On June 6, 2016, Cornwall Newswatch reported that on May
21, 2016 the Canada Border Services Agency ("CBSA")
seized $USD 129,000 at the Cornwall border crossing. The money had
not been reported by two travelers and was seized under the
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
(the Proceeds of Crime Act"). Two travelers were referred to
secondary inspection for a review of their travel documents. During
a secondary inspection, the CBSA officers found a grocery bag with
13 shrink-wrapped bags filled with U.S. cash.
This is the second significant seizure of currency at Cornwall
in 2 months. According to Seaway News, in On March 31, 2016, the
Cornwall Regional Task Force seized $USD 200,000 from a person
trying to cross the St. Lawrence River is a vessel. The Cornwall
Regional Task Force is a joint forces partnership that includes the
Royal Canadian Mounted Police, Ontario Provincial Police, Canada
Border Services Agency, and the Ontario Ministry of Finance.
Pursuant to subsection 18(1) of the Proceeds of Crime Act, if an
officer believes on reasonable grounds that subsection 12(1) of the
Proceeds of Crime Act has been contravened, the officer may seize
as forfeit the currency or monetary instruments. Subsection 12(1)
of the Proceeds of Crime Act requires that every person or entity
referred to in subsection (3) report to an officer the importation
or exportation of currency or monetary instruments of a value equal
to or greater than $CDN 10,000.
There are many cases relating to seized money under section 18
of the Proceeds of Crime Act. Most of the cases support the
CBSA's seizure of currency where it cannot be adequately
demonstrated that the currency or monetary instruments come from
legitimate sources (e.g., a bank account that has money from
legitimate sources, such as salary). As a general rule, the CBSA
presumes that money that had not been properly reported is from
illegitimate sources. During the interview, a traveler can provide
evidence that the currency or monetary instruments comes from a
The traveler also is entitled to appeal the seizure and bring
forward new evidence that the currency or monetary instruments is
from legitimate sources. Where many travelers go wrong, however, is
that they expect the CBSA officer or Recourse Directorate to merely
take their words as evidence. Well, the CBSA and the Recourse
Directorate need a good trail of evidence that the currency is from
a legitimate source. The CBSA and the Recourse Directorate are not
particularly helpful in providing advice on what evidence will
satisfy them because they do not wish for evidence to manufactured.
Good evidence (such as bank statements and pay stubs) would
There are cases where an individual indicates they received the
currency from another individual (such as a parent, relative or
friend). In these cases, it is necessary to show that the other
individual has legitimate sources for that currency.
It is important to note that it is legal to import currency over
$CDN 10,000 into Canada and to export currency over $CDN 10,000
outside Canada. However, the traveler must report the import/export
in the correct manner. For example, at the time of am importation,
the traveler must complete the E311 Declaration Card and check the
box "Yes" next to the question "currency and/or
monetary instruments totaling CAN$10,000 or more" or inform
the primary CBSA officer at the border crossing.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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