An Act to amend the Proceeds of Crime (Money Laundering) Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2001_12/FullText.html

An Act to amend the Proceeds of Crime (Money Laundering) Act

S.C. 2001, c. 12

Assented to 2001-06-14

An Act to amend the Proceeds of Crime (Money Laundering) Act

SUMMARY

This enactment amends the Proceeds of Crime (Money Laundering) Act in order to clarify the intent of certain provisions concerning the Financial Transactions and Reports Analysis Centre of Canada.

2000, c. 17Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 54 of the Proceeds of Crime (Money Laundering) Act is amended by striking out the word “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

(d) subject to section 6 of the Privacy Act, shall retain each report and all information for five years after the date the report is received or the information is received or collected or, where information is disclosed under subsection 55(3), (4) or (5), shall retain the information and any report containing it for eight years after that date; and

(e) notwithstanding the National Archives of Canada Act, shall destroy each report received and all information received or collected on the expiry of the applicable period referred to in paragraph (d).

2. Paragraph 55(7)(e) of the Act is replaced by the following:

(e) any other similar identifying information that may be prescribed.

3. Subsection 60(1) of the Act is replaced by the following:

Marginal note:Limitation on orders for disclosure of information

60. (1) Despite the provisions of any other Act, except sections 49 and 50 of the Access to Information Act and sections 48 and 49 of the Privacy Act, an order for disclosure of information may be issued in respect of the Centre only under subsection (4).

4. Section 64 of the Act is amended by adding the following after subsection (9):

Marginal note:Prohibition

(9.1) The authorized person shall not examine or make copies of a document in the possession of a person, not being a legal counsel, who contends that a claim of solicitor-client privilege may be made in respect of the document by a legal counsel, without giving that person a reasonable opportunity to contact that legal counsel to enable a claim of solicitor-client privilege to be made.
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