|
15. The portion of subsection 18(2) of the
Act before paragraph (a) is replaced by the
following:
|
|
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
|
|
|
16. (1) The portion of subsection 19(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
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
|
|
|
(2) Section 19 of the Act is amended by
adding the following after subsection (1):
|
|
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.
|
|
1995, c. 41,
s. 3(2)
|
(3) The portion of subsection 19(2) of the
Act before paragraph (a) is replaced by the
following:
|
|
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
|
|
|
17. (1) The portion of subsection 20(2) of
the Act before paragraph (a) is replaced by
the following:
|
|
Liability of
transporter
|
(2) Subject to subsection (2.1), every person
who transports or causes to be transported
within Canada goods, other than goods to
which paragraph 32(2)(b) applies, that have
been imported but have not been released is
liable for all duties on the goods unless the
person proves, within the time that may be
prescribed, that the goods were
|
|
|
(2) Section 20 of the Act is amended by
adding the following after subsection (2):
|
|
Exception
|
(2.1) If a person transports within Canada
goods to which paragraph 32(2)(b) applies,
which the person is required to report under
section 12 but which have not been released,
the person is liable for all duties on the goods
unless the person proves, within the time that
may be prescribed, that the goods were
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1995, c. 41,
s. 5
|
18. Subsection 22(1) of the Act is replaced
by the following:
|
|
Records
|
22. (1) Subject to subsection (2), the
following persons shall keep the prescribed
records at their place of business in Canada or
at any other place that the Minister may
designate, for the prescribed period and in the
prescribed manner, and shall on the request of
an officer make them available to the officer,
within the time specified by the officer, and
answer truthfully any questions asked by the
officer about those records:
|
|
|
|
|
|
|
|
1995, c. 39,
s. 168
|
19. (1) The portion of subsection 28(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
Liability of
operator
|
28. (1) Subject to subsection (1.2), the
operator of a sufferance warehouse, bonded
warehouse or duty free shop is liable for all
duties or taxes levied under the Customs
Tariff, the Excise Tax Act, the Excise Act, the
Special Import Measures Act or any other law
relating to customs on goods that have been
received in that warehouse or shop unless the
operator proves that the goods
|
|
1993, c. 25,
s. 72(1)
|
(2) Subsection 28(1.1) of the Act is
replaced by the following:
|
|
Exception -
certain goods
|
(1.1) This section does not apply to goods to
which paragraph 32(2)(b) applies.
|
|
1993, c. 25,
s. 72(2)
|
(3) Subsection 28(3) of the Act is replaced
by the following:
|
|
Definition
``duties'' does
not apply
|
(3) The definition ``duties'' in subsection
2(1) does not apply for the purposes of
subsections (1) and (2).
|
|
|
20. Section 31 of the Act is replaced by the
following:
|
|
Release
|
31. Subject to section 19, no goods shall be
removed from a customs office, sufferance
warehouse, bonded warehouse or duty free
shop by any person other than an officer in the
performance of his or her duties under this or
any other Act of Parliament unless the goods
have been released by an officer or by any
prescribed means.
|
|
|
21. Subsections 32(2) and (3) of the Act
are replaced by the following:
|
|
Release prior
to accounting
|
(2) In prescribed circumstances and under
prescribed conditions, goods may be released
prior to the accounting required under
subsection (1) if
|
|
|
|
|
|
|
|
Accounting
after release
|
(3) If goods are released under subsection
(2), they shall be accounted for within the
prescribed time and in the manner described in
paragraph (1)(a) by, in the case of goods to
which paragraph (2)(a) applies, the person
who made the interim accounting under that
paragraph in respect of the goods and, in the
case of goods to which paragraph (2)(b)
applies, by the importer or owner of the goods.
|
|
1997, c. 36,
s. 152
|
22. Subsection 32.2(6) of the Act is
replaced by the following:
|
|
Diversions
|
(6) The obligation under this section to
make a correction to a declaration of tariff
classification includes an obligation to correct
a declaration of tariff classification that is
rendered incorrect by a failure, after the goods
are accounted for under subsection 32(1), (3)
or (5) or, in the case of prescribed goods, after
the goods are released without accounting, to
comply with a condition imposed under a
tariff item in the List of Tariff Provisions set
out in the schedule to the Customs Tariff or
under any regulations made under that Act in
respect of a tariff item in that List.
|
|
|
23. The Act is amended by adding the
following after section 32.2:
|
|
Diversion of
goods used as
ships' stores
|
32.3 If goods are removed or caused to be
removed for use as ships' stores under
paragraph 19(1)(c) or (2)(c), and the goods are
subsequently diverted to another use, the
person who diverted the goods shall, at the
time of the diversion,
|
|
|
|
|
|
|
|
|
|
|
1997, c. 36,
s. 153
|
24. Section 33.1 of the Act is repealed.
|
|
1992, c. 28,
s. 7(1)
|
25. Section 33.3 of the Act is repealed.
|
|
1992, c. 28,
s. 7(1); 1994,
c. 47, s. 70;
1995, c. 41,
s. 9; 1997,
c. 36, s. 154
|
26. Section 33.4 of the Act is replaced by
the following:
|
|
Interest
|
33.4 (1) Subject to subsection (3), any
person who is liable to pay an amount of duties
in respect of imported goods shall pay, in
addition to the amount, interest at the
specified rate for the period beginning on the
first day after the day the person became liable
to pay the amount and ending on the day the
amount has been paid in full, calculated on the
outstanding balance of the amount.
|
|
When duties
deemed
payable
|
(2) For the purposes of subsection (1), any
duties in respect of goods payable under
paragraph 59(3)(a) or 65(1)(a) of this Act or
under the Special Import Measures Act are
deemed to have become payable on the day
duties became payable in respect of the goods
under this Part or that Act.
|
|
Interest-free
period
|
(3) If an amount of duties in respect of
goods that is payable by a person under
paragraph 59(3)(a) or 65(1)(a) in accordance
with a determination, re-determination or
further re-determination made under this Act
is paid by the person or if an amount of duties
in respect of goods that is payable under the
Special Import Measures Act in accordance
with a determination or re-determination
made under that Act is paid by the importer in
Canada within thirty days after the day the
determination, re-determination or further
re-determination, as the case may be, is made
(in this subsection referred to as the ``decision
day''), interest is not payable under subsection
(1) on the amount for the period beginning on
the day after the decision day and ending on
the day the amount is paid.
|
|
1992, c. 28,
s. 7(1)
|
27. Section 33.6 of the Act is repealed.
|
|
1992, c. 28,
s. 7(1)
|
28. (1) Paragraph 33.7(2)(b) of the Act is
replaced by the following:
|
|
|
|
|
1992, c. 28,
s. 7(1)
|
(2) Paragraph 33.7(3)(b) of the Act is
replaced by the following:
|
|
|
|
|
1992, c. 28,
s. 7(1)
|
29. Section 33.8 of the Act is repealed.
|
|
1993, c. 44,
s. 83
|
30. (1) Subsection 35.02(1) of the Act is
repealed.
|
|
1993, c. 44,
s. 83
|
(2) Subsection 35.02(3) of the Act is
repealed.
|
|
1993, c. 44,
s. 83
|
(3) The portion of subsection 35.02(4) of
the Act before paragraph (a) is replaced by
the following:
|
|
Goods
imported from
a NAFTA
country
|
(4) If a person imports goods of a prescribed
class from a NAFTA country, that person is not
liable to a penalty under section 109.1 unless
|
|
1993, c. 44,
s. 83
|
(4) Subsection 35.02(5) of the Act is
repealed.
|
|
1993, c. 44,
s. 85; 1995,
c. 41, s. 15;
1997, c. 36,
s. 159
|
31. Subsections 40(1) to (3) of the Act are
replaced by the following:
|
|
Importers'
records
|
40. (1) Every person who imports goods or
causes goods to be imported for sale or for any
industrial, occupational, commercial,
institutional or other like use or any other use
that may be prescribed shall keep at the
person's place of business in Canada or at any
other place that may be designated by the
Minister any records in respect of those goods
in any manner and for any period of time that
may be prescribed and shall, where an officer
so requests, make them available to the
officer, within the time specified by the
officer, and answer truthfully any questions
asked by the officer in respect of the records.
|
|
Minister's
request
|
(2) If, in the opinion of the Minister, a
person has not kept records in accordance with
subsection (1), the Minister may request that
person to comply with that subsection in
respect of the records.
|
|
Requirement
to keep
records
|
(3) The following persons shall keep at their
place of business or at any other place that may
be designated by the Minister the prescribed
records with respect to the prescribed goods,
in the manner and for the period that may be
prescribed, and shall, where an officer
requests, make them available to the officer,
within the time specified by the officer, and
answer truthfully any questions asked by the
officer in respect of the records:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
32. Section 42 of the Act is replaced by the
following:
|
|
Definition of
``dwelling-ho
use''
|
42. (1) In this section, ``dwelling-house''
means the whole or any part of a building or
structure that is kept or occupied as a
permanent or temporary residence, and
includes
|
|
|
|
|
|
|
|
Inspections
|
(2) An officer, or an officer within a class of
officers, designated by the Minister for the
purposes of this section, may at all reasonable
times, for any purpose related to the
administration or enforcement of this Act,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Prior
authorization
|
(3) If any premises or place referred to in
paragraph (2)(c) is a dwelling-house, an
officer may not enter that dwelling-house
without the consent of the occupant except
under the authority of a warrant under
subsection (4).
|
|
Warrant
|
(4) On ex parte application by the Minister,
a judge may issue a warrant authorizing an
officer to enter a dwelling-house subject to the
conditions that may be specified in the
warrant, if the judge is satisfied by
information on oath that
|
|
|
|
|
|
|
|
|
|
|
Other access
to document
|
(5) If the judge is not satisfied that entry into
that dwelling-house is necessary for any
purpose relating to the administration or
enforcement of this Act but is satisfied that
access to a document or property that is or
should be kept in the dwelling-house has been
or may be expected to be refused, the judge
may
|
|
|
|
|
|
|
|
1997, c. 36,
s. 160
|
33. Section 42.01 of the Act is replaced by
the following:
|
|
Methods of
verification
|
42.01 An officer, or an officer within a class
of officers, designated by the Minister for the
purposes of this section may conduct a
verification of origin (other than a verification
of origin referred to in section 42.1),
verification of tariff classification or
verification of value for duty in respect of
imported goods in the manner that is
prescribed and may for that purpose at all
reasonable times enter any prescribed
premises.
|
|