CAN GVT Updated AML Penalties Regs


On Oct. 11, CAN GVT published updated re AML/CFT penalties.


  • CAN GVT published Regulations amending proceeds of crime (money laundering) and terrorist financing regulations, and Administrative monetary penalties regulations.
  • Amendment Highlights
  • Added to the schedule of classification of violations as serious or minor violations.
  • Also defined mortgage administrator, mortgage broker, and mortgage lender.
  • Mortgage administrator means persons or financial entities engaged in the business of servicing mortgage agreements on real property or immovables on behalf of a lender.
  • Mortgage broker means authorized to act as intermediary between lender, borrower.
  • Specifically regarding loans secured by mortgages on real property or immovables.
  • Mortgage lender engaged in the business of providing loans secured by mortgages.
  • A financial entity that enters into a correspondent banking relationship must conduct periodically conduct ongoing monitoring of that correspondent banking relationship. Frequency must be appropriate to the level of risk, based on a risk assessment.
  • Must take into account the information collected re foreign financial institution.
  • Mortgage entities must report virtual currency transaction of $10,000 or more.
  • Effectiveness
  • Regulations come into force on first anniversary of the day published in gazette.

Regulators CAN GVT
Entity Types Bank; IB; MG Orig; Servicer
Reference OG Vol 157, No. 21, 10/11/2023; RF SOR/2023-194, 9/26/2023;
Functions AML; Anti-Bribery; Compliance; Financial; Legal; Reporting; Risk; Sanctions
Countries Canada
Category
State
Products Banking; Cryptocurrency; Loan; Mortgage
Regions Am
Rule Type Final
Rule Date 10/11/2023
Effective Date 10/11/2024
Rule Id 187731
Linked to N/A
Reg. Last Update 10/11/2023
Report Section AML & Enforcement

Last substantive update on 10/13/2023