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Version of document from 2008-06-23 to 2016-06-29:

Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations

SOR/2007-121

PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT

Registration 2007-06-07

Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations

P.C. 2007-918 2007-06-07

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 73(1)Footnote a of the Proceeds of Crime (Money Laundering) and Terrorist Financing ActFootnote b, hereby makes the annexed Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations.

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. (Loi)

money services business

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 purpose of subsection 54.1(3) of the Act, identifying information means the information set out in Part A and items 1 to 5 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 activity by a registered person or entity, if any.

  • SOR/2008-21, s. 20
  • SOR/2008-195, s. 7

Prescribed Entities Not Eligible for Registration

  • 3 (1) An entity that is a corporation is not eligible for registration with the Centre if the chief executive officer, the president or any director of that entity or any person or entity that owns or controls, directly or indirectly, 20 per cent or more of the shares of that entity is a person or entity referred to in any of paragraphs 11.11(1)(a) to (d) of the Act.

  • (2) An entity that is not a corporation is not eligible for registration with the Centre if the chief executive officer, the president or any director of that entity or any person or entity that owns or controls, directly or indirectly, 20 per cent or more of that entity is a person or entity referred to in any of paragraphs 11.11(1)(a) to (d) of the Act.

Applications, Notifications, Clarifications and Supplementary Information

4 The following information and documents must be submitted to the Centre by an applicant or a registered person or entity, as the case may be, in electronic form if they have the technical capability to do so and in paper form if they do not:

  • (a) an application for registration referred to in section 11.12 of the Act;

  • (b) a notification, for the purpose of section 11.13 of the Act, of a change to the information provided in an application referred to in paragraph (a) or (e);

  • (c) a notification, for the purpose of section 11.13 of the Act, of newly obtained information;

  • (d) a clarification requested by the Centre under section 11.14 or 11.17 of the Act;

  • (e) an application to renew registration for the purpose of section 11.19 of the Act; and

  • (f) a notification of the cessation of an activity for the purpose of section 11.2 of the Act.

5 An application referred to in paragraph 4(a) or (e), a notification referred to in paragraph 4(b) or (c) and a clarification referred to in paragraph 4(d) must contain the applicable information set out in Schedule 1.

6 A notification referred to in paragraph 4(f) must contain the applicable information set out in Schedule 2.

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.

  • SOR/2008-21, s. 21

Coming into Force

7 These Regulations come into force on June 23, 2008.

SCHEDULE 1(Sections 2 and 5)Information To Be Included in Application for Registration or Renewal of Registration, Notification of Changes to Information in Existing Application, Notification of Newly Obtained Information and Clarification of Information in Existing Application

PART AIdentifying Information on Person or Entity that Is the Applicant

  • 1 
    Trade names, operating names and legal names of applicant (if applicable)
  • 2 
    Status of applicant (whether sole proprietorship, partnership, corporation or other)
  • 3 
    For an applicant that is a corporation, the incorporation number, date of incorporation and jurisdiction of incorporation
  • 4 
    Business licence number and place of issue
  • 5 
    Address of place of business
  • 6 
    Telephone number
  • 7 
    Facsimile number (if applicable)
  • 8 
    Business website address (if applicable)
  • 9 
    Activity or activities referred to in paragraph 5(h) or (l) of the Act in respect of which the applicant is applying to be registered or to have their registration renewed
  • 10 
    Existing registration number issued to applicant by the Centre (in the case of an application for renewal of registration, a notification of a change to information in an existing application, a notification of newly obtained information or a clarification of information in an existing application)
  • 11 
    Date of existing registration (if applicable)

PART BBusiness Information on Person or Entity that Is the Applicant

  • 1 
    Type of submission (application for registration or renewal of registration, notification of a change to information in an existing application, notification of newly obtained information or clarification of information in an existing application)
  • 2 
    Date of submission of application, notification or clarification
  • 3 
    Effective date (in the case of a notification of a change to the information in an existing application)
  • 4 
    Mailing address of place of business (if different from address in item 5 of Part A)
  • 5 
    E-mail address (if applicable)
  • 6 
    For an applicant that is a person, their name and date of birth
  • 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
  • 10 
    Name and address of every Canadian money services business used by the applicant to conduct transactions and the registration number issued to that money services business by the Centre
  • 11 
    Name, address, telephone number and e-mail address of person, referred to in paragraph 71(1)(a) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, who is responsible for implementation of compliance program
  • 12 
    Language in which records of the applicant are kept
  • 13 
    Indication as to whether any activities of the applicant referred to in item 9 of Part A are carried out in a dwelling house
  • 14 
    Number of persons employed by the applicant for the purposes of the activities referred to in item 9 of Part A (at time of application for registration or renewal of registration, as applicable)
  • 15 
    Approximate annual value in Canadian dollars of all foreign exchange dealing and all other activities referred to in item 9 of Part A (at time of application for registration or renewal of registration, as applicable)
  • 16 
    Name, position, business address, business telephone number and business e-mail address of the person submitting the application on the applicant’s behalf
  • 17 
    Indication as to whether the applicant is a person or entity referred to in any of paragraphs 5(a) to (g) or (i) to (l) of the Act (if applicable)
  • 18 
    Indication as to whether the applicant has previously submitted an application for registration

PART CInformation to Be Provided by Applicant on Its Agents, Mandataries or Branches

  • 1 
    Trade names, operating names and legal names of every agent or mandatary
  • 2 
    Business address, business telephone number and, if applicable, business e-mail address and website of every agent, mandatary or branch
  • 3 
    Activity or activities referred to in item 9 of Part A that are carried out by agent, mandatary or branch
  • 4 
    Where agent or mandatary is not a person or entity to which Part 1 of the Act applies, address of all locations where the activity or activities referred to in item 9 of Part A are carried out
  • 5 
    Relationship to applicant (whether agent, mandatary, branch or other)

PART DStatement of Eligibility for Registration

  • 1 
    For an applicant that is a person, a statement that they are not a person who is not eligible for registration with the Centre under subsection 11.11(1) of the Act.
  • 2 
    For an applicant that is a corporation, a statement that the chief executive officer, the president and every director of the corporation, and every person or entity that owns or controls, directly or indirectly, 20 per cent or more of the shares of the corporation, is not a person or entity referred to in subsection 3(1) of these Regulations that is not eligible for registration.
  • 3 
    For an applicant that is an entity other than a corporation, a statement that the chief executive officer, the president and every director of the entity, and every person or entity that owns or controls, directly or indirectly, 20 per cent or more of that entity, is not a person or entity referred to in subsection 3(2) of these Regulations that is not eligible for registration.
  • SOR/2008-21, s. 22

SCHEDULE 2(Section 6)Cessation of Activity by Registered Person or Entity

  • 1 
    Trade names, operating names and legal names of registered person or entity
  • 2 
    Existing registration number of registered person or entity
  • 3 
    Date of submission of notification of cessation of activity
  • 4 
    Proposed effective date of cessation of activity
  • 5 
    Name, position, address, telephone number and e-mail address of individual submitting the notification of cessation of activity on behalf of registered person or entity
  • SOR/2008-21, s. 23

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