Imported Goods Records Regulations (SOR/86-1011)

Regulations are current to 2013-04-29 and last amended on 2006-06-23. Previous Versions

Imported Goods Records Regulations

SOR/86-1011

CUSTOMS ACT

Registration 1986-10-02

Imported Goods Records Regulations

P.C. 1986-2260 1986-10-02

Whereas, pursuant to subsection 164(3) of the Customs Act, a copy of proposed Regulations, substantially in the form annexed hereto, was published in Part I of the Canada Gazette on March 15, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations with respect thereto to the Minister of National Revenue;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 40(1) and paragraph 164(1)(i) of the Customs ActFootnote *, is pleased hereby to make the annexed Regulations respecting the keeping of records by persons who import goods or cause goods to be imported for sale or for any industrial, occupational, commercial, institutional or other like use, effective on the coming into force of subsection 40(1) and paragraph 164(1)(i) of the Customs ActFootnote *.

1. [Repealed, SOR/2005-384, s. 2]

INTERPRETATION

1.1 In these Regulations,

“Act”

“Act” means the Customs Act; (Loi)

“commercial goods”

“commercial goods” means goods imported into Canada for sale or for any industrial, occupational, commercial, institutional or other like use. (marchandises commerciales)

“CSA importer”

“CSA importer” has the same meaning as in section 2 of the Accounting for Imported Goods and Payment of Duties Regulations. (importateur PAD)

  • SOR/93-554, s. 1;
  • SOR/2005-384, s. 3.

GENERAL

  • 2. (1) Every person who is required by subsection 40(1) of the Act to keep records in respect of commercial goods shall keep, for the period of six years following the importation of the commercial goods, all records that relate to

    • (a) the origin, marking, purchase, importation, costs and value of the commercial goods;

    • (b) payment for the commercial goods;

    • (c) the sale or other disposal of the commercial goods in Canada; and

    • (d) any application for an advance ruling made under section 43.1 of the Act in respect of the commercial goods.

  • (2) In addition to the requirements of subsection (1), every CSA importer shall keep, for the period of six years following the importation of the commercial goods,

    • (a) records that provide a description and the quantity of the commercial goods;

    • (a.1) records relating to the reception of the commercial goods;

    • (b) records showing the credits and adjustments used to determine the amount paid for the commercial goods

    • (c) records relating to the accounting for the commercial goods;

    • (d) records relating to any refund, drawback or re-determination of duties;

    • (e) a list of vendors and consignees of the commercial goods; and

    • (f) records relating to the information needed to complete the form entitled “CSA Revenue Summary” in respect of the commercial goods and to the payment of duties on those goods.

  • SOR/89-67, s. 1;
  • SOR/89-482, s. 1;
  • SOR/93-554, s. 2;
  • SOR/97-70, s. 1;
  • SOR/2005-384, s. 4;
  • SOR/2006-153, s. 1.
Previous Version

3. In addition to the records referred to in section 2, a person who imports or causes to be imported commercial goods that have been released free of duty or at a reduced rate of duty because of their intended use or because they were intended to be used by a specific person shall keep, for the same period of time referred to in that section,

  • (a) a certificate or other record signed by the user of the commercial goods that shows the user’s name, address and occupation and indicates the actual use made of the commercial goods; or

  • (b) in the case where the commercial goods have been diverted to a use other than that on the basis of which they were released free of duty or at a reduced rate of duty or have been sold or otherwise disposed of to a person not entitled to have the commercial goods so released, records that contain information sufficient to confirm that the full applicable duties have been paid.

  • SOR/89-67, s. 2(F);
  • SOR/93-554, s. 2.