Customs Sufferance Warehouses Regulations (SOR/86-1065)

Regulations are current to 2013-05-20

  •  (1) The Minister shall, immediately after suspending a licence, give to the licensee a notice confirming the suspension and providing all relevant information concerning the grounds on which the Minister has suspended the licence.

  • (2) The licensee may, within 90 days after the day on which the licence is suspended, make representations to the Minister regarding why the licence should be reinstated.

  • (3) The Minister shall, before cancelling a licence under section 8, give the licensee 90 days notice of the proposed cancellation and provide the licensee with all relevant information concerning the grounds on which the Minister proposes to cancel the licence.

  • (4) The licensee may, within 90 days after the day on which the notice referred to in subsection (3) is given, make representations to the Minister regarding why the licence should not be cancelled.

  • SOR/95-177, s. 5;
  • SOR/96-152, s. 3.

Reinstatement of Licence

 The Minister may reinstate a suspended licence where the Minister is satisfied that the cause for the suspension no longer exists.

PART II

OPERATION OF SUFFERANCE WAREHOUSES

Facilities, Equipment and Personnel

[SOR/96-38, s. 3]
  •  (1) Every licensee shall provide, at the sufferance warehouse in respect of which his licence was issued

    • (a) washroom facilities and offices for the use of officers, and the heat, light and cleaning services necessary for those facilities and offices, where so requested by the chief officer of customs;

    • (b) adequate space for the examination of imported goods by officers;

    • (c) the personnel and equipment necessary to ensure that the goods to be examined by an officer are made available to the officer for examination;

    • (d) a detention compound or parking area for the storage of imported goods that are held in a conveyance, where so requested by the chief officer of customs; and

    • (e) facilities, equipment and personnel sufficient to control access to the sufferance warehouse and provide secure storage of the goods stored in it, including

      • (i) doors and other building components of sturdy construction,

      • (ii) secure locks on doors and windows,

      • (iii) signs that indicate the security requirements applicable to the premises, and

      • (iv) where the sufferance warehouse will be used for the storage of designated goods, such additional facilities and equipment as may be required to ensure the secure storage of those goods.

  • (2) Where a sufferance warehouse is restricted by the terms and conditions of its licence to the receipt of goods arriving by motor vehicles used for commercial purposes, the licensee may lease space to any carrier who has requested space for his exclusive use in the operation of a separate sufferance warehouse.

  • SOR/95-177, s. 6;
  • SOR/96-38, s. 4.

Operation and Maintenance Standards

  •  (1) Every licensee shall ensure that the goods received in the sufferance warehouse are stored safely and securely in the area designated for that purpose in the plan referred to in subsection 3(2).

  • (2) No person, other than the licensee, an employee of the licensee or an employee of a carrier engaged in the delivery of goods to or the removal of goods from the sufferance warehouse, shall enter any place in it where goods are stored, without the written authorization or the attendance of an officer.

  • (3) Every licensee shall have in place

    • (a) procedures to maintain the security of, and restrict access to, the sufferance warehouse; and

    • (b) procedures to ensure that personnel working in the sufferance warehouse are aware of and follow the procedures referred to in paragraph (a).

  • SOR/96-38, s. 5;
  • SOR/2005-211, s. 2(F).