Duty Free Shop Regulations (SOR/86-1072)

Regulations are current to 2013-04-29

Reinstatement and Renewal of Licences

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

 The Minister may renew a licence on the expiration of its term on condition that

  • (a) in the case of a duty free shop at a border crossing point, the licensee submits an application in the prescribed form to the Commissioner at least 90 days before the date on which the licence is to expire;

  • (b) in the case of a duty free shop at an airport, the licensee has been granted a new lease, an extension of the existing lease or a new right to occupy the place operated as a duty free shop; and

  • (c) no grounds exist for the Minister to suspend or cancel the licence.

  • SOR/2002-218, s. 5;
  • SOR/2005-182, s. 3.

PART II

OPERATION OF DUTY FREE SHOPS

Facilities, Services and Standards

  •  (1) Every licensee shall, at the duty free shop in respect of which his licence was issued,

    • (a) provide or make available public washroom facilities that are easily accessible to disabled persons;

    • (b) provide or make available public telephones that are easily accessible to disabled persons, if the telephone company providing service to the duty free shop agrees to provide such telephone service;

    • (c) provide service in English and French if the duty free shop is located in an area in which customs services are provided in English and French; and

    • (d) display notices in English and French indicating

      • (i) that the goods sold in the duty free shop are for immediate exportation only and must be reported under the Act if they are returned to Canada,

      • (ii) the circumstances in which goods imported into the United States by individuals are exempt from duties, and

      • (iii) the circumstances in which goods imported into Canada by individuals are exempt from duties.

    • (e) and (f[Repealed, SOR/96-153, s. 6]

  • (2) Where a duty free shop forms only part of a building, the licensee shall keep the duty free shop separate from the remainder of the building by a partition or other suitable structure.

  • (3) [Repealed, SOR/96-153, s. 6]

  • SOR/96-153, s. 6.

 Every licensee shall ensure that

  • (a) the goods received in the duty free shop are stored and marked in such a manner that

    • (i) those goods may be readily identified and checked against the licensee’s records of inventory and, in the case of imported goods, against the relevant customs accounting documents, and

    • (ii) domestic goods may be readily distinguished from imported goods;

  • (b) the goods received in the duty free shop are held in an area designated by the chief officer of customs until, in the case of imported goods, those goods have been accounted for under the Act or, in the case of domestic goods, those goods have been approved by an officer for entry into the licensee’s inventory;

  • (c) the duty free shop may be locked and sealed by an officer where the chief officer of customs requests that the duty free shop be locked and sealed, for the purpose of enabling an officer to check the goods therein against the licensee’s records of inventory;

  • (d) the duty free shop may be locked and sealed by an officer in the event that the licensee’s licence expires or is cancelled or suspended and may be kept locked and sealed until

    • (i) in the case of goods in it other than excisable goods, the duties and taxes payable on the goods have been paid or the goods have been disposed of in accordance with the laws relating to customs and excise, and

    • (ii) in the case of goods in it that are excisable goods, the goods have been disposed of in accordance with the laws relating to customs and excise or, in the case of intoxicating liquor, in accordance with the laws relating to intoxicating liquor of the province in which the duty free shop is located; and

  • (e) the duty free shop is kept suitable for the safe-keeping of the goods stored in it.

  • SOR/2005-212, s. 2.