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FINTRAC Compliance
(Anti-Money Laundering Law)

COMPLIANCE SERVICES (FINTRAC)

Our firm assists real estate agencies (and other reporting entities) with all matters related to FINTRAC compliance.

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Compliance with the obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Money Laundering Act) and its regulations is often an ongoing source of concern for most businesses subject to it. Failure to comply subjects them to administrative and criminal penalties from the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), the regulatory authority in this matter.

DUBÉ LATREILLE is able to make your job easier with a range of services designed to help you achieve and maintain the compliance objectives set out in the law.

Our service offer includes the development (and review) of FINTRAC compliance programs, annual or ad hoc training recognized by the OACIQ and legal columns in the form of newsletters. Depending on your needs and priorities, we can help your organization and brokers adopt best practices to minimize your risks associated with non-compliance.

In addition, we can assist you in challenging FINTRAC's administrative decisions at any stage of the challenge process, from administrative review to filing an appeal to the Federal Court.

Our compliance services we offer include:

1) Development of a FINTRAC Compliance Program:

After identifying the main characteristics of your agency, we prepare a Compliance Program that includes internal regulations, tools and reference documents for the use of your compliance officer and brokers. During this process, we meet with your agency director and/or your FINTRAC compliance officer to review the AML/ATF processes of your agency and to conduct an overall risk assessment. Once these steps have been completed, we will be able to present you with a complete program, compliant and adapted to the realities of your agency.

2) FINTRAC Compliance Program Review:

Every 2 years, your agency is required to review your compliance program to update it. One of the goals of this approach is to ensure that your agency takes into account any changes that may occur both within your agency and in FINTRAC's legislation, case law or regulatory requirements. More generally, this mandatory process allows you bring up to speed your practices so that they meet the requirements of the law in anticipation of the audit that FINTRAC inspectors will eventually conduct within your organization.

3) FINTRAC Annual Training:

Since memory fades over time, it is wise to ensure that the members of your organization remain mobilized to respond effectively to the compliance issues they face in the performance of their duties. To help them remain alert and vigilant about their obligations and responsibilities, and also to develop a corporate culture that is sensitive to AML/ATF issues, training is an invaluable investment. In addition, it is an integral part of the continuing education program that you must have in place by law.

This is why DUBÉ LATREILLE offers training courses (from about 60 to 90 minutes, virtual or face-to-face) that review the main aspects of the Money Laundering Law, recall good practices, and present recent or general interest examples or developments pertaining to FINTRAC. These training courses, recognized by the OACIQ, generate Continuing Education Units (UFCs) and can take different forms, depending on your needs and priorities.

4) FINTRAC Newsletter:        

In order to keep your brokers informed of FINTRAC compliance news and any other related topics, DUBÉ LATREILLE publishes a newsletter every quarter to promote best practices within your organization and help your brokers prevent risks inherent to their profession. This publication is a welcome addition to the continuing education program that you must implement under the law which considerably facilitates the work of your compliance officer.

5) Other legal services:

Our firm can intervene when your agency is the subject of an unfavorable decision by FINTRAC. If the situation warrants it, we can intervene to request a review or to file an appeal in the Federal Court.

DUBÉ LATREILLE assists real estate agencies and other entities subject to FINTRAC requirements by offering personalized services in the development and revision of compliance programs, and by providing OACIQ-certified training.

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