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Canada Border Services Agency Act (S.C. 2005, c. 38)

Assented to 2005-11-03

CONSEQUENTIAL AMENDMENTS

R.S., c. E-15Excise Tax Act

Marginal note:2001, c. 17, s. 235

103. Subsection 106.1(1) of the Act is replaced by the following:

Marginal note:Presumption

  • 106.1 (1) Every document purporting to be an order, direction, notice, certificate, requirement, decision, determination, assessment, discharge of mortgage or acquittance of a hypothecary claim or other document and purporting to have been executed under, or in the course of the administration or enforcement of, this Act or the regulations over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized by the Minister to exercise his or her powers or perform his or her duties or functions under this Act is deemed to be a document signed, made and issued by the Minister, Deputy Minister, Commissioner of Customs and Revenue, the Commissioner or the officer, unless called into question by the Minister or by some person acting for the Minister or Her Majesty.

  • Marginal note:Presumption

    (1.1) Every document purporting to be an order, a direction, a notice, a certificate, a requirement, a decision, a determination, an assessment, a discharge of mortgage or an acquittance of a hypothecary claim or other document and purporting to have been executed under, or in the course of the administration or enforcement of, this Act or the regulations over the name in writing of the Solicitor General of Canada, the President of the Canada Border Services Agency or an officer authorized by that Minister to exercise his or her powers or perform his or her duties or functions under this Act is deemed to be a document signed, made and issued by that Minister, the President or the officer, unless called into question by that Minister or by some person acting for that Minister or Her Majesty.

Marginal note:1999, c. 17, s. 152(2)

104. The definitions “Agency” and “Commissioner” in subsection 123(1) of the Act are replaced by the following:

“Agency”

« Agence »

“Agency” means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act;

“Commissioner”

« commissaire »

“Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act;

Marginal note:1993, c. 27, s. 81(1)

  • 105. (1) Paragraph 215.1(2)(b) of the Act is replaced by the following:

    • (b) the Solicitor General of Canada has, under any of sections 73, 74 and 76 of the Customs Act, granted an abatement or refund of all or part of the duties paid on the goods,

  • Marginal note:1993, c. 27, s. 81(1)

    (2) Paragraph 215.1(3)(b) of the Act is replaced by the following:

    • (b) if the goods had been subject to duties under the Customs Act, the Solicitor General of Canada would, because of any of the circumstances described in paragraph 73(a) or (b) or 74(1)(a), (b) or (c) or subsection 76(1) of that Act, have granted, under section 73, 74 or 76 of that Act, an abatement or refund of all or part of the duties paid on the goods,

Marginal note:1997, c. 10, s. 41.1(1); 1999, c. 17, par. 155(d)

106. Subsection 216(5) of the Act is replaced by the following:

  • Marginal note:Application of Part IX and Tax Court of Canada Act

    (5) The provisions of this Part and of the Tax Court of Canada Act that apply to an appeal taken under section 302 apply, with such modifications as the circumstances require, to an appeal taken under subsection 67(1) of the Customs Act from a decision of the President of the Canada Border Services Agency made under section 60 or 61 of that Act in a determination of the tax status of goods as if the decision of the President were a confirmation of an assessment or a reassessment made by the Minister under subsection 301(3) or (4) as a consequence of a notice of objection filed under subsection 301(1.1) by the person to whom the President is required to give notice under section 60 or 61 of the Customs Act, as the case may be, of the decision.

Marginal note:1990, c. 45, s. 12(1); 1999, c. 17, s. 154, par. 156(j)

107. Subsections 335(6) to (8) of the Act are replaced by the following:

  • Marginal note:Proof of documents

    (5.1) An affidavit of an officer of the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that a document annexed to the affidavit is a document or a true copy of a document, or a printout of an electronic document, made by or on behalf of the Solicitor General of Canada or a person exercising the powers of that Minister or by or on behalf of a person, is evidence of the nature and contents of the document.

  • Marginal note:Proof of no appeal

    (6) An affidavit of an officer of the Agency or the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and has knowledge of the practice of the Agency or the Canada Border Services Agency, as the case may be, and that an examination of the records shows that a notice of assessment was mailed or otherwise sent to a person on a particular day under this Part and that, after careful examination and search of the records, the officer has been unable to find that a notice of objection or of appeal from the assessment, as the case may be, was received within the time allowed, is evidence of the statements contained in the affidavit.

  • Marginal note:Presumption

    (7) Where evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Agency or the Canada Border Services Agency, as the case may be, it is not necessary to prove the signature of the person or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn.

  • Marginal note:Proof of documents

    (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Part over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Part, shall be deemed to be a document signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner or the officer, unless it has been called in question by the Minister or a person acting for the Minister or for Her Majesty in right of Canada.

  • Marginal note:Proof of documents

    (8.1) Every document purporting to have been executed under or in the course of the administration or enforcement of this Part over the name in writing of the Solicitor General of Canada or the President of the Canada Border Services Agency, or an officer authorized to exercise the powers or perform the duties of that Minister under this Part, shall be deemed to be a document signed, made and issued by that Minister, the President or the officer, unless it has been called in question by that Minister or a person acting for that Minister or for Her Majesty in right of Canada.

Marginal note:1992, c. 28, s. 41(1)

108. Section 1 of Part X of Schedule VI to the Act is replaced by the following:

1. A supply made by Canada Post Corporation of a service under an agreement made with the Solicitor General of Canada under subsection 147.1(3) of the Customs Act.

Marginal note:1997, c. 10, s. 254

109. Section 4 of Part I of Schedule X to the Act is replaced by the following:

4. Arms, military stores and munitions of war brought into a participating province by the Government of Canada in replacement of or in anticipation or actual exchange for similar goods loaned to or exchanged or to be exchanged with the governments of a foreign country designated by the Governor in Council under heading No. 98.10 of Schedule I to the Customs Tariff, under such regulations as the Solicitor General of Canada may make for purposes of heading No. 98.11 of that Act.

Marginal note:1997, c. 10, s. 254

110. Section 6 of Part I of Schedule X to the Act is replaced by the following:

6. Property, (other than advertising matter, tobacco or an alcoholic beverage) that is a casual donation sent by a person in a non-participating province to a person in a participating province, or brought into a particular participating province by a person who is not resident in the participating provinces as a gift to a person in that participating province, where the fair market value of the property does not exceed $60, under such regulations as the Solicitor General of Canada may make for purposes of heading No. 98.16 of Schedule I to the Customs Tariff.

R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act

Marginal note:1999, c. 31, s. 9(F)

111. Section 15 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:

Marginal note:Information banks that may be searched

15. The information banks that may be searched under this Part are the information banks designated by the regulations from among the information banks controlled by the Department of Human Resources Development, the Canada Revenue Agency and the Canada Employment Insurance Commission.

R.S., c. F-9Feeds Act

Marginal note:1997, c. 6, s. 46

112. Subsection 6(2) of the Feeds Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

R.S., c. F-10Fertilizers Act

Marginal note:1997, c. 6, s. 49

113. Subsection 6(2) of the Fertilizers Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

R.S., c. F-11Financial Administration Act

Marginal note:SOR/2003-431

114. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

  • Canada Border Services Agency

    Agence des services frontaliers du Canada

and the corresponding reference in column II to the Appropriate Minister for that Agency.

115. Schedule II to the Act is amended by adding the following in alphabetical order:

  • Canada Border Services Agency

    Agence des services frontaliers du Canada

R.S., c. F-12Fish Inspection Act

Marginal note:1997, c. 6, s. 60

116. Subsection 17(2) of the Fish Inspection Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 4(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

1990, c. 21Health of Animals Act

Marginal note:1997, c. 6, s. 68

117. Subsection 32(2) of the Health of Animals Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

2001, c. 27Immigration and Refugee Protection Act

118. Section 4 of the Immigration and Refugee Protection Act is replaced by the following:

Marginal note:Minister of Citizenship and Immigration

  • 4. (1) Subject to subsection (2), the Minister of Citizenship and Immigration is responsible for the administration of this Act.

  • Marginal note:Solicitor General of Canada

    (2) The Minister as defined in section 2 of the Canada Border Services Agency Act is responsible for the administration of this Act as it relates to

    • (a) examinations at ports of entry;

    • (b) the enforcement of this Act, including arrest, detention and removal;

    • (c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or

    • (d) determinations under any of subsections 34(2), 35(2) and 37(2).

  • Marginal note:Specification

    (3) Subject to subsections (1) and (2), the Governor in Council may specify

    • (a) which Minister referred to in subsections (1) and (2) shall be the Minister for the purposes of any provision of this Act; and

    • (b) that both Ministers may be the Minister for the purposes of any provision of this Act and the circumstances under which each Minister shall be the Minister.

  • Marginal note:Publication

    (4) Any order made under subsection (3) must be published in Part II of the Canada Gazette.

Marginal note:2004, c. 15, s. 72

  • 119. (1) Paragraphs 150.1(1)(a) and (b) of the Act are replaced by the following:

  • Marginal note:2004, c. 15, s. 72

    (2) Subsection 150.1(2) of the Act is replaced by the following:

    • Marginal note:Conditions

      (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

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