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New federal rules force realtors to seek IDs
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CTV.ca News Staff
Date: Mon. Jun. 23 2008 5:45 PM ET
New laws that kick in today will trigger major changes to real-estate transactions, as part of federal efforts to battle money laundering.
Under the new regulations, realtors will have to collect personal information from property sellers and buyers, such as their name, address, date of birth and occupation, backed up by identification such as a driver's licence or passport.
When dealing with foreign buyers, agents in Canada will now have to hire local agents who can vouch for the identity of the buyer.
The agents will be required to hang onto that information for five years and have it available for the Financial Transaction and Reports Analysis Centre of Canada (FINTRAC), if needed. Otherwise, the information will remain confidential.
The centre was established by the federal government in an effort to track suspicious property deals and prevent shady buyers from dumping large amounts of cash into property purchases.
Bill C-25, which was passed in 2007, demands several industries do their part to help put a stop to terrorist financing and money laundering.
It is estimated that nearly 63 per cent of money laundering is done through real estate.
ReMax reported having $2.6 billion in sales in 2007 in 67,000 transactions.
"Real estate agents have had legal obligations under the federal government's push to prevent criminal activity and terrorism since 2001," says Calvin Lindberg, president of The Canadian Real Estate Association. "In the first phase of compliance, real estate agents were required to report only suspicious transactions, or transactions involving more than $10,000 in cash," he said in a news release issued Monday.
Now, real estate agents have to complete a report on the receipts of all funds received during the transaction, not just for $10,000 or more.
If an agent is dealing with the corporation, they must collect corporate documentation and the names of the corporation's directors.
In cases where only one of the parties involved in the transaction is represented by the agent, identification must still be collected.
"Those buying or selling privately will be asked by the agent representing the other party involved in the transaction to provide proof of identity as well, and that record must be kept by the real estate agent involved in the transaction," the news release said.
Bob Linney, CREA spokesperson, said there are also ways to keep track of buyers and sellers who choose to complete the transaction without the help of an agent.
"Sales involving private sellers only are not covered by the real estate regulations," he told CTV.ca. "FINTRAC assumes they will be captured by regulations governing the banking industry now, and in addition by the legal profession when their compliance requirements kick in later."
The new regulations will be non-negotiable and buyers who are unable or unwilling to provide the required information will not be able to complete property purchases. Additionally, the agent would be required to walk away from the deal or report the buyer to FINTRAC.
In Ontario alone, 47,000 realtors will be subject to the new rules.
Over the next six months, the government will perform random spot checks on real estate transactions. But once that window closes, agents will face fines, or even jail time, if they fail to comply with the regulations.
The new requirements for realtors are part of regulatory changes that Finance Minister Jim Flaherty announced in December of last year to strengthen Canada's anti-money laundering and anti-terrorist financing regulations.
"The new regulations bring Canada's anti-money laundering and anti-terrorist financing regime in line with the international standards set by the Financial Action Task Force, a G8 created body," states a news release from FINTRAC.
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Roger T
said
Barb
said
Are private citizens expected to collect information and keep records for 7 years?
And isn't this a method by which to get around these regulations for those money launderers they are trying to catch?
Realtor in Hamilton
said
LLOYD
said
Nancy
said
James
said
EG
said
One extra minute to write down the info is not a big deal. It probably won't help with fraud but it's worth a shot.
peggy
said
Nick T
said
It clearly states that the purchase would not be completed. I doubt anything can be done about that. I'm sure that FINTRAC also has the ability to block it/step in otherwise...
To: Barb
Everything still has to be registered through lawyers and the Registrar, etc.... I'm someone in there is responsible for collecting and keeping that information....
Inversity
said
If a client refuses to fill out the complicated forms, there will be no real estate deal...or the agent could be charged.
That's the way it's been, as far as enforcement, with the complicated income tax forms, and anyone who refuses to fill out the complicated forms (or have someone else fill them out, with all the details) and sign the papers, is subject to the penalties in the laws.
Anytime a new law is introduced, it is treated with suspicion, but after many years, the population (except for a few) get used to the law and abide by it--even if they still detest it.
Of course, there will always be those who search (and often find) loopholes in any law, and use it to their own advantage, no matter how rigorously the law is enforced...
Richard
said
Dan
said
wendy
said
What happens to our info should an office get broken into. I'm sure more will be broken into now that criminals know our info is there. This is the most ridiculous thing I've ever heard of!
David
said
People who oppose this law either don't understand the intent of it, or are profitting from the loopholes.
Alberta Resident
said
There is significant evidence that money is being laundered in the Alberta Real Estate Market. You can also see signs all over the place that say "Will pay Cash for Houses". I personally brought some of this up with FINTRAC over a year ago, when there was announcement that the criminals were laundering money buying and selling used vehicles using simmilar signs. The housing market is hyper-inflated in Alberta already, we don't need more "speculators" buying houses. I have found that some landlords are requesting rent and utilities are to be paid only in cash, but FINTRAC was not interested in looking into that 6 months ago.
LB
said
ARJAY
said
One another note, why is it that conservative people object to government inferference when it comes to the gun registry and their most valuable asset, their homes, but are quite happy to have Big Brother snoop into whether or not people can smoke marijuana in their own homes, or whether gay people can be married?
Conservatives seem to worry more about their property and guns than about people's civil liberties. Anyone else find that curious?
Joey - honest & hard-working
said
I know of people who own 3 or more "homes", only one of which acts as "housing" at any given time. What about the effect that has on the market? So many homes sit empty while HONEST, HARD-WORKING people can barely afford ONE home.
Sometimes "the market" causes problems that negatively affect 85% of us, including children. (I expect a VERY sharp reaction from the very FEW who profit -- squeaky wheel gets the grease?) Homelessness & property crime are out of control and there is a leadership vacuum -- only OVER-SIMPLIFIED (& mostly empty) rhetoric is offered in response to VERY COMPLEX socioeconomic problems.
There would be VERY strong & broad support for some well-thought-out changes to our current system. (We'll have to tolerate the verbal ABUSE from self-interested PROFITEERS whose party we're going to crash for the betterment of our society, including our children.) This could be a very strong component in an election platform for the sharpest political party. Tax more the things we want less of ...
I want to invest in -OUR SOCIETY-, -not- the lifestyles of:
1) corporate executives in industries that are earning RECORD PROFITS.
2) SPECULATORS.
Some CHOICE would be nice!
(Tax less the things we want more of ...)
JP
said
mike armstrong
said
Mark M
said
"That's the way it's been, as far as enforcement, with the complicated income tax forms, and anyone who refuses to fill out the complicated forms (or have someone else fill them out, with all the details) and sign the papers, is subject to the penalties in the laws."
Your misinformed. All you have to do is FILE the signed tax form. You don't have to complete it. If it's sent in blank Revenue Canada will fill it in. Most people don't know that, but I would never trust RC to do my taxes anyways.
Anyhoo. This does not sound to bad. Real estate fraud has been going through the roof. All it will do is create a list of legit buyers. If a legit person is buying 100 properties a year, RC wants to know why!!!
Pam
said
Civil liberties for one person may be the complete opposite for another. Take the middle road. Let the government put some road blocks up. There will be people on both sides that will complain but in the end all will survive. It isn't as if we are buying a different house to live in each week. Possible once a year for some unless they are flipping them. Canada needs to be keeping up with the rest of G8.
c campkin
said
Victor
said
1. Buy in corporation and sell the shares.
2. sell private.
3. buy private.
Richard in Pickering
said
Mr Real Estate
said
Too much information !!!!
said
No government anywhere can be trusted with personal information. Unfortunately the sheep who have been so well programed to just swallow all these new technologies will lap this up as a good measure.
Me thinks not.
Michael
said
Realtors are NOT police officers! If Govt suspects a fraud they should prosecute sellers and buyers, not realtors. We make our money very hard, and this stupid law will make it even harder. Why don't an RCMP officer is assigned to an each RE office ?
david
said
I don't like a stranger looking into or keeping my personal records and I don't like government monitoring my personal life, bank transactions.
Go get the money laundery criminals, pass law to restrict foreign buyers or ask them to show IDs.
Don't change our life or ask us pay the price.
Alberta Resident
said
mike armstrong - do you mean like the gun registry, or a marriage certificate. You should grow up and open your eyes. Real Estate is fraught with fraud and schemers trying to maximize their profits at the public's and buyers expense.
Joey - I'm with you. Their should be heavy taxes on houses other than residences bought and sold for profit, or converted from rental properties. Taxes should also increase as a percentage rental rates increases. Rent rates have tripled in 10 years, and doubled in 5 years in Edmonton, mostly due the the Boardwalk Monopoly, but it is still far beyond inflation and the ability of many people to cope with.
Dave in Kelowna
said
DM
said
We pay our morgages for 30 years to pay for our house and then told that you can not sell it unless you give me your personal information.
JP-Just bought first home, looking to future.
said
Toronto Agent
said
Gary Findlay
said
Vince Jensen
said
Max
said
This federal legislation has to do with MONEY LAUNDERING and TERRORIST FINANCING. (Whether it will accomplish anything or not is truly a matter of debate.) Those of you posting communist rants about the cost of housing due (supposedly) to speculative investing need a few lessons not only about capitalism but how the stock and real estate markets work.
To ARJAY:
The "collapse" of the U.S. housing market had/has absolutely nothing to do with Republicans (or Democrats). It's not political, my friend. It's merely a perfect example of a market working freely. You had foolish people seeking foolish mortgage loans that were pooled and sold to foolish investors as high quality instruments. In a free, capitalist market, the foolish get punished. (With your endeared system, Socialism, the foolish get rewarded.)
PIPEDA Aware
said
They are also trying to get a handle on identity theft.
They can't have it both ways - either let us protect our privacy or not.
Trevor J
said
Unless, of course, the next step the government is going to take will be to make it illegal to sell your home privately. That would close the loophole.
jean nancy cindy lambert
said
MHR
said
However, this is good law and it doesn't make Harper Government look any good-er.
:-p
JC
said
All in the name of combatting "terrorist" and "money laundering" bogeymen.
I feel soooooooooo much safer already -- NOT.
In fact, we are all less safe now as government takes greater control of our economy and personal property and finances.
Money laundering is not a problem unless you a priori agree that the State owns all money, and are just letting you use it. Ditto private property transactions.
So while the State's snooping and micromanaging intervention into our lives proceeds and is here to stay, the "bad guys" will simply redouble their efforts by acquiring "legit" front persons, counterfiet IDs, and purchasing other classes of goods in order to move their financial resources around.
All we are left with is less financial freedom and privacy, smarter more sophisticated "criminals", less security and more bureaucrats.
Way to go, Harpo.
Don
said
Realtor in Hamilton
said
This particular article would be good to print out and show clients who need further explanation.
Lets give this a chance -- it'll be second nature before we know it.