Regulating funds company firms in Canada: The not so properly recognized dollars assistance organization routine

The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “PCMLTFA”) and its similar rules govern money service enterprises (“MSBs”) in Canada. MSBs are controlled by the Economical Transactions and Studies Assessment Centre (“FINTRAC”). FINTRAC defines an MSB as an organization that has a position of business in Canada and presents the pursuing products and services: international exchange working, remitting or transmitting cash, issuing or redeeming income orders, dealing in digital forex, and crowdfunding products and services.

Miller Thomson’s Structured Finance and Securitization attorneys have been routinely assisting a array of customers looking for guidance about the MSB polices. It appears to us that the regulation of MSBs in Canada is not particularly very well acknowledged, together with by lively enterprises who are possible coated by the demands of relevant federal legislation. If you operate a platform or service that supports or facilitates the remittance of cash or deals in currency (for example), our expertise indicates that you might be an MSB and caught by the requirements of the PCMLTFA. Our practical experience implies that MSBs consist of a range of companies that are not routinely participating counsel to acquire tips on the registration, record maintaining and reporting obligations of the federal law applicable to MSBs. This quick write-up highlights essential issues for MSBs.


If an business is deemed to be an MSB, it should be registered with FINTRAC in purchase to have on dollars products and services. The registration method permits Canadians to transfer income all around the world while stopping revenue laundering. The failure of an MSB to sign-up with FINTRAC is a violation of the PCMLTFA, which might final result in prison or administrative penalties, which includes fines of up to $2,000,000 and/or up to five many years imprisonment.


Those people ineligible to sign up an MSB involve persons convicted of selected offences and corporations, partnerships, or other sorts of entities with leaders or house owners that have or manage 20% or much more of its shares that have been convicted of sure offences (these as income laundering offences, drug offences, or fraud for case in point).

Ongoing responsibilities

Once registered, an business is needed to preserve the registration up to day. This consists of responding to requests or clarifying details when requested, renewing MSB registration just before it expires, and notifying FINTRAC if the corporation decides to discontinue supplying MSB products and services to Canadians. In addition, the PCMLTFA involves MSBs to create and maintain a in depth and efficient compliance software and set up applications and procedures for verification of the identification of clientele.

As of June 1, 2020, MSBs now consist of entities dealing in virtual currency (together with cryptocurrency). In addition to the implementation of anti-funds laundering compliance programs, MSBs are essential to physical exercise purchaser because of diligence, observe and report consumer identification information, and report the following transactions to FINTRAC:

  • A suspicious transaction report in respect of a fiscal transaction that happens or is attempted, and for which there are fair grounds to suspect that the transaction is similar to the fee or attempted commission of a money laundering or terrorist activity financing offence
  • A substantial hard cash transaction report when a reporting entity gets $10,000 or additional in hard cash in the system of a single transaction, or when it gets two or additional money amounts totaling $10,000
  • A big digital currency transaction report when a reporting entity receives virtual currency in an amount equivalent to $10,000 or a lot more in the training course of a solitary transaction and
  • An digital money transfer report upon a transmission of instructions for the transfer of $10,000 or much more out of, or into, Canada in a solitary transaction or in two or additional transactions totaling $10,000.

Failure to comply with these new provisions can entice penalties that range from $1,000 to $500,000.