Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))

Act current to 2016-01-25 and last amended on 2015-08-01. Previous Versions

Marginal note:Passenger information
  •  (1) The Minister may, under prescribed circumstances and conditions, require any prescribed person or prescribed class of persons to provide, or to provide access to, within the prescribed time and in the prescribed manner, prescribed information about any person on board or expected to be on board a conveyance.

  • Marginal note:Disclosure

    (2) Any person who is required under subsection (1) to provide, or provide access to, prescribed information shall do so despite any restriction under the Aeronautics Act on the disclosure of such information.

  • 2001, c. 25, s. 61;
  • 2009, c. 10, s. 12;
  • 2012, c. 31, s. 267.

 [Repealed, 2001, c. 25, s. 61]

Inquiries

Marginal note:Inquiry
  •  (1) The Minister may, for any purpose related to the administration or enforcement of this Act, authorize any person to make an inquiry into any matter specified by the Minister.

  • Marginal note:Powers of person authorized

    (2) A person authorized pursuant to subsection (1) has all of the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

  • Marginal note:Travel and living expenses

    (3) Reasonable travel and living expenses shall be paid to any person summoned by a person authorized under subsection (1) at the time of the service of the summons.

Penalties and Interest

Marginal note:Designated provisions
  •  (1) Every person who fails to comply with any provision of an Act or a regulation designated by the regulations made under subsection (3) is liable to a penalty of not more than twenty-five thousand dollars, as the Minister may direct.

  • Marginal note:Failure to comply

    (2) Every person who fails to comply with any term or condition of a licence issued under this Act or the Customs Tariff or any obligation undertaken under section 4.1 is liable to a penalty of not more than twenty-five thousand dollars, as the Minister may direct.

  • Marginal note:Designation by regulation

    (3) The Governor in Council may make regulations

    • (a) designating any provisions of this Act, the Customs Tariff or the Special Import Measures Act or of any regulation made under any of those Acts; and

    • (b) establishing short-form descriptions of the provisions designated under paragraph (a) and providing for the use of those descriptions.

  • 1993, c. 25, s. 80;
  • 1995, c. 41, s. 29;
  • 1997, c. 36, s. 182;
  • 2001, c. 25, s. 62.

 [Repealed, 2001, c. 25, s. 62]

Definition of designated goods

  •  (1) In this section, designated goods includes firearms, weapons, ammunition and any other goods classified under Chapter 93 of the List of Tariff Provisions set out in the schedule to the Customs Tariff or under tariff item No. 9898.00.00 of that List.

  • Marginal note:Contravention relating to tobacco products and designated goods

    (2) Every person who

    • (a) removes tobacco products or designated goods or causes tobacco products or designated goods to be removed from a customs office, sufferance warehouse, bonded warehouse or duty free shop in contravention of this Act or the Customs Tariff or the regulations made under those Acts, or

    • (b) sells or uses tobacco products or designated goods designated as ships’ stores in contravention of this Act or the Customs Tariff or the regulations made under those Acts,

    is liable to a penalty equal to double the total of the duties that would be payable on like tobacco products or designated goods released in like condition at the rates of duties applicable to like tobacco products or designated goods at the time the penalty is assessed, or to such lesser amount as the Minister may direct.

  • 1993, c. 25, s. 80;
  • 1995, c. 41, s. 29;
  • 1997, c. 36, s. 184.
Marginal note:Assessment
  •  (1) A penalty to which a person is liable under section 109.1 or 109.2 may be assessed by an officer and, if an assessment is made, an officer shall serve on the person a written notice of that assessment by sending it by registered or certified mail or delivering it to the person.

  • Marginal note:Limitation on assessment

    (2) A person shall not be assessed penalties under both sections 109.1 and 109.2 in respect of the same contravention of this Act, the Customs Tariff or the Special Import Measures Act or the regulations made under those Acts.

  • Marginal note:Penalty in addition to other sanction

    (3) An assessment under subsection (1) may be made in addition to a seizure under this Act or a demand for payment under section 124, in respect of the same contravention of this Act or the regulations.

  • Marginal note:Sufficiency of short-form description

    (4) The use on a notice of assessment of a short-form description established under paragraph 109.1(3)(b) or of a description that deviates from that description without affecting its substance is sufficient for all purposes to describe the contravention.

  • 1993, c. 25, s. 80;
  • 1995, c. 41, s. 30;
  • 2001, c. 25, s. 63.
Marginal note:When penalty becomes payable

 A penalty assessed against a person under section 109.3 shall become payable on the day the notice of assessment of the penalty is served on the person.

  • 1993, c. 25, s. 80.
 
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