Proceeds of Crime Disclosure Order
| This page was last substantively updated or reviewed January 2019. (Rev. # 95764) |
General Principles
462.48
[omitted (1)]
- Disclosure of income tax information
(1.1) The Attorney General may make an application in accordance with subsection (2) [disclosure of income tax information – procedure] for an order for disclosure of information under subsection (3) [disclosure of income tax information – order for disclosure of information], for the purposes of an investigation in relation to
- (a) a designated substance offence;
- (b) an offence against section 354 [possession of stolen property], 355.2 [trafficking in property obtained by crime], 355.4 [possession of property obtained by crime — trafficking] or 462.31 [money laundering] if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
- (i) the commission in Canada of a designated substance offence, or
- (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence;
- (c) an offence against section 467.11 [participation in activities of criminal organization], 467.111 [recruitment of members by a criminal organization], 467.12 [commission of offence for criminal organization] or 467.13 [instructing commission of offence for criminal organization], or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or
- (d) a terrorism offence.
- Application
(2) An application under subsection (1.1) [disclosure of income tax information] shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,
- (a) the offence or matter under investigation;
- (b) the person in relation to whom the information or documents referred to in paragraph (c) are required;
- (c) the type of information or book, record, writing, return or other document obtained by or on behalf of the Minister of National Revenue for the purposes of Part IX of the Excise Tax Act, the Income Tax Act, the Excise Act, 2001, the Underused Housing Tax Act or the Select Luxury Items Tax Act to which access is sought or that is proposed to be examined or communicated; and
- (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of any of the offences referred to in subsection (1.1) [disclosure of income tax information] and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.
- Order for disclosure of information
(3) Where the judge to whom an application under subsection (1.1) [disclosure of income tax information] is made is satisfied
- (a) of the matters referred to in paragraph (2)(d) [disclosure of income tax information – procedure – reasonable grounds], and
- (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents to which the application relates, having regard to the benefit likely to accrue to the investigation if the access is obtained,
the judge may, subject to any conditions that the judge considers advisable in the public interest, order the Commissioner of Revenue or any person specially designated in writing by the Commissioner for the purposes of this section
- (c) to allow a police officer named in the order access to all such information and documents and to examine them, or
- (d) where the judge considers it necessary in the circumstances, to produce all such information and documents to the police officer and allow the police officer to remove the information and documents,
within such period after the expiration of seven clear days following the service of the order pursuant to subsection (4) as the judge may specify.
- Service of order
(4) A copy of an order made by a judge under subsection (3) [disclosure of income tax information – order for disclosure of information] shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.
- Extension of period for compliance with order
(5) A judge who makes an order under subsection (3) [disclosure of income tax information – order for disclosure of information] may, on application of the Minister of National Revenue, extend the period within which the order is to be complied with.
- Objection to disclosure of information
(6) The Minister of National Revenue or any person specially designated in writing by that Minister for the purposes of this section may object to the disclosure of any information or document in respect of which an order under subsection (3) [disclosure of income tax information – order for disclosure of information] has been made by certifying orally or in writing that the information or document should not be disclosed on the ground that
- (a) the Minister of National Revenue is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement respecting taxation to which the Government of Canada is a signatory;
- (b) a privilege is attached by law to the information or document;
- (c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or
- (d) disclosure of the information or document would not, for any other reason, be in the public interest.
- Determination of objection
(7) Where an objection to the disclosure of information or a document is made under subsection (6) [objection to disclosure of information], the objection may be determined, on application, in accordance with subsection (8), by the Chief Justice of the Federal Court, or by such other judge of that Court as the Chief Justice may designate to hear such applications.
- Judge may examine information
(8) A judge who is to determine an objection pursuant to subsection (7) [disclosure of income tax information – determination of objection] may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made and shall grant the objection and order that disclosure of the information or document be refused where the judge is satisfied of any of the grounds mentioned in subsection (6) [objection to disclosure of information].
- Limitation period
(9) An application under subsection (7) [disclosure of income tax information – determination of objection] shall be made within ten days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or such other judge of that Court as the Chief Justice may designate to hear such applications, considers appropriate.
- Appeal to Federal Court of Appeal
(10) An appeal lies from a determination under subsection (7) [disclosure of income tax information – determination of objection] to the Federal Court of Appeal.
- Limitation period for appeal
(11) An appeal under subsection (10) [disclosure of income tax information – appeal to Fed Crt Appeal] shall be brought within ten days from the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.
- Special rules for hearings
(12) An application under subsection (7) [disclosure of income tax information – determination of objection] or an appeal brought in respect of that application shall
- (a) be heard in camera; and
- (b) on the request of the person objecting to the disclosure of information, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
- Ex parte representations
(13) During the hearing of an application under subsection (7) [disclosure of income tax information – determination of objection] or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.
- Copies
(14) When any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any officer of the Canada Revenue Agency may make, or cause to be made, one or more copies of it, and any copy purporting to be certified by the Minister of National Revenue or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.
- Further disclosure
(15) No person to whom information or documents have been disclosed or provided pursuant to this subsection or pursuant to an order made under subsection (3) shall further disclose the information or documents except for the purposes of the investigation in relation to which the order was made.
- Form
(16) An order made under subsection (3) [disclosure of income tax information – order for disclosure of information] may be in Form 47 [forms].
- Definition of police officer
(17) In this section, "police officer" means any officer, constable or other person employed for the preservation and maintenance of the public peace.
R.S., 1985, c. 42 (4th Supp.), s. 2; 1994, c. 13, s. 7; 1996, c. 19, s. 70; 1997, c. 23, s. 10; 1999, c. 17, s. 120; 2001, c. 32, s. 26, c. 41, ss. 15, 133; 2005, c. 38, ss. 138, 140; 2010, c. 14, s. 9; 2013, c. 9, s. 15; 2014, c. 17, s. 7; 2018, c. 16, s. 215, c. 27, s. 28. 2022, c. 5, s. 13; 2022, c. 10, s. 138; 2022, c. 10, s. 173.
[annotation(s) added]
Definition of "Designated Substance Offence"
- Definition of designated substance offence
462.48 (1) In this section, "designated substance offence" means
- (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act;
- (a.1) an offence under Division 1 of Part 1 of the Cannabis Act, except subsection 8(1) of that Act; or
- (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a) or (a.1).
[omitted (1.1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17)]
R.S., 1985, c. 42 (4th Supp.), s. 2; 1994, c. 13, s. 7; 1996, c. 19, s. 70; 1997, c. 23, s. 10; 1999, c. 17, s. 120; 2001, c. 32, s. 26, c. 41, ss. 15, 133; 2005, c. 38, ss. 138, 140; 2010, c. 14, s. 9; 2013, c. 9, s. 15; 2014, c. 17, s. 7; 2018, c. 16, s. 215, c. 27, s. 28; 2022, c. 5, s. 13; 2022, c. 10, s. 138; 2022, c. 10, s. 173.
Informer Protections for Proceeds of Crime
A person who informs the police about their reasonable suspicions about the existence of proceeds of crime or the commission of a proceeds of crime offence is protected from civil liability:
- No civil or criminal liability incurred by informants
462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.
R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 2001, c. 32, ss. 25, 82; 2002, c. 13, s. 16(F); 2004, c. 12, s. 8(F).