(h) for the purposes of tariff item No. 9807.00.00,

      (i) defining the word ``settler'',

      (ii) exempting goods or classes of goods imported by any classes of persons referred to in that tariff item from any of its requirements relating to ownership, possession or use, and

      (iii) substituting less exigent requirements relating to the ownership, possession or use of goods or classes of goods of that tariff item;

    (i) for the purposes of tariff item No. 9897.00.00,

      (i) defining the expressions ``issue'', ``periodical'' and ``special edition'',

      (ii) prescribing conditions under which an issue of a periodical will be found to be an issue of a special edition that contained an advertisement that was primarily directed to a market in Canada and that did not appear in identical form in all editions of that issue of a periodical that were distributed in the country of origin, and

      (iii) prescribing conditions under which an issue of a periodical will be found to be an issue more than five per cent of the advertising space in which consisted of space used for advertisements that indicated specific sources of availability in Canada, or specific conditions relating to the sale or provision in Canada, of any goods or services;

    (j) for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing conditions under which goods that have been exported to a free trade partner for repair or alteration may be imported;

    (k) for the purposes of tariff item No. 9993.00.00,

      (i) extending any period that the goods imported under that tariff item may remain in Canada, if it is impracticable or impossible for the importer to export the goods,

      (ii) setting out the conditions under which the requirement for security or for prescribed documents may be waived, and

      (iii) prescribing the form, nature and conditions of any security satisfactory to the Minister of National Revenue; and

    (l) prescribing any other thing that is to be prescribed for the purposes of a tariff item referred to in this section.

Other orders

134. (1) The Minister of National Revenue or Deputy Minister of National Revenue may, by order, suspend for a specified period a tariff item referred to in Supplementary Note 2(c) of Chapter 7 of the List of Tariff Provisions, and bring into force for the period one or more tariff items referred to in Supplementary Note 2(b) of that Chapter, in respect of goods that are imported through a customs office in a region or part of Canada specified in the order during that period.

Other orders

(2) The Minister of National Revenue or Deputy Minister of National Revenue may, by order, suspend for a specified period a tariff item referred to in Supplementary Note 4(c) of Chapter 8 of the List of Tariff Provisions, and bring into force for the period one or more tariff items referred to in Supplementary Note 4(b) of that Chapter, in respect of goods that are imported through a customs office in a region or part of Canada specified in the order during that period.

Exempt goods

135. (1) An order made under subsection 134(1) or (2) does not apply to goods that

    (a) before the order comes into force, a person purchased for importation through a customs office in a region or part of Canada specified in the order in the expectation in good faith that the ``Free'' rate of customs duty set out in a tariff item suspended by the order would apply to the goods; and

    (b) at the time the order comes into force, were in transit to the purchaser in Canada.

Exempt from SIA

(2) An order referred to in subsection 134(1) or (2) is deemed not to be a regulation within the meaning of the Statutory Instruments Act.

PART 5

PROHIBITED GOODS

Prohibited imports

136. (1) The importation of goods of tariff item No. 9897.00.00, 9898.00.00 or 9899.00.00 is prohibited.

Subsection 10(1) does not apply

(2) Subsection 10(1) does not apply in respect of goods referred to in subsection (1).

PART 6

TRANSITIONAL PROVISIONS

Definition of ``former Act''

137. In sections 139, 140 and 143 to 146, ``former Act'' means the Customs Tariff as it read immediately before the coming into force of section 214.

Amendment of schedule

138. (1) The Minister may, by order, amend the schedule, if the Minister considers it necessary to do so as a consequence of the enactment of this Act.

Retroactivity

(2) An order made under subsection (1) may, if it so provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this section comes into force.

Expiry date

(3) Subsection (1) ceases to have effect three years after the day on which this section comes into force.

Amendment of other Acts

139. (1) The Governor in Council may, on the recommendation of the Minister, by order, amend any Act of Parliament other than this Act, by

    (a) substituting, for any reference made therein to a tariff item or code or portion of a tariff item or code in the former Act, a reference to a tariff item or portion of a tariff item in this Act;

    (b) substituting, for any reference made therein to a schedule other than Schedule VII to the former Act, a reference to the schedule to this Act;

    (c) substituting, for any reference made therein to Schedule VII to the former Act, a reference to tariff item Nos. 9897.00.00 to 9899.00.00; and

    (d) making such other modifications as the Governor in Council considers necessary as a consequence of a substitution made under paragraphs (a) to (c) or as a consequence of the enactment of this Act.

Expiry date

(2) Subsection (1) ceases to have effect three years after the day on which this section comes into force.

References to former tariff items and codes

140. (1) Subject to subsection (2), if a tariff item or code or portion of a tariff item or code of the former Act is referred to in an Act of Parliament, or in a regulation or order made thereunder, the reference to that tariff item, code or portion shall, unless the context requires otherwise, be construed as a reference to the tariff item or portion of a tariff item of this Act referring to goods that correspond most closely to goods referred to in the tariff item, code or portion of a tariff item or code of the former Act.

Exception

(2) A reference in a provision of an Act of Parliament other than this Act, or of an order or regulation made under an Act of Parliament, to a heading, subheading, tariff item or code, or portion of a heading, subheading, tariff item or code, of the former Act or to a note to a chapter of Schedule I to the former Act shall, for any purpose relating to a duty or tax under the Excise Act or the Excise Tax Act or for any purpose relating to an additional duty under section 21 of this Act, be read as a reference to that heading, subheading, tariff item, code, portion or note as it read immediately before the day on which this section comes into force.

Retroactivity of order and regulations

141. (1) An order or regulation made under this Act may, if it so provides, be retroactive and have effect in respect of any period before it is made, but no such order or regulation may have effect from a day earlier than the day on which this section comes into force.

Expiry date

(2) Subsection (1) ceases to have effect 18 months after the day on which this section comes into force.

Retroactivity of order and regulations

142. (1) If the Governor in Council considers it necessary for the purposes of implementing this Act that an order or regulation under the Canadian International Trade Tribunal Act, the Customs Act or the Export and Import Permits Act have retroactive effect, the order or regulation may, if it so provides, be retroactive and have effect in respect of any period before it is made, but no such order or regulation may have effect from a day earlier than the day on which this section comes into force.

Non-
applicable

(2) Subsection 164(3) of the Customs Act does not apply in respect of any regulation that, under subsection (1), provides that it has retroactive effect.

Expiry date

(3) Subsection (1) ceases to have effect 18 months after the day on which this section comes into force.

Continuation of regulations and orders

143. If goods were accounted for under section 32 of the Customs Act before the day on which this section comes into force and were subject to the former Act, the Customs Act or any other Act of Parliament, or to any regulation or order made thereunder, those Acts, regulations or orders continue to apply to those goods after the coming into force of this section.

Bonded warehouse licences continued

144. Licences issued under section 81 of the former Act and in effect on the day on which section 91 of this Act comes into force continue to have effect under that section on and after that day.

Security

145. Security held by the Minister of National Revenue to secure the payment of duties under subsection 81(4) of the former Act is continued as security for the purposes of subsection 91(4) of this Act on and after the day on which this section comes into force.

Certificates continued

146. Certificates issued under section 80.1 of the former Act and in effect on the day on which section 90 of this Act comes into force continue to have effect under that section on and after that day.

PART 7

RELATED AMENDMENTS

R.S., c. 1 (2nd Supp.)

Customs Act

R.S., c. 41 (3rd Supp.), s. 118; 1992, c. 28, s. 1(2)(F); 1993, c. 44, s. 81; 1995, c. 41, s. 1(1); 1996, c. 33, s. 28(2); 1997, c. 14, s. 35(3)

147. (1) The definitions ``bonded warehouse'', ``duties'', ``preferential tariff treatment under CCFTA'', ``preferential tariff treatment under CIFTA'', ``preferential tariff treatment under NAFTA'', ``prescribed'' and ``tariff classification'' in subsection 2(1) of the Customs Act are replaced by the following:

``bonded warehouse''
« entrepôt de stockage »

``bonded warehouse'' means a place licensed as a bonded warehouse by the Minister under subsection 91(1) of the Customs Tariff;

``duties''
« droits »

``duties'' means any duties or taxes levied or imposed on imported goods under the Customs Tariff, the Excise Tax Act, the Excise Act, the Special Import Measures Act or any other Act of Parliament, but, for the purposes of subsection 3(1), paragraphs 59(3)(b) and 65(1)(b), sections 69 and 73 and subsections 74(1), 75(2) and 76(1), does not include taxes imposed under Part IX of the Excise Tax Act;

``preferen-
tial tariff treatment under CCFTA''
« traitement tarifaire préférentiel de l'ALÉCC »

``preferential tariff treatment under CCFTA'' means, in respect of goods, entitlement to the Chile Tariff rates of customs duty under the Customs Tariff;

``preferen-
tial tariff treatment under CIFTA''
« traitement tarifaire préférentiel de l'ALÉCI »

``preferential tariff treatment under CIFTA'' means, in respect of goods, entitlement to the Canada-Israel Agreement Tariff rates of customs duty under the Customs Tariff;

``preferen-
tial tariff treatment under NAFTA''
« traitement tarifaire préférentiel de l'ALÉNA »

``preferential tariff treatment under NAFTA'' means, in respect of goods, entitlement to the United States Tariff, the Mexico Tariff or the Mexico-United States Tariff rates of customs duty under the Customs Tariff;

``prescribed''
« réglemen-
taire »

``prescribed'' means

      (a) in respect of a form, the information to be provided on or with a form, or the manner of filing a form, prescribed by the Minister, and

      (b) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation;

``tariff classification''
« classement tarifaire »

``tariff classification'' means the classification of imported goods under a tariff item in the List of Tariff Provisions set out in the schedule to the Customs Tariff;

1995, c. 41, s. 1(3)

(2) The portion of subsection 2(1.1) of the Act before the definition ``alcohol'', ``ethyl alcohol'' and ``spirits'' is replaced by the following:

Definitions

(1.1) For the purpose of the definition ``designated goods'' in subsection (1),

1995, c. 41, s. 1(3)

(3) The definitions ``diamonds'', ``pearls'' and ``precious and semi-precious stones'' in subsection 2(1.1) of the Act are replaced by the following:

``diamonds''
« diamants »

``diamonds'' means goods for personal use or for adornment of the person and classified under subheading Nos. 7102.10, 7102.31 and 7102.39 in the List of Tariff Provisions set out in the schedule to the Customs Tariff;

``pearls''
« perles »

``pearls'' means goods for personal use or for adornment of the person and classified under heading No. 71.01 in the List of Tariff Provisions set out in the schedule to the Customs Tariff;

``precious and semi-precious stones''
« pierres précieuses ou fines »

``precious and semi-precious stones'' means goods for personal use or for adornment of the person and classified under heading No. 71.03 in the List of Tariff Provisions set out in the schedule to the Customs Tariff;

(4) Subsection 2(3) of the Act is replaced by the following:

Powers, duties and functions of Deputy Minister

(3) Any power, duty or function of the Deputy Minister under this Act may be exercised or performed by any person, or by any officer within a class of officers, authorized by the Deputy Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Deputy Minister.

148. The Act is amended by adding the following after section 8: