Financial Transactions and Reports Analysis Centre of Canada
http://www.fintrac-canafe.gc.ca
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Review and Appeals
Key Information:
If you are dissatisfied with a decision made by FINTRAC, you may request a review of your file by the Director of FINTRAC.
Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, you have the right to make representations to the Director concerning an administrative monetary penalty and you have the right to apply for a review concerning a decision made with respect to the registration of money services businesses.
FINTRAC’s Review and Appeals Unit receives and processes applications for reviews and representations made to the Director. The review process described below applies to both types of requests.
Seeking a Review
You may seek a review in the following situations:
- if you have received a notice of violation (penalty) from FINTRAC; or
- if you have received a notice of denial or revocation from FINTRAC concerning your money service business.
A request for review must be made within 30 days after the day on which the notice of a violation, denial or revocation is received.
The request must be made in writing and sent to the address at the bottom of this page. An explanation, and any additional supporting information, should accompany the written request. In your correspondence with FINTRAC, please quote your file number. If you are seeking a review in the case of an administrative monetary penalty, do not make the payment.
How a Request for Review Is Processed
Your request will first be reviewed to ensure that it has been filed within the prescribed 30 days. Once a request for review has been properly filed, a review and appeals officer will be assigned to your case and a receipt of acknowledgement will be sent to you.
The review and appeals officer will review your case and written submissions, and any additional information you have provided. Following the review of your file, the officer will make a recommendation to the Director who will render a decision and issue a notice of decision. The initial notice of violation (penalty) may be upheld, reduced or cancelled. The initial notice of denial or revocation of a money services business may be upheld repealed or the amount of the penalty reduced.
The Director of FINTRAC has 90 days to review a decision. You will be advised in writing of the results of the review. If FINTRAC does not conduct a review within 90 days, you have the right to appeal to the Federal Court (exception applies).
Appeals to the Federal Court
If you have been notified of the results of a review by FINTRAC but are not satisfied with the review decision, you can appeal to the Federal Court. You have to do so within 30 days after the day the review decision is issued to you, or within a longer period that the Court may allow.
You also have the right to appeal to the Federal Court when FINTRAC does not conduct the review in the 90 days following your request for review, In this particular case, you have to file your appeal within 30 days after the expiration of the 90-day period to review the decision.
Exception:
If the review decision by the Director concerns a penalty for a minor violation, the review decision is final and cannot be appealed to the Federal Court. However, a series of minor violations identified on a notice of violation is considered to be a serious violation when the total of the penalties is equal or greater than $10,000. In this case, a series of violations totaling $10,000 or more may be appealed to the Federal Court.
How to Contact FINTRAC
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Review and Appeals Unit
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| Telephone |
Toll-free: 1-866-346-8722 |
| Fax |
613-943-7931 |
