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Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations

Version of section 64 from 2006-03-22 to 2008-06-22:

  •  (1) The identity of a person shall be ascertained, at the time referred to in subsection (2) and in accordance with subsection (3),

    • (a) in the cases referred to in paragraphs 54(1)(a) to (c), 55(a), (d) and (e) and 60(a),

      • (i) by referring to the person’s birth certificate, driver’s licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or any similar record, or

      • (ii) where the person is not physically present when the account is opened or when the trust is established, by confirming that a cheque drawn by the person on an account of a financial entity has been cleared;

    • (b) in the cases referred to in subsection 56(1) and paragraph 61(a),

      • (i) by referring to the person’s birth certificate, driver’s licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or any similar record, or

      • (ii) where the person is not physically present when the client information record is created, by confirming that

        • (A) a cheque drawn by the person on an account of a financial entity has been cleared, or

        • (B) the person holds an account in the person’s name with a financial entity;

    • (c) in a case referred to in section 57,

      • (i) by referring to the person’s birth certificate, driver’s licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or any similar record, or

      • (ii) where the person is not physically present when the account is opened, by confirming that

        • (A) a cheque drawn by the person on an account of a financial entity has been cleared, or

        • (B) the person holds an account in the person’s name with a financial entity; and

    • (d) in the cases referred to in section 53, subsection 58(1) and paragraphs 59(a) and (b), 60(b) to (d) and 61(b), by referring to the person’s birth certificate, driver’s licence, provincial health insurance card (if such use of the card is not prohibited by the applicable provincial law), passport or any similar record.

  • (2) The identity shall be ascertained

    • (a) in the cases referred to in paragraphs 54(1)(a) and 60(a), before any transaction other than an initial deposit is carried out on an account;

    • (b) in the cases referred to in section 53, paragraphs 54(1)(b) and (c), subsection 58(1) and paragraphs 59(a) and (b), 60(b) to (d) and 61(b), at the time of the transaction;

    • (c) in the cases referred to in paragraphs 55(a), (d) and (e), within 15 days after the trust company becomes the trustee;

    • (d) in the cases referred to in subsection 56(1) and paragraph 61(a), within six months after the client information record is created; and

    • (e) in the case referred to in section 57, within six months after the account is opened.

  • (3) A person who ascertains the identity of a person by referring to a document pursuant to subsection (1) shall refer to the original document and not a copy of it.


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