TORONTO, Dec 16 (Reuters) - Canada proposed new measures
that will help its anti-money laundering regulator impose
stronger penalties for financial crimes after a big national
bank pleaded guilty in the United States for failures in its
compliance program.
In its fiscal update, known as the Fall Economic Statement,
released Monday evenings Canada proposed changes to the Proceeds
of Crime (Money Laundering) and Terrorist Financing Act that
include a 40-fold increase in penalties, criminal offence for
false or incomplete information by a reporting entity and
increase fines for all criminal offences by 10 times.
The proposal also gives the regulator, Financial
Transactions and Reports Analysis Centre of Canada (FINTRAC),
power to coordinate with other federal agencies with financial
sector responsibilities.
The changes come after Canada's No. 2 lender TD Bank in
October was ordered to pay over $3.09 billion in fines after
pleading guilty to violating a federal law aimed at preventing
money laundering.
"The reason for all of these is that Canada is going to be
evaluated by the Financial Action Task Force, in addition to
recent U.S. regulatory environment and the evolving risks of
financial crime," said Alana Scotchmer, a partner at Gowling
WLG.
The Financial Action Task Force (FATF), an intergovernmental
organization whose main objective is to tackle money laundering,
terrorist and proliferation financing, is scheduled to conduct
its assessment in 2025-2026.
During FATF's 2016 review, the team had said Canada requires
improvement in some areas including the lack of coverage in some
areas.
Among the country's big five banks, FINTRAC has fined TD
C$9.2 million, the largest it has ever issued, along with two
other penalties for CIBC and RBC for failure to
submit suspicious transaction reports.
The disparity in the penalties highlights FINTRAC's
approach, which is geared more towards encouraging compliance
over huge penalties and naming entities, experts said.
"It simply is a different setup ... That has the potential
to become problematic with business being so international,
particularly for businesses that have a global footprint,"
Scotchmer said.
The proposal also includes a penalty limit of C$4 million
for individuals and C$20 million for companies in a single
notice of violation.