PROCEEDS OF CRIME
Possession of property obtained by certain offences
27. (1) No person shall possess any property or any proceeds of property knowing
that all or part of the property or proceeds was obtained or derived directly or indirectly
as a result of
(a) an act or omission in Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 4;
(b) an act or omission outside Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 6;
(c) the commission of an offence under any of sections 5, 7, 16 to 23 and 28, or an
offence in respect of an act or omission referred to in section 25 or 26;
(d) the commission of an offence in respect of an act or omission referred to in
subsection 7(3) of the Criminal Code against a judge or official of the International
Criminal Court, or against any property referred to in section 431 of that Act used
by that judge or official; or
(e) a conspiracy or an attempt to commit, being a party to, being an accessory
after the fact in relation to, or any counselling in relation to, an offence referred to
in any of paragraphs (a) to (d).
Punishment
(2) Every person who contravenes subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than 10 years; or
(b) is guilty of an offence punishable on summary conviction and liable to
imprisonment for a term of not more than two years.
Exception
(3) A peace officer or a person acting under the direction of a peace officer is not
guilty of an offence under this section by reason only that they possess property or the
proceeds of property mentioned in subsection (1) for the purpose of an investigation or
otherwise in the execution of the peace officer's duties.
Laundering proceeds of certain offences
28. (1) No person shall use, transfer the possession of, send or deliver to any
person or place, transport, transmit, alter, dispose of or otherwise deal with, in any
manner or by any means, any property or any proceeds of property with intent to
conceal or convert the property or proceeds and knowing or believing that all or part of
the property or proceeds was obtained or derived directly or indirectly as a result of
(a) an act or omission in Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 4;
(b) an act or omission outside Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 6;
(c) the commission of an offence under any of sections 5, 7, 16 to 23 and 27, or an
offence in respect of an act or omission referred to in section 25 or 26;
(d) the commission of an offence in respect of an act or omission referred to in
subsection 7(3) of the Criminal Code against a judge or official of the International
Criminal Court, or against any property referred to in section 431 of that Act used
by that judge or official; or
(e) a conspiracy or an attempt to commit, being a party to, being an accessory
after the fact in relation to, or any counselling in relation to, an offence referred to
in any of paragraphs (a) to (d).
Punishment
(2) Every person who contravenes subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than 10 years; or
(b) is guilty of an offence punishable on summary conviction and liable to
imprisonment for a term of not more than two years.
Exception
(3) A peace officer or a person acting under the direction of a peace officer is not
guilty of an offence under this section by reason only that they do any of the things
mentioned in subsection (1) for the purpose of an investigation or otherwise in the
execution of the peace officer's duties.
Part XII.2 of Criminal Code applicable
29. (1) The definitions "judge" and "proceeds of crime" in section 462.3 of the
Criminal Code, and sections 462.32 to 462.5 of that Act, apply with any modifications
that the circumstances require in respect of proceedings for an offence under this Act.
Enterprise crime offences
(2) For the purpose of subsection (1), the references in sections 462.32 to 462.47
of the Criminal Code to an enterprise crime offence are deemed to include references
to offences under this Act.
Unique provision - other crimes
EDIT.