Duty Free Shop Regulations (SOR/86-1072)

8. The Minister may cancel a licence where the licensee

• (a) no longer owns or leases the place that is licensed as a duty free shop;

• (b) requests the Minister in writing to cancel the licence; or

• (c) is bankrupt.

• 9. (1) Subject to section 10, the Minister may suspend or cancel a licence where the licensee

  • (a) is the subject of a receivership in respect of his debts;

  • (b) fails to comply with any Act of Parliament, or any regulation made pursuant thereto, that prohibits, controls or regulates the importation or exportation of goods, or that relates to customs and excise;

  • (c) [Repealed, SOR/96-153, s. 4]

  • (d) has, in the course of his operation of the duty free shop, acted dishonestly in his business dealings with customers, suppliers, customs brokers, carriers, Her Majesty or servants of Her Majesty; or

  • (e) has failed to carry out, within a reasonable time and in a reasonable manner, any proposal made in the application for the licence.

• (2) Subject to section 10, the Minister may suspend or cancel a licence where

  • (a) the volume of goods sold in the duty free shop is no longer sufficient to warrant the continued operation of the duty free shop;

  • (b) there is no longer a need for a duty free shop in the area in which the duty free shop is located;

  • (c) the Agency is no longer able to provide customs services with respect to the duty free shop; or

  • (d) the licensee has altered the structure of the duty free shop in a manner that

    • (i) contravenes a requirement related to the storage or sale of goods set out in the Act or in these Regulations,

    • (ii) impedes the flow of traffic in the vicinity in which the duty free shop is located, or

    • (iii) detrimentally affects the immediate export of goods.

• (3) Subject to section 10, the Minister may cancel a licence where the licensee

  • (a) has made a misrepresentation in the application for the licence; or

  • (b) no longer qualifies under these Regulations for a licence.

• 10. (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 30 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 9, 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.