Because It's The Law
It is the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) that requires financial institutions and real estate agents, among other professionals and services covered by the legislation, to obtain information about individuals and corporations who conduct financial transactions. These include depositing funds or buying and selling real estate. The Act also requires real estate agents to keep these identification records for five years.
Canada has had substantial anti-money laundering and terrorist financing legislation since 2001. Since then REALTORS® have had a legal responsibility in Canada’s efforts to combat money laundering and terrorist financing.
In addition to these original legal requirements, REALTORS® must document personal information,
including occupation, and proof of the identity of their client in each and every transaction. If the client is a corporation, REALTORS® must obtain official corporate documents, and the names of directors.
REALTORS® may also ask additional questions if they have dealt with the client before. If the buyer or seller is in another city, REALTORS® must use an agent or “mandatary” to identify the buyer or seller or use other non face-to-face methods to ID the client.
REALTORS® are required to report cash transactions of $10,000 or more to FINTRAC and complete a report of all funds they receive.
The compliance requirements affect even a buyer or seller not using the services of a licensed real
estate practitioner. If there is a real estate agent involved in the transaction, they are also required
by law to verify that private buyer or seller’s information as well.
REALTORS® must also complete a record for ALL funds they receive during the real estate transaction, not just those of $10,000 or more.