GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Customs Act — C-52.6 8.1
Electronic administration and enforcement 8.1 (1) This Act may be administered and enforced using electronic means. Any person on whom powers, duties or functions are conferred under this Act may exercise any of those powers or perform any of those duties or functions using the electronic means made available or specified by the Minister. Authorization (2) Any person who has been authorized to exercise any power or perform any duty or function conferred on a person referred to in subsection (1) under this Act may do so using the electronic means that are made available or specified by the Minister. 1997, c. 36, s. 148; 2001, c. 25, s. 8 2022, c. 10, s. 304
Customs Act — C-52.6 8.2
Provision of information 8.2 For the purposes of sections 8.3 to 8.6 , providing information includes providing a signature and serving, filing or otherwise providing a record or document. 2022, c. 10, s. 304
Customs Act — C-52.6 8.3
Conditions for electronic version 8.3 A requirement under this Act to provide information or security — in any form or manner or by any means — is satisfied by providing the electronic version of the information or security if (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister, if any; and (b) any prescribed requirements with respect to electronic communications or electronic means have been met. 2022, c. 10, s. 304
Customs Act — C-52.6 8.4
Deemed timing of receipt 8.4 Any information or security provided by electronic means, including an electronic system, in accordance with section 8.1 or 8.3 , is deemed to be received (a) if the regulations provide for a day, on that day; (b) if the regulations provide for a day and time, on that day and at that time; or (c) if the regulations do not provide for a day or a day and a time, on the day and at the time that the information or security is sent. 2022, c. 10, s. 304
Customs Act — C-52.6 8.5
For greater certainty 8.5 For greater certainty, by virtue of section 12 of the Customs Tariff , sections 8.1 to 8.4 apply, with any modifications that the circumstances require, to the administration and enforcement of that Act and regulations made under it. 2022, c. 10, s. 304
Customs Act — C-52.6 8.6
Regulations 8.6 (1) The Governor in Council may, on the recommendation of the Minister, make regulations in respect of electronic communications and electronic means, including electronic systems, or any other technology to be used in the administration or enforcement of this Act or the Customs Tariff , including regulations respecting (a) the provision of information or security for any purpose under this Act or the Customs Tariff in electronic or other form; (b) the payment of amounts under this Act or the Customs Tariff by electronic instructions; and (c) the manner in which and the extent to which any provision of this Act, the Customs Tariff or their regulations applies to the electronic communications or electronic means, including electronic systems, and adapting any such provision for the purpose of applying it. Classes (2) Regulations made for the purpose of section 8.3 may establish classes and distinguish among those classes. 2022, c. 10, s. 304
Customs Act — C-52.6 9
Issue of customs broker’s licence 9 (1) Subject to the regulations, the Minister or any person designated by the Minister for the purposes of this section may issue to any person who is qualified under the regulations a licence to transact business as a customs broker. Amendment, etc., of licence (2) Subject to the regulations, the Minister may amend, suspend, renew, cancel or reinstate any licence issued under subsection (1), and any person designated by the Minister for the purpose of this section may amend, suspend, renew, cancel or reinstate any licence issued by himself under subsection (1). Records (3) If an officer so requests, a customs broker shall make available to the officer, within the time specified by the officer, any records that the customs broker is required by the regulations to keep. Prohibition (4) No person shall transact or attempt to transact business as a customs broker or hold himself out as a customs broker unless the person holds a licence issued under subsection (1) or unless he is qualified under the regulations and is duly authorized to transact business as a customs broker by a person who holds such a licence, but nothing in this subsection shall be so construed as to prohibit any person from transacting business on his own behalf under this Act, or to prohibit persons administering estates or other duly authorized agents from transacting business under this Act. Regulations (5) The Governor in Council may make regulations (a) prescribing qualifications as to citizenship, residence and knowledge of the laws and procedures relating to importations and exportations and any other qualifications that must be met by an applicant for a customs broker’s licence issued under subsection (1), and any such qualifications that must be met by a person who transacts business as a customs broker on behalf of a person so licensed; (b) prescribing the terms and conditions on which such licences may be issued, including the security that may be required and the fees, if any, to be paid for the licences; (c) prescribing the duration of such licences; (d) prescribing the manner of applying for such licences or for renewals thereof; (e) providing for the examination of applicants for such licences, and of persons who will transact business as customs brokers on their behalf, by the Minister or by any other person with respect to their knowledge of the laws and procedures relating to importations and exportations; (f) prescribing the examination fees to be paid, the amount of any deposit that may be taken in respect thereof and the conditions under which such fees or deposits may be refunded; (g) prescribing the records to be kept by customs brokers and the period of time for which they shall be kept; and (h) prescribing the manner and circumstances in which the Minister may suspend or cancel a customs broker’s licence issued under subsection (1) or any other person may suspend or cancel such a licence issued by himself thereunder, and the circumstances in which a customs broker’s licence shall be surrendered. R.S., 1985, c. 1, (2nd Supp.), s. 9; 2001, c. 25, s. 9
Customs Act — C-52.6 10
Agents 10 (1) Subject to the regulations, any person who is duly authorized to do so may transact business under this Act as the agent of another person, but an officer may refuse to transact business with any such person unless that person, on the request of the officer, produces a written authority, in a form approved by the Minister, from the person on whose behalf he is acting. Administrators (2) Any person who is duly authorized to administer the estate of another person by reason of death, bankruptcy, insolvency or incapacity or for any other reason may transact business under this Act on behalf of the estate but an officer may refuse to transact business with any such person unless that person satisfies the officer that he is duly authorized to administer the estate. Regulations (3) The Governor in Council may make regulations in respect of any provision of this Act prescribing the circumstances in which a person may transact business under that provision as the agent of another person.
Customs Act — C-52.6 11.1
Minister may authorize 11.1 (1) Subject to the regulations, the Minister may issue to any person an authorization to present himself or herself in an alternative manner. Amendment, etc., of authorization (2) The Minister may, subject to the regulations, amend, suspend, renew, cancel or reinstate an authorization. Regulations (3) The Governor in Council may make regulations (a) prescribing classes of persons who are, and classes of persons who may be, authorized to present themselves in alternative manners; (b) respecting alternative manners of presentation; (c) respecting the requirements and conditions that are to be met before authorizations may be issued; (d) respecting the terms and conditions of authorizations; (e) respecting the amendment, suspension, renewal, cancellation or reinstatement of authorizations; and (f) respecting fees or the manner of determining fees to be paid for authorizations. Service Fees Act (4) The Service Fees Act does not apply to a fee for an authorization issued under this section if it is a reciprocal fee under an international arrangement. 2001, c. 25, s. 11; 2010, c. 25, s. 172; 2012, c. 19, s. 373; 2017, c. 20, s. 454
Customs Act — C-52.6 11.2
Designation of customs controlled areas 11.2 (1) The Minister may designate an area as a customs controlled area for the purposes of this section and sections 11.3 to 11.5 and 99.2 and 99.3. Amendment, etc. of designation (2) The Minister may amend, cancel or reinstate at any time a designation made under this section. 2001, c. 25, s. 11
Customs Act — C-52.6 11.3
Entry prohibited 11.3 (1) No owner or operator of a facility where a customs controlled area is located shall grant or allow to be granted access to the customs controlled area to any person unless the person (a) has been authorized by the Minister; or (b) is a prescribed person or a member of a prescribed class of persons. Amendment, etc., of authorization (2) The Minister may amend, suspend, renew, cancel or reinstate an authorization. 2001, c. 25, s. 11; 2009, c. 10, s. 2
Customs Act — C-52.6 11.4
Presentation and reporting — when leaving customs controlled area 11.4 (1) Subject to subsection (2), every person who is leaving a customs controlled area shall, if requested to do so by an officer, (a) present himself or herself in the prescribed manner to an officer and identify himself or herself; (b) report in the prescribed manner any goods that he or she has acquired through any means while in the customs controlled area; (b.1) present those goods and remove any covering from them, unload any conveyance or open any part of it, or open or unpack any package or container that an officer wishes to examine; and (c) answer truthfully any questions asked by an officer in the performance of his or her duties under this or any other Act of Parliament. Presentation and reporting — within customs controlled area (1.1) Every person who is in a customs controlled area shall, if requested to do so by an officer, (a) present himself or herself in the prescribed manner to an officer and identify himself or herself; and (b) answer truthfully any questions asked by an officer in the performance of his or her duties under this or any other Act of Parliament. Non-application of subsections (1) and (1.1) (2) Subsections (1) and (1.1) do not apply to persons who are required to present themselves under section 11 or report goods under section 12. 2001, c. 25, s. 11; 2009, c. 10, s. 3
Customs Act — C-52.6 11.5
Regulations 11.5 The Governor in Council may make regulations (a) prescribing the persons or classes of persons who may be granted access under paragraph 11.3(1)(b); and (b) respecting the manner in which a person must present himself or herself under paragraphs 11.4(1)(a) and (1.1)(a) and report goods under paragraph 11.4(1)(b). (c) to (e) [Repealed, 2009, c. 10, s. 4] 2001, c. 25, s. 11; 2009, c. 10, s. 4
Customs Act — C-52.6 11.6
Designation of mixed-traffic corridor 11.6 (1) If the Minister considers that it is necessary in the public interest, he or she may designate as a mixed-traffic corridor a portion of a roadway or other access way that (a) leads from an international border to a customs office designated under section 5; and (b) is used by persons arriving in Canada and by persons travelling within Canada. Amendment, etc., of designation (2) The Minister may amend, cancel or reinstate at any time a designation made under this section. 2012, c. 19, s. 481
Customs Act — C-52.6 11.7
Person travelling in mixed-traffic corridor 11.7 Every person who is travelling in a mixed-traffic corridor shall present themselves to an officer at the nearest customs office and state whether they are arriving from a location outside or within Canada. 2012, c. 19, s. 481
Customs Act — C-52.6 12.01
Regulations 12.01 The Governor in Council may make regulations for the purposes of sections 11 and 12, including regulations (a) prescribing the circumstances under which persons, goods or classes thereof on board a conveyance, or classes thereof, are required to present themselves or to be reported, as the case may be, despite subsection 11(5) or 12(5); or (b) defining the expression “make contact with another conveyance” for the purposes of subsections 11(5) and 12(5) and prescribing the circumstances under which a conveyance or a class thereof makes contact with another conveyance. 2017, c. 11, s. 4
Customs Act — C-52.6 12.1
Advance information 12.1 (1) Before the arrival of a conveyance in Canada, the owner or person in charge of a conveyance who is prescribed or any other prescribed person shall give the Agency prescribed information about the conveyance and the persons and goods on board or expected to be on board the conveyance. Exemption (2) A person who is required to provide information under subsection (1) shall hold a valid carrier code unless they are exempt. Carrier code — requirements (3) An application for a carrier code shall be made in the prescribed form with the prescribed information. Carrier code — issuance (4) The Minister shall issue a carrier code to a person who applies for it if the application meets the requirements referred to in subsection (3) and the Minister is satisfied that the requirements and conditions prescribed under paragraph (8)(e) for the carrier code to be issued have been met. Carrier code — suspension, cancellation and reinstatement (5) The Minister may, subject to the regulations, suspend, cancel or reinstate a carrier code. Notification (6) The Minister may issue a notification to any person who provides information under subsection (1) to require the person to take any specified measure with respect to the information. Obligation to comply (7) The person to whom a notification is issued shall comply with the notification. Regulations (8) The Governor in Council may make regulations for the purposes of this section, including regulations (a) respecting the information that must be given under subsection (1); (b) prescribing the persons or classes of persons who must give the information under subsection (1); (c) respecting the circumstances in which the information must be given under subsection (1); (d) respecting the time within which and the manner in which the information must be given under subsection (1); (e) regarding the requirements and conditions that are to be met before a carrier code may be issued; (f) regarding the persons or classes of persons who are exempt from holding a valid carrier code; and (g) regarding the manner and circumstances in which a carrier code may be suspended, cancelled or reinstated. 2009, c. 10, s. 6; 2012, c. 31, s. 266 2022, c. 10, s. 306
Customs Act — C-52.6 13
Obligation to answer questions and present goods 13 Every person who reports goods under section 12 inside or outside Canada or is stopped by an officer in accordance with section 99.1 shall (a) answer truthfully any question asked by an officer with respect to the goods; and (b) if an officer so requests, present the goods to the officer, remove any covering from the goods, unload any conveyance or open any part of the conveyance, or open or unpack any package or container that the officer wishes to examine. R.S., 1985, c. 1 (2nd Supp.), s. 13; 2001, c. 25, s. 13
Customs Act — C-52.6 14
Restriction on unloading before report 14 (1) No person shall unload goods from a conveyance arriving in Canada until the goods have been reported in accordance with sections 12 and 13 except where the safety of the conveyance, or the goods or persons on the conveyance, is threatened by collision, fire, the stress of weather or other similar circumstances or in such other circumstances as may be prescribed. Report of goods unloaded (2) Where a conveyance is unloaded in the circumstances described in subsection (1), the person in charge of the conveyance shall forthwith, in such manner as may be prescribed, report the conveyance, the goods that were so unloaded and any goods that remain on the conveyance at a customs office designated for that purpose.
Customs Act — C-52.6 15
Report of goods illegally imported 15 Any person who finds or has in his possession goods that have been imported and who believes on reasonable grounds that the provisions of this or any other Act of Parliament that prohibits, controls or regulates the importation of goods have not been complied with in respect of the goods or that duties levied thereon have not been paid shall forthwith report to an officer that he has found the goods or has them in his possession.
Customs Act — C-52.6 16
Wreck deemed imported 16 (1) For the purposes of this Act, any wreck that has come into Canada from outside Canada shall be deemed to have been imported. Report of wreck and liability for duties (2) If any wreck that has come into Canada from outside Canada is released to a person under section 61 of the Wrecked, Abandoned or Hazardous Vessels Act , that person (a) shall forthwith report the delivery to an officer; and (b) is, from the time of the delivery, liable for all duties thereon calculated at the rates applicable to the wreck at the time of the delivery. Definition of wreck (3) In this section, wreck includes (a) jetsam, flotsam, lagan and derelict found in, or on the shores of, the sea, any tidal water, or any of the inland waters; (b) cargo, stores and tackle of any vessel and of all parts of the vessel separated therefrom; (c) the property of shipwrecked persons; and (d) any wrecked aircraft or any part thereof and cargo thereof. R.S., 1985, c. 1 (2nd Supp.), s. 16; 2001, c. 26, s. 299 2019, c. 1, s. 140
Customs Act — C-52.6 17
Goods charged with duties from importation 17 (1) Imported goods are charged with duties thereon from the time of importation thereof until such time as the duties are paid or the charge is otherwise removed. Rates of duties (2) Subject to this Act, the rates of duties on imported goods shall be the rates applicable to the goods at the time they are accounted for under subsection 32(1), (2) or (5) or, where goods have been released in the circumstances set out in paragraph 32(2)(b), at the time of release. Liability (3) Whenever the importer of the goods that have been released or any person authorized under paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties on those goods, the owner of the goods at the time of release and the importer of record become jointly and severally, or solidarily, liable, with the importer or person authorized, to pay the duties. Definition of importer of record (4) In this section, importer of record means the person identified as the importer when goods are accounted for under subsection 32(1), (2), (3) or (5). R.S., 1985, c. 1 (2nd Supp.), s. 17; 1992, c. 28, s. 4; 2001, c. 25, s. 14; 2004, c. 25, s. 120(E) 2022, c. 10, s. 307
Customs Act — C-52.6 18
Presumption of importation 18 (1) For the purposes of this section, all goods reported under section 12 shall be deemed to have been imported. Liability of person reporting goods short landed (2) Subject to subsections (3) and 20(2.1), any person who reports goods under section 12, and any person for whom that person acts as agent or employee while so reporting, are jointly and severally or solidarily liable for all duties levied on the goods unless one or the other of them proves, within the time that may be prescribed, that the duties have been paid or that the goods (a) were destroyed or lost prior to report or destroyed after report but prior to receipt in a place referred to in paragraph (c) or by a person referred to in paragraph (d); (b) did not leave the place outside Canada from which they were to have been exported; (c) have been received in a customs office, sufferance warehouse, bonded warehouse or duty free shop; (d) have been received by a person who transports or causes to be transported within Canada goods in accordance with subsection 20(1); (e) have been exported; or (f) have been released. Rates of duties (3) The rates of duties payable on goods under subsection (2) shall be the rates applicable to the goods at the time they were reported under section 12. Regulations (4) The Governor in Council may make regulations prescribing the circumstances in which such bonds or other security as may be prescribed may be required from any person who is or may become liable for the payment of duties under this section. R.S., 1985, c. 1 (2nd Supp.), s. 18; 2001, c. 25, s. 15
Customs Act — C-52.6 19
Disposition of goods before release 19 (1) Subject to section 20, any person who is authorized by an officer or by any prescribed means to do so may (a) deliver goods that have been reported under section 12 or cause them to be delivered from a customs office to another customs office or a sufferance warehouse; (b) deliver such goods or cause them to be delivered from a sufferance warehouse to another sufferance warehouse; (c) where such goods are designated as ships’ stores by regulations made under paragraph 99(g) of the Customs Tariff , remove them or cause them to be removed from a customs office or sufferance warehouse for use on board a conveyance of a class prescribed under that paragraph in accordance with regulations made under that paragraph; (d) export such goods or cause them to be exported directly from a customs office or sufferance warehouse; or (e) where such goods are at a customs office, leave them at that office, subject to such storage charges as may be prescribed. Authorization to deliver goods (1.1) In prescribed circumstances and under prescribed conditions, a person may be authorized by an officer or by any prescribed means to deliver goods or cause them to be delivered to the place of business of the importer, owner or consignee. Movement and storage of goods (2) Subject to section 20, where goods that have been reported under section 12 have been described in the prescribed form at a customs office designated for that purpose, any person who is authorized by an officer or by any prescribed means to do so may (a) deliver the goods or cause them to be delivered from a customs office or sufferance warehouse to a bonded warehouse or duty free shop; (b) deliver them or cause them to be delivered from a bonded warehouse to another bonded warehouse or to a duty free shop or from a duty free shop to another duty free shop or to a bonded warehouse; (c) where the goods are designated as ships’ stores by regulations made under paragraph 99(g) of the Customs Tariff , remove them or cause them to be removed from a bonded warehouse for use on board a conveyance of a class prescribed under that paragraph in accordance with regulations made under that paragraph; (d) export them or cause them to be exported directly from a duty free shop in accordance with regulations made under section 30; or (e) export them or cause them to be exported directly from a bonded warehouse. Duties removed (3) Goods that are removed as ships’ stores under paragraph (1)(c) or exported under paragraph (1)(d) are, from the time of their exportation, no longer charged with duties. (4) and (5) [Repealed, 1995, c. 41, s. 3] R.S., 1985, c. 1 (2nd Supp.), s. 19; 1993, c. 25, s. 69; 1995, c. 41, s. 3; 1997, c. 36, s. 150; 2001, c. 25, s. 16 2022, c. 10, s. 308(F)