Customs Sufferance Warehouses Regulations (SOR/86-1065)

Regulations are current to 2016-02-03 and last amended on 2015-05-06. Previous Versions

Customs Sufferance Warehouses Regulations

SOR/86-1065

CUSTOMS ACT

Registration 1986-11-06

Regulations Respecting Customs Sufferance Warehouses

P.C. 1986-2485 1986-11-06

Whereas, pursuant to subsection 164(3) of the Customs ActFootnote *, a copy of proposed Regulations respecting customs sufferance warehouses, substantially in the form annexed hereto, was published in the Canada Gazette Part I on April 26, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of National Revenue with respect hereto;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 30, subsection 37(1), paragraphs 164(1)(i) and (j) and section 166 of the Customs ActFootnote *, is pleased hereby to make the annexed Regulations respecting customs sufferance warehouses, effective the day that section 30, subsection 37(1), paragraphs 164(1)(i) and (j) and section 166 of the Customs ActFootnote * come into force.

Short Title

 These Regulations may be cited as the Customs Sufferance Warehouses Regulations.

Interpretation

 In these Regulations,

Act

Act means the Customs Act; (Loi)

applicant

applicant means a person who applies for a licence; (demandeur)

carrier

carrier means a person who, pursuant to the Transportation of Goods Regulations, is authorized to transport goods or to cause goods to be transported; (transitaire)

chief officer of customs

chief officer of customs, with respect to a sufferance warehouse or a proposed sufferance warehouse, means the manager of the customs office or customs offices that serve the area in which the sufferance warehouse is located or is proposed to be located; (agent en chef des douanes)

Department

Department[Repealed, SOR/2005-211, s. 1]

excise warehouse licensee

excise warehouse licensee has the same meaning as in section 2 of the Excise Act, 2001; (exploitant agréé d’entrepôt d’accise)

firearm

firearm has the same meaning as in section 2 of the Criminal Code; (arme à feu)

licence

licence means a licence to operate a place as a sufferance warehouse; (agrément)

licensee

licensee means a person to whom a licence has been issued. (exploitant)

prohibited ammunition

prohibited ammunition has the same meaning as in subsection 84(1) of the Criminal Code; (munitions prohibées)

prohibited device

prohibited device has the same meaning as in subsection 84(1) of the Criminal Code; (dispositif prohibé)

prohibited weapon

prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code; (arme prohibée)

restricted weapon

restricted weapon has the same meaning as in subsection 84(1) of the Criminal Code; (arme à autorisation restreinte)

special container

special container has the same meaning as in section 2 of the Excise Act, 2001; (contenant spécial)

  • SOR/96-152, s. 1;
  • SOR/2005-211, s. 1.

PART ILicensing of Sufferance Warehouses

Issuance of Licence

  •  (1) Subject to subsection (3), the Minister may, where the Minister deems it necessary or desirable to do so, issue a licence to any person who makes an application for a licence in accordance with subsection (2), gives such security as may be required under section 4 and pays the fees required under section 5.

  • (2) Any person who wishes to apply for a licence, shall submit a completed application therefor in the prescribed form, together with a detailed plan of the proposed sufferance warehouse, to the chief officer of customs.

  • (2.1) The plan referred to in subsection (2) must indicate

    • (a) whether the place proposed to be operated as a sufferance warehouse exists or is to be constructed;

    • (b) the type of construction of the place, whether or not it already exists; and

    • (c) the area, within the place, that is to be used for the storage of goods.

  • (3) The Minister shall not issue a licence to an applicant unless

    • (a) the applicant is of good character;

    • (b) [Repealed, SOR/95-177, s. 1]

    • (c) the applicant has sufficient financial resources to enable him to provide the facilities, equipment, personnel and services required under sections 11 to 13 and to lease or purchase the proposed sufferance warehouse;

    • (d) the volume and nature of business in the area in which the applicant proposes to operate a sufferance warehouse is such that a sufferance warehouse is needed to serve the importers in that area;

    • (e) the site of the proposed sufferance warehouse is within a reasonable distance from major transportation routes and a customs office;

    • (f) the proposed sufferance warehouse contains adequate space for the storage of imported goods;

    • (g) the structure of the proposed sufferance warehouse will be suitable for the operation of a sufferance warehouse; and

    • (h) the Agency is able to provide customs services with respect to the proposed sufferance warehouse.

  • (4) [Repealed, SOR/95-177, s. 1]

  • SOR/88-85, s. 1(F);
  • SOR/95-177, s. 1;
  • SOR/96-38, s. 1;
  • SOR/2005-211, s. 6.

Security

  •  (1) An applicant shall, before a licence is issued to the applicant, give security in an amount determined by the Minister.

  • (2) The Minister may at any time require a licensee to increase the amount of security given under subsection (1) to an amount sufficient to ensure the payment of any duties payable in respect of goods stored in the sufferance warehouse.

  • (3) The security given under subsection (1) shall be deposited with the chief officer of customs and shall be in the form of

    • (a) cash;

    • (b) a certified cheque;

    • (c) a transferable bond issued by the Government of Canada; or

    • (d) a bond issued by

      • (i) a company that is licensed or otherwise authorized under the laws of Canada or of a province to carry on the fidelity or surety class of insurance business and that is recommended to the Treasury Board by the Office of the Superintendent of Financial Institutions as a company whose bonds may be accepted by the Government of Canada,

      • (ii) a member of the Canadian Payments Association referred to in section 4 of the Canadian Payments Association Act,

      • (iii) a corporation that accepts deposits insured by the Canada Deposit Insurance Corporation or the Régie de l’assurance-dépôts du Québec to the maximum amounts permitted by the statutes under which those institutions were established,

      • (iv) a credit union as defined in subsection 137(6) of the Income Tax Act, or

      • (v) a corporation that accepts deposits from the public, if repayment of the deposits is guaranteed by Her Majesty in right of a province.

  • SOR/91-274, Part III;
  • SOR/95-177, s. 2;
  • SOR/96-38, s. 2;
  • SOR/2001-197, s. 5.

Licence Fees

  •  (1) Every licensee shall pay to the chief officer of customs the following fees in respect of the licence:

    • (a) $500 for the period beginning on the day on which the licence is issued and ending on March 31 in the same fiscal year; and

    • (b) $500 for each fiscal year of operation after the period referred to in paragraph (a) that begins during the term of the licence.

  • (1.1) Where a licence is issued on or after October 1 in a fiscal year, the fee payable under subsection (1) for that fiscal year is reduced by 50 per cent.

  • (2) The fee for a period referred to in paragraph (1)(a) or subsection (1.1) shall be paid on or before the day on which the licence is issued and the fee for each fiscal year referred to in paragraph (1)(b) shall be paid on or before April 1 in that fiscal year.

  • (3) For the purposes of this section, fiscal year means the period beginning on April 1 and ending on the 31st day of March next following.

  • SOR/92-187, s. 1;
  • SOR/95-177, s. 3;
  • SOR/96-152, s. 2.

Amendment of Licence

  •  (1) The Minister may amend a licence only for the following purposes:

    • (a) subject to subsection (2),

      • (i) to change a restriction specified in the licence regarding the classes of goods that may be received in the sufferance warehouse in respect of which the licence was issued, or to specify such a restriction, and

      • (ii) to change the circumstances specified in the licence in which goods may be received in the sufferance warehouse, or to specify such circumstances; or

    • (b) to change the name of the licensee, where the name of the licensee is changed.

  • (2) The Minister may amend a licence for the purposes set out in subparagraph (1)(a)(i) or (ii) only where he gives to the licensee 90 days notice of the proposed amendment.

 
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