Extension of
period
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(4) The Minister of National Revenue may,
in respect of prescribed goods, extend the
period of exportation by not more than six
months if that Minister is satisfied that it is not
practical or possible to export the goods
within the period.
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Waiver
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(5) The Minister of National Revenue may
waive the requirement under subsection (1) to
provide security.
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General
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Effect of relief
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107. (1) Subject to section 95, if relief is
granted under section 89, 92, 101 or 106 from
the payment of the whole or a portion of
duties,
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Effect of relief
on duty paid
value
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(2) Notwithstanding subsection (1), the
amount of the customs duties payable on
goods shall, for the purposes of determining
the duty paid value of the goods, be
determined as if relief had not been granted
under section 89, 92, 101 or 106.
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Effect of relief
on value
under Excise
Tax Act
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(3) Notwithstanding subsection (1), the
amount of customs duties payable on goods
shall, for the purposes of determining the
value of the goods under section 215 of the
Excise Tax Act, be determined as if relief had
been granted under section 101 but had not
been granted under section 89, 92 or 106.
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Refund or
cancellation
of security
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108. The Minister of National Revenue
shall refund or cancel any security given
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DIVISION 3 |
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OBSOLETE OR SURPLUS GOODS |
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Definition of
``obsolete or
surplus
goods''
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109. In this Division, ``obsolete or surplus
goods'' means goods that are
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Relief for
obsolete or
surplus goods
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110. If an application is made in accordance
with section 111, a refund shall be granted of
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Application
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111. An application under section 110 must
be
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Regulations
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112. The Governor in Council may, on the
recommendation of the Minister of National
Revenue, make regulations prescribing
documents that must accompany an
application under section 110 and the period
within which such an application must be
made.
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DIVISION 4 |
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ADDITIONAL RELIEF |
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Refund or
drawback
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113. (1) Subject to subsection (2), section
96 and any regulations made under subsection
(4), a refund or drawback shall be granted of
all or a portion of duties if
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No refund or
drawback in
respect of
tobacco
products
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(2) No refund or drawback of the duties or
taxes imposed or levied on tobacco products
under the Excise Tax Act or section 21 shall be
granted under subsection (1), except if a
refund of the whole or the portion of the duties
is required to be granted under Division 3.
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Application
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(3) For the purposes of subsection (1), an
application must
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Regulations
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(4) For the purposes of this section, the
Governor in Council may, on the
recommendation of the Minister of National
Revenue, make regulations prescribing
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Designated
goods
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(5) Notwithstanding the exception in
subsection 89(2), a refund or drawback of
duties or taxes levied or imposed under
section 21, the Excise Act or the Excise Tax Act
shall be granted under paragraph (1)(a) on
designated goods.
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Overpayment
of refund or
drawback
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114. (1) If a refund or drawback is granted
under section 110 or 113 to a person who is not
eligible for the refund or drawback or in an
amount exceeding the amount for which the
person is eligible, that person shall pay to Her
Majesty in right of Canada, on the day that the
refund or drawback is received,
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Debt to Her
Majesty
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(2) An amount referred to in subsection (1),
while it remains unpaid, is deemed to be a debt
owing to Her Majesty in right of Canada under
the Customs Act.
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Discretionary
relief
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115. (1) The Governor in Council may, on
the recommendation of the Minister or the
Minister of National Revenue, by order, remit
duties.
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Scope of
relief
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(2) A remission under subsection (1) may be
conditional or unconditional, may be granted
in respect of the whole or any portion of the
duties and may be granted regardless of
whether any liability to pay the duties has
arisen.
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Remission by
way of refund
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(3) If duties have been paid, a remission
under subsection (1) shall be made by granting
a refund of the duties to be remitted.
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DIVISION 5 |
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GENERAL |
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Debts due the
Crown
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116. Relief under section 89 or 101 may be
refused if, at the time the relief is authorized
or required to be granted, the person to whom
the relief is to be granted is indebted to
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Sum in lieu of
drawback,
refund, etc.
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117. If circumstances exist that render it
difficult to determine the exact amount of
relief under section 89, of a refund under
section 110 or of a refund or drawback under
section 113 or the exact amount of a general
remission of duties under an order made under
section 115 of this Act or section 23 of the
Financial Administration Act, the Minister of
National Revenue may, with the consent of the
applicant for the relief, refund, drawback or
remission, grant to the applicant a sum, in an
amount determined by that Minister, in lieu of
the relief, refund, drawback or remission.
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Failure to
comply with
conditions
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118. (1) If relief from, or remission of,
duties is granted under this Act, other than
under section 92, or if remission of duties is
granted under section 23 of the Financial
Administration Act and a condition to which
the relief or remission is subject is not
complied with, the person who did not comply
with the condition shall, within 90 days or
such other period as may be prescribed after
the day of the failure to comply,
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Diversions
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(2) If a drawback has been granted of duties
paid in respect of imported goods by reason of
a deemed exportation under subsection 89(3),
the goods are not subsequently exported and
the goods are diverted to a use other than a use
set out in that subsection, the person who
diverted the goods shall, within 90 days after
the day of the diversion,
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Debt to Her
Majesty
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(3) An amount referred to in paragraph
(1)(b) or (2)(b), while it remains unpaid, is
deemed to be a debt owing to Her Majesty in
right of Canada under the Customs Act.
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Regulations
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(4) The Governor in Council may make
regulations
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Waivers
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119. An application under section 110 or
113 must be accompanied by a waiver, in the
prescribed form, from every other person
eligible to claim a drawback, refund or
remission of the duties in respect of which the
application is made, waiving that person's
right to apply for the drawback, refund or
remission.
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Definition of
``value''
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120. For the purposes of sections 121 and
122, ``value'' means, in respect of a
by-product, goods or merchantable scrap or
waste,
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Relief reduced
by value of
by-product
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121. (1) If relief from payment of duties is
granted in respect of goods under section 89
and the goods enter into a process that
produces a by-product in respect of which
relief could not have been granted, the
processor shall, within 90 days after
production of the by-product, pay to Her
Majesty in right of Canada an amount that
bears the same proportion to the amount of the
relief as the value of the by-product bears to
the total value of the products produced from
the processing of the goods.
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