Reviews and appeals

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 and Chief Executive Officer in the case of a notice of violation (penalty)

If you have received a notice of violation, you can make representations to the Director and Chief Executive Officer of FINTRAC in relation to the violation(s) and the proposed penalty. Your representations must be made in writing and sent by mail or by electronic means in the manner described below. 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.

A Representations Form is available to guide persons and entities in submitting written representations. The use of the Representations Form is optional. You may submit representations in the written format of your choice.

Application for review in the case of a notice of denial or revocation

The request must be made in writing and sent by mail or by electronic means in the manner described below. An explanation, and any additional supporting information, should accompany the request.

Lawyers and legal representatives

A lawyer or your legal representative may 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

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 appeal officer will be assigned to your case and an acknowledgement of receipt will be sent to you.

The review and appeal 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 and Chief Executive Officer who will render a decision and issue a notice of decision. The Director and Chief Executive Officer 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 and Chief Executive Officer 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 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:

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.

How to submit a request for review

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

How to contact FINTRAC