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Amending the Amendments! 2020 AML Changes for MSBs


Back on July 10, 2019, the highly anticipated final version of the amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its enacted regulations were published. However, on June 10, 2020, further amendments to those amended regulations were published in the Canada Gazette. To make reading these changes a little easier, we have created a redlined version of the regulations, with new content showing as tracked changes, which can be found here.

The purpose of this round of amendments is to better align measures with international standards and level the playing field across reporting entities by applying stronger customer due diligence requirements and beneficial ownership requirements to designated non-financial businesses and professions (DNFBPs). The amendments come into force on June 1, 2021.

We have summarized the changes that will have an impact on Money Services Businesses (MSB)s below.

Travel Rule

One of the most significant changes that will impact MSBs and Foreign Money Services Businesses (FMSB)s relates to a new requirement for records to be kept on all virtual currency transfers of CAD 1,000 or more.

The record must contain the following:

  1. include with the transfer, the name, address and, if any, the account number or other reference number of both the person or entity that requested the transfer and the beneficiary; and
  2. take reasonable measures to ensure that any transfer received includes the information referred to in paragraph (a) above.

Where the information required was not obtained, MSBs and FMSBs must have written risk-based policies and procedures for determining if the transaction should be suspended, rejected or if another follow-up measure should be taken.


In addition to the existing requirement for MSBs and FMSBs to take reasonable measures to determine whether a client from whom they receive an amount of CAD 100,000 or more is a Politically exposed person (PEP), the amendments will require MSBs and FMSBs to make a PEP determination when they establish a business relationship with a client.

A reminder that a business relationship is defined as:

If a person or entity does not have an account with you, a business relationship is formed once you have conducted two transactions or activities for which you have to:

  • verify the identity of the individual; or
  • confirm the existence of the entity.

MSBs and FMSBs will also periodically need to take reasonable measures to determine whether a person with whom they have a business relationship is a PEP. We will have to await guidance from FINTRAC on this, but our guess is the frequency for determination will align to the frequency for customer information and identification updates.

Given the definition of a business relationship, we do not expect this requirement to be overly burdensome. If you currently conduct list screening, PEP screening could easily be added to that process. You are also able to ask the customer directly, while presenting the definition of a PEP, and record their response.

If a positive determination is made, the following records must be kept:

  1. the office or position, and the organization or institution, in respect of which the person is determined to be a politically exposed foreign person, a politically exposed domestic person or a head of an international organization, or a family member of, or a person who is closely associated with, one of those persons;
  2. the date of the determination; and
  3. the source, if known, of the person’s wealth.

We’re Here To Help

If you would like assistance in updating your compliance program and processes, or have any questions related to the changes, please get in touch!

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