Canada

TECHNICAL COMPLIANCE ANNEX
provided to the assessors. The OSFI Act does not require that the Superintendent enter into a MOU
with a foreign counterpart in order to be able to cooperate.
Criterion 40.4— FINTRAC provides feedback upon requests to its foreign counterparts on the use
and usefulness of the information obtained (PCMLTFA, ss.56.2 and 65.1(3)). Canadian authorities
indicated that FINTRAC generally provides feedback to its foreign counterparts on the usefulness of
the information obtained within five to seven days. There is no restriction on OSFI’s ability to
provide feedback. There is no general impediments, which prevents Canada’s LEAs from providing
feedback regarding assistance received.
Criterion 40.5— Competent authorities do not prohibit or place unreasonable or unduly restrictive
conditions on information exchange or assistance on any of the four grounds listed in this criterion.
Criterion 40.6— Competent authorities have controls and safeguards to ensure that information
exchanged is used for the intended purpose for, and by the authorities, for whom the information
was provided. 163
Criterion 40.7— Competent authorities are required to maintain appropriate confidentiality for any
request for cooperation and the information exchanged, consistent with data protection obligations
Criterion 40.8— FINTRAC as an FIU, may conduct inquiries on behalf of foreign counterparts, by
accessing its databases (all report types, federal and provincial databases maintained for purposes
related to law enforcement information or national security, and publicly available information),
under PCMLTFA, s.56.1(2.1). FINTRAC as a supervisory authority can conduct inquiries on behalf of
foreign counterparts with which it has an MOU under PCMLTFA, ss.65.1(1)(a) and 65.1(2), but only
two MOUs have been signed so far. The RCMP can use a number of criminal intelligence and police
databases to conduct inquiries on behalf of foreign counterparts, under sharing protocols that aim at
protecting the right to privacy of the individuals mentioned in the databases.
Technical compliance Annex
Exchange of Information Between FIUs
Criterion 40.9— FINTRAC exchanges information with foreign FIUs in accordance with the Egmont
Group principles or under the terms of the relevant MOU, regardless of the type of its counterpart
FIU. The legal basis for providing cooperation is in PCMLTFA, s.56(1), which stipulates that the
Centre exchanges information if it has reasonable grounds to suspect that the information would be
relevant to investigating or prosecuting a ML or TF offense, or an offense that is “substantially similar
to either offense.”
Criterion 40.10— FINTRAC provides feedback on the usefulness of information obtained, when
feedback is specifically requested by foreign FIUs (PCMLTFA, s.56), and whenever possible as well as
on the outcome of the analysis conducted, based on the information provided.
163 Privacy Act—FINTRAC as a FIU: PCMLTFA, para 56 (3) and MOUs template; FINTRAC as a supervisory
authority: PCMLTFA, s.65.1 (1) (b) and MOUs template; RCMP: Operational manual on information sharing;
OSFI: OSFI Act, s.22.
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