Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Marginal note:Politically exposed persons

• 9.3 (1) Every person or entity that is referred to in section 5 and that is prescribed shall determine, in the prescribed circumstances and in accordance with the regulations, whether it is dealing with

  • (a) a politically exposed foreign person, a prescribed family member of a politically exposed foreign person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed foreign person;

  • (b) a politically exposed domestic person, a prescribed family member of a politically exposed domestic person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed domestic person; or

  • (c) the head of an international organization, a prescribed family member of the head of an international organization, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with the head of an international organization.

• Marginal note:Measures — politically exposed foreign persons

  (2) If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall obtain the approval of senior management in the prescribed circumstances and take the prescribed measures.

• Marginal note:Measures — other persons

  (2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that the person poses a high risk of committing a money laundering offence or a terrorist activity financing offence, the person or entity shall obtain the approval of senior management in the prescribed circumstances and take the prescribed measures.

• Marginal note:Definitions

  (3) The following definitions apply in this section.

  head of an international organization

  head of an international organization means the head of an international organization that is established by the governments of states or the head of an institution of any such organization. (dirigeant d’une organisation internationale)

  politically exposed domestic person

  politically exposed domestic person means a person who, at a given time, holds — or has held within a prescribed period before that time — one of the offices or positions referred to in any of paragraphs (a) to (j) in or on behalf of the federal government or a provincial government or the office or position referred to in paragraph (k) in a municipal government:

  • (a) Governor General, lieutenant governor or head of government;

  • (b) member of the Senate or House of Commons or member of a legislature;

  • (c) deputy minister or equivalent rank;

  • (d) ambassador, or attaché or counsellor of an ambassador;

  • (e) military officer with a rank of general or above;

  • (f) president of a corporation that is wholly owned directly by Her Majesty in right of Canada or a province;

  • (g) head of a government agency;

  • (h) judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada;

  • (i) leader or president of a political party represented in a legislature;

  • (j) holder of any prescribed office or position; or

  • (k) mayor. (national politiquement vulnérable)

  politically exposed foreign person

  politically exposed foreign person means a person who holds or has held one of the following offices or positions in or on behalf of a foreign state:

  • (a) head of state or head of government;

  • (b) member of the executive council of government or member of a legislature;

  • (c) deputy minister or equivalent rank;

  • (d) ambassador, or attaché or counsellor of an ambassador;

  • (e) military officer with a rank of general or above;

  • (f) president of a state-owned company or a state-owned bank;

  • (g) head of a government agency;

  • (h) judge of a supreme court, constitutional court or other court of last resort;

  • (i) leader or president of a political party represented in a legislature; or

  • (j) holder of any prescribed office or position. (étranger politiquement vulnérable)