GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Customs Sufferance Warehouses Regulations — 3
3 (1) For the purposes of section 24 of the Act and subject to subsection (3), the Minister may issue a licence to any person who makes an application for a licence in accordance with subsection (2) and gives the security required under section 4. (2) An application for a licence must be submitted to the Minister in the prescribed form, together with a detailed plan of the proposed sufferance warehouse. (2.1) The plan referred to in subsection (2) must indicate (a) whether the place proposed to be operated as a sufferance warehouse exists or is to be constructed; (b) the type of construction of the place, whether or not it already exists; and (c) the area, within the place, that is to be used for the storage of goods. (3) The Minister shall not issue a licence to an applicant unless (a) the applicant is of good character; (b) [Repealed, SOR/95-177, s. 1] (c) the applicant has sufficient financial resources to enable him to provide the facilities, equipment, personnel and services required under sections 11 to 13 and to lease or purchase the proposed sufferance warehouse; (d) the volume and nature of business in the area in which the applicant proposes to operate a sufferance warehouse is such that a sufferance warehouse is needed to serve the importers in that area; (e) the site of the proposed sufferance warehouse is within a reasonable distance from major transportation routes and a customs office; (f) the proposed sufferance warehouse contains adequate space for the storage of imported goods; (g) the structure of the proposed sufferance warehouse will be suitable for the operation of a sufferance warehouse; and (h) the Agency is able to provide customs services with respect to the proposed sufferance warehouse. (4) [Repealed, SOR/95-177, s. 1] SOR/88-85, s. 1(F); SOR/95-177, s. 1; SOR/96-38, s. 1; SOR/2005-211, s. 6 SOR/2024-41, s. 37
Customs Sufferance Warehouses Regulations — 4
4 (1) An applicant must, before a licence is issued to the applicant, give security in accordance with the requirements of the Financial Security (Electronic Means) Regulations and in an amount determined by the Minister. (2) The Minister may at any time require a licensee to increase the amount of security given under subsection (1) to an amount sufficient to ensure the payment of any duties payable in respect of goods stored in the sufferance warehouse. (3) [Repealed, SOR/2024-41, s. 38] SOR/91-274, Part III; SOR/95-177, s. 2; SOR/96-38, s. 2; SOR/2001-197, s. 5 SOR/2024-41, s. 38
Customs Sufferance Warehouses Regulations — 6
6 (1) The Minister may amend a licence only for the following purposes: (a) subject to subsection (2), (i) to change a restriction specified in the licence regarding the classes of goods that may be received in the sufferance warehouse in respect of which the licence was issued, or to specify such a restriction, and (ii) to change the circumstances specified in the licence in which goods may be received in the sufferance warehouse, or to specify such circumstances; or (b) to change the name of the licensee, where the name of the licensee is changed. (2) The Minister may amend a licence for the purposes set out in subparagraph (1)(a)(i) or (ii) only where he gives to the licensee 90 days notice of the proposed amendment.
Customs Sufferance Warehouses Regulations — 7
7 The Minister may cancel a licence where the licensee (a) no longer owns or leases the place that is licensed as a sufferance warehouse; (b) requests the Minister in writing to cancel the licence; or (c) is bankrupt.
Customs Sufferance Warehouses Regulations — 8
8 (1) Subject to section 9, the Minister may suspend or cancel a licence where the licensee (a) is the subject of a receivership in respect of his debts; (b) fails to comply with any Act of Parliament, or any regulation made pursuant thereto, that prohibits, controls or regulates the importation or exportation of goods; (c) [Repealed, SOR/95-177, s. 4] (d) has, in the course of his operation of the sufferance warehouse, acted dishonestly in his business dealings with customs brokers, importers, carriers, Her Majesty or servants of Her Majesty; or (e) has been incompetent in the operation of the sufferance warehouse. (2) Subject to section 9, the Minister may cancel a licence where (a) the volume of goods being received in the sufferance warehouse is no longer sufficient to warrant the continued operation; (b) there is no longer a need for a sufferance warehouse in the area in which the sufferance warehouse is located; or (c) the Agency is no longer able to provide customs services with respect to the sufferance warehouse. SOR/95-177, s. 4; SOR/2005-211, s. 6
Customs Sufferance Warehouses Regulations — 9
9 (1) The Minister shall, immediately after suspending a licence, give to the licensee a notice confirming the suspension and providing all relevant information concerning the grounds on which the Minister has suspended the licence. (2) The licensee may, within 90 days after the day on which the licence is suspended, make representations to the Minister regarding why the licence should be reinstated. (3) The Minister shall, before cancelling a licence under section 8, give the licensee 90 days notice of the proposed cancellation and provide the licensee with all relevant information concerning the grounds on which the Minister proposes to cancel the licence. (4) The licensee may, within 90 days after the day on which the notice referred to in subsection (3) is given, make representations to the Minister regarding why the licence should not be cancelled. SOR/95-177, s. 5; SOR/96-152, s. 3
Customs Sufferance Warehouses Regulations — 10
10 The Minister may reinstate a suspended licence where the Minister is satisfied that the cause for the suspension no longer exists.
Customs Sufferance Warehouses Regulations — 11
11 (1) Every licensee shall provide, at the sufferance warehouse in respect of which his licence was issued (a) washroom facilities and offices for the use of officers, and the heat, light and cleaning services necessary for those facilities and offices, where so requested by the chief officer of customs; (b) adequate space for the examination of imported goods by officers; (c) the personnel and equipment necessary to ensure that the goods to be examined by an officer are made available to the officer for examination; (d) a detention compound or parking area for the storage of imported goods that are held in a conveyance, where so requested by the chief officer of customs; and (e) facilities, equipment and personnel sufficient to control access to the sufferance warehouse and provide secure storage of the goods stored in it, including (i) doors and other building components of sturdy construction, (ii) secure locks on doors and windows, (iii) signs that indicate the security requirements applicable to the premises, and (iv) where the sufferance warehouse will be used for the storage of designated goods, such additional facilities and equipment as may be required to ensure the secure storage of those goods. (2) Where a sufferance warehouse is restricted by the terms and conditions of its licence to the receipt of goods arriving by motor vehicles used for commercial purposes, the licensee may lease space to any carrier who has requested space for his exclusive use in the operation of a separate sufferance warehouse. SOR/95-177, s. 6; SOR/96-38, s. 4
Customs Sufferance Warehouses Regulations — 12
12 (1) Every licensee shall ensure that the goods received in the sufferance warehouse are stored safely and securely in the area designated for that purpose in the plan referred to in subsection 3(2). (2) No person, other than the licensee, an employee of the licensee or an employee of a carrier engaged in the delivery of goods to or the removal of goods from the sufferance warehouse, shall enter any place in it where goods are stored, without the written authorization or the attendance of an officer. (3) Every licensee shall have in place (a) procedures to maintain the security of, and restrict access to, the sufferance warehouse; and (b) procedures to ensure that personnel working in the sufferance warehouse are aware of and follow the procedures referred to in paragraph (a). SOR/96-38, s. 5; SOR/2005-211, s. 2(F)
Customs Sufferance Warehouses Regulations — 13
13 (1) Every licensee shall make a schedule of the charges payable for the services offered by the licensee and shall make the schedule available for examination by any person who requests to see it. (2) Any facilities, services, personnel and equipment provided by a licensee to an officer under any of paragraphs 11(1)(a) to (c) shall be provided free of charge. SOR/95-177, s. 7
Customs Sufferance Warehouses Regulations — 14
14 (1) Every licensee shall acknowledge the receipt of goods in the sufferance warehouse by electronic means. (2) However, if the goods were transported to Canada by or on behalf of a courier and will be released under subsection 32(4) of the Act before the accounting required under subsection 32(1) of the Act and the payment of duties, the licensee shall acknowledge the receipt of the goods in the sufferance warehouse by (a) endorsing the bill of lading, waybill or similar document presented by the carrier; (b) endorsing the customs document on which the goods were reported under the Reporting of Imported Goods Regulations ; or (c) issuing a transfer document to the carrier. (3) For the purposes of subsection (2), courier has the same meaning as in section 2 of the Persons Authorized to Account for Casual Goods Regulations . SOR/2015-90, s. 21
Customs Sufferance Warehouses Regulations — 14.1
14.1 A licensee may refuse goods that are brought to the sufferance warehouse for safe-keeping when the storage of the goods is requested by or on behalf of a person who has an unpaid account for storage fees at the sufferance warehouse. SOR/95-519, s. 4
Customs Sufferance Warehouses Regulations — 15
15 (1) Subject to subsections (2) to (4.1), if goods in a sufferance warehouse have not been removed from the sufferance warehouse within 40 days after the day on which the goods were reported under section 12 of the Act, the goods may, at the end of that limitation period, be deposited in a place of safe-keeping as provided for in subsection 37(1) of the Act. (2) Where perishable goods in a sufferance warehouse have not been removed therefrom within four days after the day on which they were reported under section 12 of the Act, the goods may be deposited in a place of safe-keeping as provided for in subsection 37(1) of the Act. (3) If goods in a sufferance warehouse are nuclear substances as defined in section 2 of the Nuclear Safety and Control Act or prescribed equipment as defined in section 1 of the General Nuclear Safety and Control Regulations and have not been removed from that warehouse within 14 days after the day on which the goods are reported under section 12 of the Act, the goods may be deposited in a place of safe-keeping as provided for in subsection 37(1) of the Act. (4) For the purposes of subsection 39.1(1) of the Act, firearms, prohibited ammunition, prohibited devices, prohibited or restricted weapons, tobacco products and vaping products are goods of a prescribed class that are forfeit if they are not removed from a sufferance warehouse within 14 days after the day on which they were reported under section 12 of the Act. (4.1) For the purposes of subsection 39.1(1) of the Act, spirits are goods of a prescribed class that are forfeit if they are not removed from a sufferance warehouse within 21 days after the day on which they were reported under section 12 of the Act. (5) Every licensee shall provide the Agency with a list of all goods not removed from the sufferance warehouse within the time limit prescribed in subsection (1), (2), (3), (4) or (4.1), as the case may be, on the first business day following the end of that period. SOR/95-519, s. 4; SOR/96-38, s. 6; SOR/96-152, s. 4; SOR/2005-211, ss. 4, 7(E) 2022, c. 10, s. 101 SOR/2024-41, s. 40
Customs Sufferance Warehouses Regulations — 17
17 Every licensee shall ensure that goods are manipulated, unpacked, packed, altered or combined with other goods while in a sufferance warehouse only for the purpose of (a) stamping the goods, if the goods consist of (i) imported raw leaf tobacco or imported tobacco products that are placed in the sufferance warehouse in accordance with section 39 of the Excise Act, 2001 , or (ii) imported vaping products that are placed in the sufferance warehouse in accordance with section 158.51 of the Excise Act, 2001 ; (b) marking the goods, if the goods consist of special containers of spirits or wine, imported by an excise warehouse licensee, that are placed in the sufferance warehouse in accordance with section 80 or 85 of the Excise Act, 2001 ; or (c) marking the goods, if the goods consist of goods in respect of which any regulations made under paragraph 19(1)(a) of the Customs Tariff apply. SOR/88-85; SOR/96-152, s. 5; SOR/98-53, s. 9; SOR/2002-131, s. 1; SOR/2005-211, s. 5 2022, c. 10, s. 102
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations
Whereas, pursuant to subsection 164(3) of the Customs Act * , a copy of proposed Regulations authorizing a designated officer or class of officers to exercise powers or perform duties of the Minister of National Revenue under the Customs Act , substantially in the form annexed hereto, was published in the Canada Gazette Part I on June 28, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of National Revenue with respect thereto;
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — *
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to paragraph 164(1)(a) of the Customs Act * , is pleased hereby to make the annexed Regulations authorizing a designated officer or class of officers to exercise powers or perform duties of the Minister of National Revenue under the Customs Act , effective on the day that paragraph 164(1)(a) of the Customs Act comes into force. * S.C. 1986, c. 1
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 1
1 These Regulations may be cited as the Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations .
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 2
2 In these Regulations, Act means the Customs Act ; ( Loi ) chief officer of customs , with respect to an area or place, means the manager of the customs office or customs offices that serve that area or place; ( agent en chef des douanes ) region means any of the following regions for which there is a regional office of the Department of National Revenue, namely, (a) Atlantic; (b) Quebec; (c) Northern Ontario; (d) Southern Ontario; (e) Prairie; and (f) Pacific. ( région ) regional collector means the manager of the customs offices within a region. ( receveur régional ) SOR/97-335, s. 1
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations
chief officer of customs , with respect to an area or place, means the manager of the customs office or customs offices that serve that area or place; ( agent en chef des douanes )
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — (a)
region means any of the following regions for which there is a regional office of the Department of National Revenue, namely, (a) Atlantic; (b) Quebec; (c) Northern Ontario; (d) Southern Ontario; (e) Prairie; and (f) Pacific. ( région )
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations
regional collector means the manager of the customs offices within a region. ( receveur régional )
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 3
3 An officer holding the position of Deputy Minister of National Revenue for Customs and Excise, or a person authorized to perform the duties of that position, may exercise all the powers and perform all the duties of the Minister under the Act, other than those powers and duties described in subsections 9(1) and (2), paragraphs 9(5)(h) and 24(1)(c), subsection 51(3), sections 59 and 105, subsections 106(3) and 109(1) and sections 134, 149 and 165 of the Act.
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 4
4 An officer holding a position of assistant deputy minister of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise all the powers and perform all the duties of the Minister under the Act, other than those powers and duties described in subsections 9(1) and (2), paragraphs 9(5)(h) and 24(1)(c), subsection 51(3), sections 59 and 105, subsections 106(3) and 109(1) and sections 134, 149 and 165 of the Act.
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 5
5 An officer holding the position of Director General, Commercial Operations Directorate, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, paragraph 9(5)(e), subsections 10(1), 12(6) and 22(2), paragraphs 24(1)(a) and (b), subsections 24(2), 32(2), 35.02(3), 37(2), 40(1) and (2) and 43(1), paragraphs 61(e), 63(1)(b) and 64(a) and (a.1), subsections 95(4), 97.2(1) and 99(4), paragraphs 142(1)(a) and (b), section 147 and subsection 166(2) of the Act. SOR/89-65, s. 1; SOR/93-558, s. 1
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 6
6 An officer holding the position of Director General, Travellers and Enforcement Directorate, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 5 and subsections 57(3) and 97.2(2) of the Act. SOR/89-65, s. 1; SOR/93-558, s. 13; SOR/97-335, s. 8
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 7
7 An officer holding the position of Director General, Tariff Programs Division, Customs Programs Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, subsections 35.02(3), 40(2), 42.3(4), 42.4(2), 43(1) and 57.2(3), paragraphs 60(1)(b), 61(e), 63(1)(b) and 64(a) and (a.1), subsections 74(1), 76(1) and 77(1) and (3), section 79, subsections 82(1) and (4), section 86, subsections 88(2), 97.2(1) and 99(4), section 147 and subsection 166(2) of the Act. SOR/89-65, s. 1; SOR/93-558, s. 2; SOR/97-335, ss. 7, 9
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 8
8 An officer holding the position of Director General, Assessment Programs Division, Customs Programs Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, subsections 40(2) and 43(1), paragraphs 60(1)(b), 61(e), 63(1)(b) and 64(a), subsections 77(3) and 97.2(2), section 120, subsections 124(3) and (4), section 147 and subsection 166(2) of the Act. SOR/89-65, s. 1; SOR/93-558, s. 14
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 10
10 An officer holding a position of regional collector, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 5, paragraphs 6(2)(a) and (b) and 24(1)(a) and (b), subsections 24(2), 37(1) and (2), 40(1) and (2), 43(1) and 97.2(1) and (2), paragraphs 142(1)(a) and (b), subsections 145(1) and 146(2) and section 147 of the Act. SOR/89-65, s. 2
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 11
11 An officer holding the position of Director, Entry, Postal and Appraisal Division, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, paragraph 9(5)(e), subsections 10(1), 12(6), 32(2), 37(2), 40(1), 95(4), 97.2(1) and 99(4), paragraphs 142(1)(a) and (b) and subsection 166(2) of the Act. SOR/89-65, s. 2
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 12
12 An officer holding the position of Director, Commercial Traffic Control Directorate, Customs Programs Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, subsections 12(6) and 22(2), paragraph 24(1)(a) and (b), subsections 24(2), 37(2) and 95(4), paragraphs 142(1)(a) and (b) and subsection 166(2) of the Act.
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 13
13 An officer holding the position of Director, Cargo and Release Division, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, subsection 37(2), paragraphs 63(1)(b) and 64(a), subsections 97.2(2) and 99(4), paragraphs 142(1)(a) and (b) and subsection 166(2) of the Act. SOR/89-65, s. 3
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 13.1
13.1 An officer holding the position of Director, Inspection and Control Division, Commercial Operations Directorate, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under subsection 35.02(3) and paragraphs 61(e), 63(1)(b) and 64(a.1) of the Act. SOR/93-558, s. 3
Officers Authorized to Exercise Powers or Perform Duties of the Minister of National Revenue Regulations — 14
14 An officer holding the position of Director, Travellers Division, Customs Operations Branch of the Department of National Revenue, Customs and Excise, or a person authorized to perform the duties of that position, may exercise the powers and perform the duties of the Minister under section 8, subsections 12(6), 37(2) and 57(3), paragraphs 63(1)(b) and 64(a), subsection 95(4) and paragraphs 142(1)(a) and (b) of the Act. SOR/89-65, s. 3; SOR/93-558, s. 13; SOR/97-335, s. 8