6‑10 Individual cannot provide satisfact6‑10 Individual cannot provide satisfactory evidence regarding a matter

6‑10 Individual cannot provide satisfactory evidence regarding a matter

For the purposes of paragraph 28(6)(b) of the Act, a reporting entity is taken to have established on reasonable grounds a matter mentioned in subsection 28(2) of the Act that relates to establishing the identity of a person if: (a) the person is an individual; and (b) the person is unable to provide the information or evidence of identity necessary for the reporting entity to establish the matter because: (i) the person is unable to obtain the information or evidence; or (ii) the person is unable to access the information or evidence due to circumstances beyond the person’s control; and (c) the reporting entity has taken reasonable steps to establish that the person is who the person claims to be; and (d) if the person is the customer—the reporting entity has done all of the following: (i) identified the ML/TF risk of the customer, based on KYC information about the customer that is reasonably available to the reporting entity before commencing to provide the designated service; (ii) collected KYC information about the customer that is appropriate to the ML/TF risk of the customer; (iii) taken reasonable steps to verify, using data reasonably available to the reporting entity, such of the KYC information referred to in subparagraph (ii) as is appropriate to the ML/TF risk of the customer; and (e) the reporting entity has AML/CTF policies to mitigate and manage any additional ML/TF risk arising from the lack of the information or evidence.