Reviews and appeals

Explains the process to request a review of an administrative monetary penalty or of a decision made regarding the registration of a money services business.

Request a review

If you disagree with a decision made by FINTRAC, you may request a review of your file by the Director and Chief Executive Officer of FINTRAC.

You may request a review in the following situations:

you have received a notice of violation (penalty) from FINTRAC
you have received a notice of denial or revocation from FINTRAC concerning your money services business

Your request for review must be made within 30 days after the day on which you receive the notice of violation, denial or revocation.

Make representations about violations (a penalty)

Upon receiving a notice of violation, you have the right to make representations to the Director and Chief Executive Officer of FINTRAC in relation to the violation(s) and the proposed penalty.

Information to include to make representations

Your representations must be made in writing and sent by mail or by electronic means.

You may provide any information in support of your representations. Only violations for which you have presented written representations will be reviewed by the Director and Chief Executive Officer.

When you submit your representations:

Identify each of the violations you wish to dispute and provide the relevant facts and reasons for disputing each one
Include (if applicable) copies of any documents or materials in support of your representations and indicate which violation they relate to

Form to make representations

A Representations f orm is available to guide you in submitting written representations. The use of the Representations form is optional. You may submit representations in the written format of your choice.

Form to Make Representations to the Director and Chief Executive Officer (PDF, 728 kb)

Apply for a review of a denial or revocation of a money services business registration

You have the right to apply for a review concerning a decision made with respect to the registration of money services businesses.

The application for review must be made in writing and include an explanation, as well as any additional supporting information.

How to submit a request for review

You can submit your representations or your application for review in the following manner:

By mail
Review and Appeals Unit
Financial Transactions and Reports Analysis Centre of Canada
24th Floor, 234 Laurier Avenue West
Ottawa, ON K1P 1H7

Electronically

Send an email to rev-app@fintrac-canafe.gc.ca to initiate electronic submission.

You will be provided with a secure link and instructions to submit your representations or application for review.

Do not include representations or sensitive personal information when initiating the electronic submission by email. It is not a secure method to transmit information.

Authorize a lawyer or legal representative to act for you

You must submit a letter of authorization if you want a lawyer or legal representative to request a review on your behalf.

FINTRAC will process the request submitted by your lawyer or legal representative if you submit a letter of authorization confirming the authority to act on your behalf in the review process.

How a request for review is processed

FINTRAC's Review and Appeals Unit receives and processes representations and applications for review made to the Director and Chief Executive Officer.

Your request will first be reviewed to ensure that it has been filed within the prescribed 30 days. Then a review officer will be assigned to your case and an acknowledgement of receipt will be sent to you.

The review officer will:

review your case and written submissions, and any additional information you have provided
make a recommendation to the Director and Chief Executive Officer who will render a decision and issue a notice of decision

You will be advised in writing of the decision.

Decision on a notice of violation (penalty)

Regarding a notice of violation, the Director and Chief Executive Officer will decide, on a balance of probabilities, whether you committed the violation and may decide to impose, reduce or cancel the penalty proposed in the notice of violation.

Decision on a denial or revocation of a money services business registration

Regarding the revocation of the registration of a money services business, the Director and Chief Executive Officer may decide to confirm the decision or substitute her own decision.

Appeal to the Federal Court

If you have been notified of the decision by the Director and Chief Executive Officer 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 and Chief Executive Officer 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.

Exception for minor violations

If the decision by the Director and Chief Executive Officer 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.

For assistance

If you have questions about this process, please contact FINTRAC:

Mail:
Reviews and Appeals Unit
Financial Transactions and Reports Analysis Centre of Canada
24th Floor, 234 Laurier Avenue West
Ottawa, ON K1P 1H7

Email: rev-app@fintrac-canafe.gc.ca

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