Bill C-81
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| Notice of
re-deter- mination by designated officer or Deputy Minister
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(6) In addition to the person who accounted
for the goods under subsection 32(1), (3) or
(5), the importer of the goods or the person
who was the owner of the goods at the time of
release, any person who has completed and
signed a Certificate of Origin for goods for
which preferential tariff treatment under a free
trade agreement is claimed that are the subject
of a determination of origin under this section
is entitled to be given notice of the re-deter
mination of the origin of those goods under
section 61 or 64 as applied by subsection (4),
as the case may be.
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| Effect of
re-deter- mination by designated officer
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(7) In the case of a re-determination by a
designated officer of the origin of goods for
which preferential tariff treatment under a free
trade agreement is claimed that are the subject
of a determination of origin under this section,
the reference in subsection 62(1) to ``the
person who was given notice of the decision
under that section'' and the reference in
subsection 62(2) to ``the person referred to in
that subsection'' shall be read as a reference to
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| Effect of
re-deter- mination by Deputy Minister
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(8) In the case of a re-determination by the
Deputy Minister of the origin of goods for
which preferential tariff treatment under a free
trade agreement is claimed that are the subject
of a determination of origin under this section,
the reference in subsection 65(1) to ``the
person who is given notice of the decision
under that section'' and the reference in
subsection 65(2) to ``the person'' shall be read
as a reference to
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41. Section 64 of the Act is amended by
adding the following after paragraph (a.1):
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| 1996, c. 33,
s. 35
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42. Section 72 of the Act is replaced by the
following:
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| Limitation
relating to
security
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72. No security may be given under para
graph 58(2)(a), 62(1)(a) or 65(1)(a) or subsec
tion 69(1) in respect of any amount owing as
surtaxes levied under section 59 or 59.1 of the
Customs Tariff, temporary duties levied under
section 60.1, 60.11, 60.12, 60.13, 60.2, 60.3,
60.4 or 60.41 of that Act or surcharges levied
under section 61 of that Act.
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| 1996, c. 33,
s. 36(1)
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43. (1) Paragraph 74(1)(c.1) of the Act is
replaced by the following:
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| 1988, c. 65,
s. 72; 1996, c.
33, s. 36(1)
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(2) Subsection 74(1) of the Act is amended
by adding the word ``or'' at the end of
paragraph (c.11) and by replacing para
graphs (c.2) and (d) with the following:
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| 1993, c. 44,
s. 98(2);
1996, c. 33,
s. 36(2)
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(3) Subsections 74(1.1) and (1.2) of the
Act are replaced by the following:
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| No request
under
subsection
60(1)
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(1.1) For greater certainty, if the circum
stances described in paragraph (1)(c.1) or
(c.11) exist, a request for a re-determination of
origin may not be made under subsection
60(1) as applied by subsection 57.2(4).
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| 1993, c. 44,
s. 98(3);
1996, c. 33,
s. 36(3)
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(4) Subparagraphs 74(3)(b)(i) and (ii) of
the Act are replaced by the following:
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| 1993, c. 44,
s. 98(4);
1996, c. 33,
s. 36(4)
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(5) Subsections 74(4) to (6) of the Act are
replaced by the following:
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| Effect of
denial of
refund under
paragraph
(1)(c.1) or
(c.11)
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(4) A denial of an application for a refund
under paragraph (1)(c.1) or (c.11) on the
ground that the goods on which the claimant
has paid duties are not eligible for preferential
tariff treatment under a free trade agreement
because the goods are not eligible for that
tariff treatment under the regulations made
under section 13 of the Customs Tariff at the
time they were accounted for under subsection
32(1), (3) or (5) of this Act shall, for the
purposes of this Act, be treated as if it were a
re-determination of origin under subsection
60(3) as applied by subsection 57.2(4).
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| Effect of
denial of
refund under
paragraph
(1)(c.1) or
(c.11)
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(5) For greater certainty, a denial of an
application for a refund under paragraph
(1)(c.1) or (c.11) on the basis that complete or
accurate documentation has not been pro
vided or on any ground other than the ground
specified in subsection (4), as the case may be,
shall not, for the purposes of this Act, be
treated as if it were a re-determination of
origin under this Act.
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| Effect of
granting of
refund under
paragraph
(1)(c.1) or
(c.11)
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(6) The granting of a refund under para
graph (1)(c.1) or (c.11) shall, for the purposes
of this Act, other than section 66, be treated in
the same manner as if it were a re-determina
tion of origin under subsection 60(3) as
applied by subsection 57.2(4).
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| 1988, c. 65,
s. 78; 1993, c.
44, s. 103;
1996, c. 33,
s. 37
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44. Sections 97.01 to 97.11 of the Act are
replaced by the following:
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| Certificate of
Origin of
goods
exported to a
free trade
partner
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97.1 (1) Every exporter of goods to a free
trade partner for which preferential tariff
treatment under a free trade agreement will be
claimed in accordance with the laws of that
free trade partner shall certify in writing in the
prescribed form and containing the prescribed
information that goods exported or to be
exported from Canada to that free trade
partner meet the rules of origin set out in, or
contemplated by, the applicable free trade
agreement and, if the exporter is not the
producer of the goods, the certificate shall be
completed and signed by the exporter on the
basis of the prescribed criteria.
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| Provision of
copy of
Certificate of
Origin
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(2) Every exporter or producer of goods
who, for the purpose of enabling any person to
comply with the applicable laws relating to
customs of a free trade partner, completes and
signs a certificate in accordance with subsec
tion (1) shall, at the request of an officer,
provide the officer with a copy of the certifi
cate.
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| Notification
of correct
information
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(3) A person who has completed and signed
a certificate in accordance with subsection (1)
and who has reason to believe that it contains
incorrect information shall immediately
notify all persons to whom the certificate was
given of the correct information.
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| 1996, c. 33,
s. 38
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45. Subsection 97.2(1) of the Act is
replaced by the following:
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| Exporters' or
producers'
records
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97.2 (1) Every person who exports goods or
causes them to be exported for sale or for any
industrial, occupational, commercial, institu
tional or other like use or any other use that
may be prescribed, and every other person
who has completed and signed a certificate in
accordance with subsection 97.1(1), shall
keep at the place of business in Canada of that
person or at any other place in Canada that
may be designated by the Minister any records
in respect of those goods in the manner and for
the period that may be prescribed and shall, if
an officer so requests, make them available to
the officer and answer truthfully any questions
asked by the officer in respect of the records.
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| 1996, c. 33,
s. 39
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46. Paragraph 153(a.1) of the Act is
replaced by the following:
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47. (1) Section 164 of the Act is amended
by adding the following after subsection
(1.1):
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| Uniform
Regulations
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(1.2) The Governor in Council may, on the
recommendation of the Minister, make regu
lations for the purpose of the uniform inter
pretation, application and administration of
Chapters C and E of CCFTA and any other
matters that may be agreed on from time to
time by the parties to CCFTA.
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| 1993, c. 44,
s. 108(2)
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(2) Paragraph 164(4)(a.01) of the Act is
replaced by the following:
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| 1988, c. 65,
s. 81; 1996, c.
33, s. 40
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(3) Paragraphs 164(4)(a.03) and (a.1) of
the Act are repealed.
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| R.S., c. 41
(3rd Supp.)
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Customs Tariff |
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48. (1) Subsection 2(1) of the Customs
Tariff is amended by adding the following in
alphabetical order:
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| ``Canada- Chile Free Trade Agreement'' « Accord de libre-échange Canada - Chili »
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``Canada-Chile Free Trade Agreement'' has
the same meaning as ``Agreement'' in sub
section 2(1) of the Canada-Chile Free
Trade Agreement Implementation Act;
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| ``Chile'' « Chili »
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``Chile'' means the land, maritime, and air
space under its sovereignty, and the exclu
sive economic zone and the continental
shelf over which it exercises sovereign
rights and jurisdiction in accordance with
international law and its domestic law;
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| ``Chile
Tariff'' « tarif du Chili »
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``Chile Tariff'' means the rates of customs
duty established by section 25.4;
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| ``free trade
partner'' « partenaire de libre- échange »
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``free trade partner'' means
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| 1993, c. 44,
s. 109(3)
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(2) Subsection 2(2) of the Act is replaced
by the following:
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| Goods
imported from
a NAFTA
country or
from Chile
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(2) For the purposes of this Act, goods are
imported from a NAFTA country or from
Chile if they are shipped directly to Canada
from the NAFTA country or from Chile, as the
case may be.
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49. Section 7 of the Act is amended by
adding the following after subsection (3):
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| Abbreviation
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(4) For the purposes of Schedule I, the
abbreviation ``CCFTA'' refers to the ``Cana
da-Chile Free Trade Agreement''.
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| 1993, c. 44,
s. 114
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50. Subsection 21(5) of the Act is replaced
by the following:
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| If there is no
rate
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(5) The symbol ``N/A'', where it appears in
the column ``Mexico Tariff'', ``Mexico-
United States Tariff'', ``Chile Tariff'', ``NAF
TA Staging Category'', ``MFN Staging Cate
gory'' or ``CCFTA Staging Category'' of a
tariff item in Schedule I, indicates that there is
no Mexico Tariff, Mexico-United States Tariff
or Chile Tariff rate of customs duty or tariff
reduction in stages as specified in subsection
25.2(3) or (3.1) or section 25.4, as the case
may be, for that tariff item.
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51. The Act is amended by adding the
following after section 25.3:
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Canada-Chile Free Trade Agreement |
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Chile Tariff
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| Application of
Tariff
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25.4 (1) Subject to subsections (2) to (6) and
sections 25.5 to 25.8, goods that originate in
Chile are entitled to the rates of customs duty,
if any, set out with respect to those goods in the
column ``Chile Tariff'' of Schedule I.
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| Staging
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(2) Subject to section 25.7, if ``A'' appears
in the column ``CCFTA Staging Category'' of
Schedule I in relation to goods entitled to the
Chile Tariff, the rate of customs duty set out
with respect to those goods is free.
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| Staging
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(3) Subject to section 25.7, if ``A-'', ``B-'',
``Ba'', ``B'' or ``X'' appears in the column
``CCFTA Staging Category'' of Schedule I in
relation to goods entitled to the Chile Tariff,
the rate of customs duty that applies to those
goods is the rate set out in the column ``Chile
Tariff'' and shall be reduced
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