Authorization

Pursuant to subsection 39(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , I hereby authorize an officer or a class of officers holding a position in the Canada Border Services Agency and listed in the attached Schedule, or an officer or a class of officers authorized to perform all of the duties of that position, to exercise the powers or perform the duties of the Minister under subsections 27(1), 27(2), and 27(3), section 28, subsection 29(1), subsection 38(1), and section 38.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Dated at Ottawa, Province of Ontario, this …… day of ………………, 2011.

 

Vic Toews
Minister
Public Safety and Emergency Preparedness

¹ S.C. 2000, c. 17.
² S.C. 2000, c. 17 as amended. by S.C. 2001, c.41, s. 48.

Schedule

1. Subsection 27(1) - Decision of the Minister

The Minister shall decide whether subsection 12(1) was contravened within 90 days of the expiry period under subsection 26(2).

CBSA National Headquarters:

• Director General, Recourse Directorate
• Director, Recourse Directorate
• Manager, Recourse Directorate
• Senior Program Advisor, Recourse Directorate

2. Subsection 27(2) - Deferral of decision

If charges are laid in respect of currency or monetary instruments seized in relation to a money laundering or terrorist financing activity the Minister may defer making a decision but shall make it in any case not later than 30 days after the conclusion of all court proceedings in respect of those charges.

CBSA National Headquarters:

• Director General, Recourse Directorate
• Director, Recourse Directorate
• Manager, Recourse Directorate
• Senior Program Advisor, Recourse Directorate

3.Subsection 27(3) - Notice of decision

The Minister shall, without delay after making a decision, serve on the person who requested it a written notice of the decision together with the reasons for it.

CBSA National Headquarters:

• Director General, Recourse Directorate
• Director, Recourse Directorate
• Manager, Recourse Directorate
• Senior Program Advisor, Recourse Directorate

4.Section 28 – If there is no contravention

The Minister shall decide whether subsection 12(1) was not contravened and any monies, penalties, monetary instruments or money equal to value at the time of seizure will be reimbursed.

CBSA National Headquarters:

• Director General, Recourse Directorate
• Director, Recourse Directorate
• Manager, Recourse Directorate
• Senior Program Advisor, Recourse Directorate

5.Subsection 29(1) - If there is a contravention

If the Minister decides that subsection 12(1) was contravened, the Minister may, subject to the terms and conditions that the Minister may determine;

1. return the currency or monetary instruments subject to subsection (2) on payment of a penalty or without penalty.
2. decide that any penalty or portion of any penalty that was paid under subsection 18(2) be remitted or
3. subject to any order made under section 33 or 34, confirm that the currency or monetary instruments are forfeited to Her Majesty in right of Canada

CBSA National Headquarters:

• Director General, Recourse Directorate
• Director, Recourse Directorate
• Manager, Recourse Directorate
• Senior Program Advisor, Recourse Directorate

6. Subsection 38(1) - Agreements with Foreign States

The Minister with the consent of the Minister designated for the purpose of Section 42 may enter into written agreements with a foreign state whereby information in respect of currency or monetary instruments imported into Canada or into a foreign state from Canada will be reported.

CBSA National Headquarters:

• President, Canada Border Services Agency

7. Section 38.1 – Agreements with Foreign States

The Minister, with the consent of the Minister designated for the purpose of section 42, may enter into an agreement or arrangement in writing with the government of a foreign state, or an institution or agency of that state, that has powers and duties similar to those of the Canada Border Services Agency, whereby the Canada Border Services Agency may, if it has reasonable grounds to suspect that the information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, provide information set out in a report made under section 20 to that government, institution or agency.

CBSA National Headquarters

• President, Canada Border Services Agency