Customs Act — C-52.6 107
Definitions 107 (1) The definitions in this subsection apply in this section. customs information means information of any kind and in any form that (a) relates to one or more persons and is obtained by or on behalf of (i) the Minister for the purposes of this Act or the Customs Tariff , or (ii) the Minister of National Revenue for the purposes of the collection of debts due to Her Majesty under Part V.1; (b) is prepared from information described in paragraph (a). ( renseignement douanier ) official means a person who (a) is or was employed in the service of Her Majesty in right of Canada or of a province; (b) occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or (c) is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. ( fonctionnaire ) specified person means a person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of, Her Majesty in right of Canada to carry out the provisions of this Act, the Customs Tariff or the Special Import Measures Act . It includes a person who was formerly so employed or engaged or who formerly occupied such a position. ( personne déterminée ) Prohibition — provision or use of customs information (2) Except as authorized under this section, no person shall (a) knowingly provide, or allow to be provided, to any person any customs information; (b) knowingly allow any person to have access to any customs information; or (c) knowingly use customs information. Authorized use of customs information by official (3) An official may use customs information (a) for the purposes of administering or enforcing this Act, the Customs Tariff , the Excise Act, 2001 , the Special Imports Measures Act or Part 2 or 2.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or for any purpose set out in subsection (4), (5) or (7); (b) for the purposes of exercising the powers or performing the duties and functions of the Minister of Public Safety and Emergency Preparedness under the Immigration and Refugee Protection Act , including establishing a person’s identity or determining their inadmissibility; or (c) for the purposes of any Act or instrument made under it, or any part of such an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act , the Feeds Act , the Fertilizers Act , the Health of Animals Act , the Plant Protection Act , the Safe Food for Canadians Act and the Seeds Act . Authorized provision of information (4) An official may provide, allow to be provided or provide access to customs information if the information (a) will be used solely in or to prepare for criminal proceedings commenced under an Act of Parliament; (b) will be used solely in or to prepare for any legal proceedings relating to the administration or enforcement of an international agreement relating to trade, this Act, the Customs Tariff , the Special Import Measures Act , any other Act of Parliament or law of a province that provides for the imposition or collection of a tax or duty or Part 2 or 2.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , before (i) a court of record, including a court of record in a jurisdiction outside Canada, (ii) an international organization, or (iii) a dispute settlement panel or an appellate body created under an international agreement relating to trade; (c) may reasonably be regarded as necessary solely for a purpose relating to the administration or enforcement of this Act, the Customs Tariff , the Excise Act , the Excise Act, 2001 , the Excise Tax Act , the Export and Import Permits Act , the Immigration and Refugee Protection Act , the Special Import Measures Act or Part 2 or 2.1 of the Proceeds of Crime (Mone