If you do not agree 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 representations and applications for review made to the Director.
Requesting a Review
You may request 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 services business.
In both situations, your request for review must be made within 30 days after the day on which you receive the notice of violation, denial or revocation.
Representations to the Director in the case of a Notice of Violation (penalty)
If you are making representations to the Director, do not make a payment. Representations must be made in writing and sent to the address below. Clearly identify each of the violations you wish to dispute and provide the relevant facts and reasons for each one. In addition, please include copies of documents in support of your representations and indicate to which violation they relate. Also quote the file number from the notice of violation.
Application for Review in the case of a Notice of Denial or RevocationThe 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 request.
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 it is determined that a request for review has been filed within 30 days, a review and appeals officer will be assigned to your case and an acknowledgement of receipt 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 Director may decide to impose, reduce or cancel the penalty proposed in the Notice of Violation. As for the denial or the revocation of the registration of a money services business, the Director may decide to confirm the decision or substitute her own decision.
You will be advised in writing of the decision.
Appeal to the Federal Court
If you have been notified of the decision by FINTRAC but do not agree, you can appeal to the Federal Court. You have to do so within 30 days after the day the decision is served to you, or within a longer period that the Court may allow.
You also have the right to appeal to the Federal Court if the Director does not issue a decision in the 90 days following your request to review. In this particular case, you have to file your appeal within 30 days after the expiration of the 90-day period.
If the decision by the Director concerns a penalty for a minor violation, the 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
Review and Appeals Unit
Financial Transactions and Reports Analysis Centre of Canada
Canada K1P 1H7