Administrative Monetary Penalties

Bruce McMeekin Law

Having Trouble Deciding Whether There Are Reasonable Grounds to Suspect?

Well, you are in good company. So does the Supreme Court of Canada. The Court of Appeal for Ontario too. In Canada, entrapment is a full defence to a criminal…
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Is it Time to Rethink Suspicious Transaction Reporting?

With the amendment to ss.9(2) of the Suspicious Transaction Reporting (STR) Regulations coming into effect on June 1, it is appropriate to take a critical look at the scope and…
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Reporting Suspicious Transactions: “As Soon As Practicable”, Meaning What?

Included in the final amending regulations gazetted on July 10 amending the regulations made under the PC(ML)TFA is a significant change (effective June 1, 2020) as to when STRs must be…
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One Issue FINTRAC Doesn’t Include in its New Suspicious Transaction Reporting Guidance

Failing to file a Suspicious Transaction Report (“STR”) is as serious as it can get when it comes to violations, with penalties that can be assessed up to a maximum…
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AML Compliance: Some Perspective About Manulife

I have been reading with interest the press reports criticizing FINTRAC for its decision in 2016 to publish, anonymously, the $1.15 million in administrative penalties levied against a Canadian bank…
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FINTRAC RE-THINKS ITS AMP CALCULATION POLICIES

Following the findings of the Federal Court of Appeal in Canada v. Kabul Farms in May, FINTRAC is undertaking an internal review of its AMP calculation policies. Section 73.11 of the…
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What’s Next For Administrative Monetary Penalties (“AMPs”)?

In July 2015, the Supreme Court released its decision Guindon v. Canada finding that AMPs were not offences attracting the protections contained in s.11 of the Charter. As a result, entities…
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Advocate Daily: Report highlights FINTRAC’s reach into Canadians’ lives

The latest FINTRAC annual report gives a glimpse into the extensive reach of the Financial Transactions and Reports Analysis Centre of Canada and the significant penalties that businesses can face for…
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