of Schedule 7.

(1.2) For the purposes of paragraphs (1)(b)(i) and (1.1)(b)(i), an entity is affiliated with another entity if one of them is wholly-owned by the other or both are wholly-owned by the same entity.

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

(b.1) in the cases referred to in paragraph 54.1(a), before the credit card is activated;

(b.2) in the cases referred to in paragraphs 54.1(b) and (c), before any credit card is issued on the account;

(3) Paragraphs 64(2)(d) and (e) of the Regulations are replaced by the following:

(d) in the cases referred to in subsection 56(1) and paragraph 61(a), within 30 days after the client information record is created;

(e) in the case referred to in section 57, within seven days after the account is opened; and

(f) in the cases referred to in paragraphs 59.1(a) and 59.2(1)(a), at the time of the transaction.

(3) Unless otherwise specified in these Regulations, only original documents that are valid and have not expired may be referred to for the purpose of ascertaining identity in accordance with subsection (1) or (1.1).

64.1 (1) A person or entity required to take measures to ascertain identity under paragraph 64(1)(a) or (1.1)(a) may rely on an agent or mandatary to take those measures 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.

(2) A person or entity that enters into an agreement or arrangement referred to in subsection (1) must obtain from the agent the customer information obtained by the agent or mandatary under that agreement or arrangement.

64.2 (1) The determination as to whether a person is a politically exposed foreign person must be made, in the cases referred to in paragraph 54.2(a) and subsection 57.1(1), before any transaction, other than the initial deposit, is carried out in respect of the account.

(2) The determination as to whether a person is a politically exposed foreign person must be made, in the cases referred to in paragraph 54.2(c), section 56.1 and subsection 59(5), at the time the transaction is initiated.

58. (1) Subsection 65(2) of the Regulations is amended by adding the following after paragraph (a):

(a.1) in the case referred to in paragraph 54.1(b), before any credit card is issued on the account;

(2) Paragraphs 65(2)(c) and (d) of the Regulations are replaced by the following:

(c) in the cases referred to in subsections 56(3) and 59(2) and paragraph 61(c), within 30 days after the client information record is created;

(d) in the case referred to in subsection 57(3), within 30 days after the opening of the account; and

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

59. (1) Subsection 66(2) of the Regulations is amended by adding the following after paragraph (a):

(a.1) in the case referred to in paragraph 54.1(c), before any credit card is issued on the account;

(2) Paragraphs 66(2)(c) and (d) of the Regulations are replaced by the following:

(c) in the cases referred to in subsections 56(4) and 59(3) and paragraph 61(d), within 30 days after the client information record is created;

(d) in the case referred to in subsection 57(4), within 30 days after the account is opened; and

(e) in the case referred to in paragraph 59.2(1)(c), within 30 days after the transaction.

66.1 (1) The prescribed persons or entities for the purpose of section 9.5 of the Act are every financial entity, money services business and casino that is required to keep a record under these Regulations in respect of an electronic funds transfer referred to in subsection (2).

(2) The prescribed electronic funds transfers to which section 9.5 of the Act applies are those within the meaning of subsection 1(2) — but including transfers within Canada that are SWIFT MT 103 messages — that are sent by a means that allows for the information referred to in paragraph 9.5(a) of the Act to be included with the transfers.

67. Every person or entity that is required to ascertain the identity of a person in accordance with any of sections 53 to 61 shall, as applicable, set out on or in or include with the signature card, client information record, transaction ticket, large cash transaction record, large cash disbursement record, receipt of funds record, extension of credit record, account operating agreement or account application form or the copy of the Suspicious Transaction or Attempted Transaction Report referred to in section 12.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations, as the case may be,

(a) if a birth certificate, driver's licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or any other similar record is relied on to ascertain the person's identity, the type and reference number of the record and the place where it was issued;

(b) if a confirmation of a cleared cheque from a financial entity is relied on to ascertain the person's identity, the name of the financial entity and the account number of the deposit account on which the cheque was drawn;

(c) if the person's identity is ascertained by confirming that they hold a deposit account with a financial entity, the name of the financial entity where the account is held and the number of the account and the date of the confirmation; (d) if the person's identity is ascertained by relying on a previous confirmation of their identity by an entity that is affiliated with the entity ascertaining the identity of the person or an entity that is a member of the same association — being a central cooperative credit society within the meaning of section 2 of the Cooperative Credit Associations Act — as the entity ascertaining the identity of the person, the name of that entity and the type and reference number of the record that entity previously relied on to ascertain the person's identity;

(e) if an identification product is used to ascertain the person's identity, the name of the identification product, the name of the entity offering the product, the search reference number and the date the product was used to ascertain their identity;

(f) if the person's identity is ascertained by consulting a credit file kept by an entity in respect of the person, the name of the company and the date of the consultation;

(g) if the person's identity is ascertained from an attestation signed by a commissioner of oaths in Canada or a guarantor in Canada, a legible photocopy of the attestation;

(h) if the person's identity is ascertained by consulting an independent data source, the name of the data source, the date of the consultation and the information provided by the data source;

(i) if the person's identity is ascertained by relying on a utility invoice issued in the person's name, the invoice or a legible photocopy of the invoice;

(j) if the person's identity is ascertained by relying on a photocopy of a document provided by the person, that photocopy; and

(k) if the person's identity is ascertained by relying on a deposit account statement issued in the person's name by a financial entity, a legible photocopy of the statement.

67.1 (1) A financial entity or securities dealer that has determined under paragraph 54.2(a) or (b) or section 57.1 that a person is a politically exposed foreign person shall

(a) take reasonable measures to establish the origin of the funds that have been, will be or are expected to be deposited in the account in question;

(b) obtain the approval of senior management to open the account within 10 days after the day on which the client was determined to be a politically exposed foreign person; and

(2) A financial entity, a life insurance company or life insurance broker or agent or a money services business that has determined under paragraph 54.2(c), section 56.1 or subsection 59(5) that a person is a politically exposed foreign person shall

(a) take reasonable measures to establish the origin of the funds to be used for the transaction in question; and

(b) in respect of the transaction in question, obtain, for the purpose of subsection 9.3(2) of the Act, the approval of senior management before the transaction is conducted.

71. (1) For the purpose of subsection 9.6(1) of the Act, a person or entity shall implement the compliance program referred to in that subsection by

(a) appointing a person who is to be responsible for the implementation of the program;

(b) developing and applying written compliance policies and procedures that are approved by a senior officer and are kept up to date;

(c) assessing and documenting, in a manner that is appropriate for the person or entity, the risk referred to in subsection 9.6(2) of the Act, taking into consideration

(i) the type of client and the nature of the relationship between the person or entity and the client, the type of product and the delivery channels for the product and the geographic location where the business activities of the client are carried out,

(ii) the operating revenues and business activities of the person or entity, and

(d) if the person or entity has employees, agents or other persons authorized to act on their behalf, developing and maintaining a written ongoing compliance training program for those employees, agents or persons; and

(e) instituting and documenting a review of the policies and procedures, the risk assessment and the training program for the purpose of testing their effectiveness, which review is required to be carried out every two years by an internal or external auditor of the person or entity, or by the person or entity itself if it does not have such an auditor.

(2) For the purposes of the compliance program referred to in subsection 9.6(1) of the Act, every person or entity shall report the following in written form to a senior officer at intervals of two years or less:

(b) any updates to the policies and procedures made within the reporting period; and

71.1 The prescribed special measures that are required to be taken by a person or entity for the purpose of subsection 9.6(3) of the Act are the development and application of written policies and procedures for

(a) taking reasonable measures to keep client identification information and beneficiary information up to date;

(b) taking reasonable measures to conduct ongoing monitoring for the purpose of detecting suspicious transactions or attempted transactions; and

62. 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 35 and 38, paragraph 40(1)(a), section 47 and subsections 52(1) and (3))

63. Items 2 and 3 of Part B of Schedule 1 to the Regulations is replaced by the following:

64. The section references after the heading "SCHEDULE 2" in Schedule 2 to the Regulations are replaced by the following:

65. The section references after the heading "SCHEDULE 3" in Schedule 3 to the Regulations are replaced by the following:

66. The section references after the heading "SCHEDULE 5" in Schedule 5 to the Regulations are replaced by the following:

67. The section references after the heading "SCHEDULE 6" in Schedule 6 to the Regulations are replaced by the following:

68. The Regulations are amended by adding, after Schedule 6, the Schedule 7 set out in the schedule to these Regulations.

69. The Regulations are amended by replacing the words "name and address" with the words "name, address and date of birth" wherever they occur in the following provisions:

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

1. This method of ascertaining a person's identity consists of referring to an independent and reliable identification product based on personal information in respect of the person and a Canadian credit history of the person of at least six month's duration.

2. This method of ascertaining a person's identity consists of confirming, after obtaining authorization from the person, their name, address and date of birth by referring to a credit file in respect of that person in Canada that has been in existence for at least six months.

3. (1) This method of ascertaining a person's identity consists of obtaining an attestation from a commissioner of oaths in Canada, or a guarantor in Canada, that they have seen one of the documents referred to in paragraph 64(1)(a) of these Regulations. The attestation must be produced on a legible photocopy of the document (if such use of the document is not prohibited by the applicable provincial law) and must include

(2) For the purpose of subsection (1), a guarantor is a person employed in one of the following professions in Canada:

(k) professional accountant (APA [Accredited Public Accountant], CA [Chartered Accountant], CGA [Certified General Accountant], CMA [Certified Management Accountant], PA [Public Accountant] or RPA [Registered Public Accountant]);

(l) professional engineer (P.Eng. [Professional Engineer, in a province other than Quebec] or Eng. [Engineer, in Quebec]); or

4. This method of ascertaining a person's identity consists of confirming that a cheque drawn by the person on a deposit account of a financial entity, other than an account referred to in section 62 of these Regulations, has been cleared.

5. This method of ascertaining a person's identity consists of confirming that the person has a deposit account with a financial entity, other than an account referred to in section 62 of these Regulations.

3. This method of ascertaining a person's identity consists of consulting a reputable and independent database that is compiled from a telecommunications company directory or voter's registry and that contains the names, addresses and telephone numbers of individuals in order to confirm the person's name, address and telephone number.

1. This method of ascertaining a person's identity consists of consulting a reputable and independent database that is compiled from a telecommunications company directory or voter's registry and that contains the names, addresses and telephone numbers of individuals in order to confirm the person's name, address and telephone number.

2. This method of ascertaining a person's identity consists of obtaining a utility service invoice that is issued by a Canadian utility provider in the name of the person and that includes their address.

3. This method of ascertaining a person's identity consists of obtaining a legible photocopy of a document referred to in paragraph 64(1)(a) of these Regulations in respect of the person.

4. This method of ascertaining a person's identity consists of obtaining a legible photocopy of a deposit account statement issued by a financial entity in the name of the person.