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Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))

Full Document:  

Act current to 2019-07-29 and last amended on 2019-06-22. Previous Versions

PART IGeneral

Application to Her Majesty

Marginal note:Duties binding on Her Majesty

  •  (1) All duties or taxes levied on imported goods under the Customs Tariff, the Excise Act, 2001, the Excise Tax Act, the Special Import Measures Act or any other law relating to customs are binding on Her Majesty in right of Canada or a province in respect of any goods imported by or on behalf of Her Majesty.

  • Marginal note:Act binding on Her Majesty

    (2) Subject to subsection (3), this Act is binding on Her Majesty in right of Canada or a province.

  • Marginal note:Exemption

    (3) The Governor in Council may by regulation exempt Her Majesty in any case or class of cases from the requirement to report under section 12 or 95 subject to such conditions as may be prescribed.

  • R.S., 1985, c. 1 (2nd Supp.), s. 3
  • 2002, c. 22, s. 329

Penalty and Interest

Marginal note:Interest to be compounded

 Interest shall be computed at a prescribed rate or at a specified rate and compounded daily and, if interest is computed in respect of an amount under a provision of this Act and is unpaid on the day it would, but for this section, have ceased to be computed under that provision, interest at the specified rate shall be computed and compounded daily on that unpaid interest from that day to the day it is paid and shall be paid as that provision required the amount to be paid.

  • 1992, c. 28, s. 2
  • 2001, c. 25, s. 2

Marginal note:Prescribed rate may be authorized

 Where a person is required under a provision of this Act to pay interest on an amount at the specified rate, the person shall, where the Minister or any officer designated by the Minister for the purposes of this section so authorizes, pay interest on that amount under that provision at the prescribed rate rather than at the specified rate.

  • 1992, c. 28, s. 2

Marginal note:Waiver of penalty or interest

  •  (1) Except with respect to the collection of any debt due to Her Majesty under Part V.1, the Minister or any officer designated by the President for the purposes of this section may at any time waive or cancel all or any portion of any penalty or interest otherwise payable by a person under this Act.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply if measures may be taken under section 127.1, a request under section 129 is made or the time for making a request set out in that section has not expired.

  • Marginal note:Interest on penalty or interest refunded

    (2) Where, as a result of a waiver or cancellation under subsection (1), a person is given a refund of an amount of penalty or interest that was paid by the person, the person shall be given, in addition to the refund, interest at the prescribed rate for the period beginning on the first day after the day the amount was paid and ending on the day the refund is given, calculated on the amount of the refund.

  • 1992, c. 28, s. 2
  • 1995, c. 41, s. 2
  • 2001, c. 25, s. 3
  • 2005, c. 38, s. 61

Security

Marginal note:Additional security

  •  (1) Where security has been given to the Minister by a person under a provision of this Act and the Minister or any officer (in this section referred to as a “designated officer”) designated by the President for the purposes of this section determines that the security that has been given is no longer adequate, the Minister or a designated officer may, by notice served personally or by registered or certified mail, require additional security to be given by or on behalf of the person within such reasonable time as may be stipulated in the notice.

  • Marginal note:Payment where additional security not given

    (2) Where the additional security required to be given by or on behalf of a person under subsection (1) is not given within the time it is so required to be given, the amount by which

    • (a) the amount owing in respect of which security that has been given to the Minister by the person is no longer adequate

    exceeds

    • (b) the value of the security that has been given to the Minister by the person, as determined by the Minister or a designated officer,

    is payable by the person immediately.

  • 1992, c. 28, s. 2
  • 2005, c. 38, s. 62

Payment of Large Amounts

Marginal note:Where excess amount to be paid

 Except in the circumstances that the Minister may specify, every person who makes a payment of any amount under this Act shall, if the amount exceeds the amount specified by the Minister, make the payment to the account of the Receiver General in the prescribed manner and within the prescribed time at

  • (a) a bank;

  • (b) a credit union;

  • (c) a corporation authorized by an Act of Parliament or of the legislature of a province to carry on the business of offering its services as a trustee to the public; or

  • (d) a corporation authorized by an Act of Parliament or of the legislature of a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or of investing in mortgages or hypothecary claims on immovables.

  • 2001, c. 25, s. 4

Performance of Obligations

Marginal note:Performance of obligations

 Where more than one person is responsible for the performance of any obligation under this Act, performance of the obligation by any one of them shall be deemed to be performance by all of them.

Marginal note:Undertakings

 In the case of goods to which paragraph 32(2)(b) applies, the Minister may accept from an importer or transporter an undertaking to assume obligations in relation to compliance with this Act and the regulations.

  • 2001, c. 25, s. 5

Customs Offices and Facilities

Marginal note:Customs offices

 The Minister may designate customs offices inside or outside Canada for a specified purpose or generally for business relating to customs and may at any time amend, cancel or reinstate any such designation.

Marginal note:Customs facilities

  •  (1) The owner or operator of

    • (a) any international bridge or tunnel, for the use of which a toll or other charge is payable,

    • (b) any railway operating internationally, or

    • (c) any airport, wharf or dock that receives conveyances operating internationally and in respect of which a customs office has been designated under section 5

    shall provide, equip and maintain free of charge to Her Majesty at or near the bridge, tunnel, railway, airport, wharf or dock adequate buildings, accommodation or other facilities for the proper detention and examination of imported goods or for the proper search of persons by customs officers.

  • Marginal note:Clarification

    (1.1) For the purposes of subsection (1), maintain means, in addition to performing general maintenance, paying all costs related to the operation of the buildings, accommodation and other facilities, including electricity, lighting, ventilation, heating, cooling, water supply, sewage treatment, fire protection, snow removal and cleaning.

  • Marginal note:Retroactive effect

    (1.2) Subsection (1.1) has retroactive effect to the day on which subsection (1) came into force and applies in respect of any action or judicial proceeding that is pending on the day on which this subsection comes into force.

  • Marginal note:Rights of Minister

    (2) The Minister may

    • (a) make such improvements as the Minister considers desirable to any facilities provided pursuant to subsection (1),

    • (b) post, on or about such facilities, such signs as the Minister considers appropriate for the safe use of the facilities or for the enforcement of any law relating to the importation or exportation of goods or the international movement of persons, and

    • (c) continue to use such facilities for as long a period of time as the Minister requires,

    and no person shall interfere with any of the rights set out in this subsection.

  • Marginal note:Regulations

    (3) The Governor in Council may, subject to subsection (4), make regulations determining what are adequate buildings, accommodation and other facilities for the purposes referred to in subsection (1).

  • Marginal note:Retroactive effect of regulations

    (3.1) A regulation made under subsection (3) may, if it so provides, have retroactive effect and apply in respect of any pending action or judicial proceeding.

  • Marginal note:Canada Labour Code

    (4) Any building, accommodation or other facility provided for the purposes referred to in subsection (1) that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed not to be adequate for those purposes.

  • Marginal note:Powers of Minister

    (5) Where any building, accommodation or other facility provided pursuant to subsection (1) at or near an international bridge or tunnel is not adequate for the purposes referred to in that subsection, the Minister may, on thirty days notice to the owner or operator of the bridge or tunnel, carry out any construction or repairs on the site of the facility in order to render it adequate for those purposes.

  • Marginal note:Liability for costs

    (6) The owner or operator of an international bridge or tunnel is liable for all reasonable costs incurred by the Minister under subsection (5), which costs may be recovered in accordance with sections 143 to 145.

  • R.S., 1985, c. 1 (2nd Supp.), s. 6, c. 26 (3rd Supp.), s. 1
  • 2012, c. 31, s. 265
 
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