Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-22. Previous Versions

PART IIImportation (continued)

Persons (continued)

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the persons or classes of persons who may be granted access under paragraph 11.3(1)(b); and

  • (b) respecting the manner in which a person must present himself or herself under paragraphs 11.4(1)(a) and (1.1)(a) and report goods under paragraph 11.4(1)(b).

  • (c) to (e) [Repealed, 2009, c. 10, s. 4]

  • 2001, c. 25, s. 11
  • 2009, c. 10, s. 4

Marginal note:Designation of mixed-traffic corridor

  •  (1) If the Minister considers that it is necessary in the public interest, he or she may designate as a mixed-traffic corridor a portion of a roadway or other access way that

    • (a) leads from an international border to a customs office designated under section 5; and

    • (b) is used by persons arriving in Canada and by persons travelling within Canada.

  • Marginal note:Amendment, etc., of designation

    (2) The Minister may amend, cancel or reinstate at any time a designation made under this section.

  • 2012, c. 19, s. 481

Marginal note:Person travelling in mixed-traffic corridor

 Every person who is travelling in a mixed-traffic corridor shall present themselves to an officer at the nearest customs office and state whether they are arriving from a location outside or within Canada.

  • 2012, c. 19, s. 481

Report of Goods

Marginal note:Report

  •  (1) Subject to this section, all goods that are imported shall, except in such circumstances and subject to such conditions as may be prescribed, be reported at the nearest customs office designated for that purpose that is open for business.

  • Marginal note:Time and manner of report

    (2) Goods shall be reported under subsection (1) at such time and in such manner as the Governor in Council may prescribe.

  • Marginal note:Who reports

    (3) Goods shall be reported under subsection (1)

    • (a) in the case of goods in the actual possession of a person arriving in Canada, or that form part of the person’s baggage where the person and the person’s baggage are being carried on board the same conveyance, by that person or, in prescribed circumstances, by the person in charge of the conveyance;

    • (a.1) in the case of goods imported by courier or as mail, by the person who exported the goods to Canada;

    • (b) in the case of goods, other than goods referred to in paragraph (a) or goods imported as mail, on board a conveyance arriving in Canada, by the person in charge of the conveyance; and

    • (c) in any other case, by the person on behalf of whom the goods are imported.

  • Marginal note:Goods returned to Canada

    (3.1) For greater certainty, for the purposes of the reporting of goods under subsection (1), the return of goods to Canada after they are taken out of Canada is an importation of those goods.

  • Marginal note:Where goods are reported outside Canada

    (4) Subsection (1) does not apply in respect of goods that are reported in the manner prescribed under subsection (2) prior to importation at a customs office outside Canada unless an officer requires that the goods be reported again under subsection (1) after importation.

  • Marginal note:Exception — entry and departure

    (5) Subject to the regulations, unless an officer otherwise requires, this section does not apply in respect of goods on board a conveyance

    • (a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as

      • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

      • (ii) in the case of an aircraft, the conveyance did not land while in Canada; or

    • (b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as

      • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

      • (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

  • Marginal note:Written report

    (6) Where goods are required by the regulations to be reported under subsection (1) in writing, they shall be reported in the prescribed form containing the prescribed information, or in such form containing such information as is satisfactory to the Minister.

  • Marginal note:Certain goods not subject to seizure

    (7) Goods described in tariff item No. 9813.00.00 or 9814.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff

    • (a) that are in the actual possession of a person arriving in Canada, or that form part of his baggage, where the person and his baggage are being carried on board the same conveyance,

    • (b) that are not charged with duties, and

    • (c) the importation of which is not prohibited under the Customs Tariff or prohibited, controlled or regulated under any Act of Parliament other than this Act or the Customs Tariff

    may not be seized as forfeit under this Act by reason only that they were not reported under this section.

  • R.S., 1985, c. 1 (2nd Supp.), s. 12, c. 41 (3rd Supp.), s. 119
  • 1992, c. 28, s. 3
  • 1996, c. 31, s. 75
  • 1997, c. 36, s. 149
  • 2001, c. 25, s. 12
  • 2015, c. 3, s. 60(F)
  • 2017, c. 11, s. 3

Marginal note:Regulations

 The Governor in Council may make regulations for the purposes of sections 11 and 12, including regulations

  • (a) prescribing the circumstances under which persons, goods or classes thereof on board a conveyance, or classes thereof, are required to present themselves or to be reported, as the case may be, despite subsection 11(5) or 12(5); or

  • (b) defining the expression “make contact with another conveyance” for the purposes of subsections 11(5) and 12(5) and prescribing the circumstances under which a conveyance or a class thereof makes contact with another conveyance.

  • 2017, c. 11, s. 4

Marginal note:Advance information

  •  (1) Before the arrival of a conveyance in Canada, the owner or person in charge of a conveyance who is prescribed or any other prescribed person shall give the Agency prescribed information about the conveyance and the persons and goods on board or expected to be on board the conveyance.

  • Marginal note:Exemption

    (2) A person who is required to provide information under subsection (1) shall hold a valid carrier code unless they are exempt.

  • Marginal note:Carrier code — requirements

    (3) An application for a carrier code shall be made in the prescribed form with the prescribed information.

  • Marginal note:Carrier code — issuance

    (4) The Minister shall issue a carrier code to a person who applies for it if the application meets the requirements referred to in subsection (3) and the Minister is satisfied that the prescribed requirements and conditions for the carrier code to be issued have been met.

  • Marginal note:Carrier code — suspension, cancellation and reinstatement

    (5) The Minister may, subject to the regulations, suspend, cancel or reinstate a carrier code.

  • Marginal note:Notification

    (6) The Minister may issue a notification to any person who provides information under subsection (1) to require the person to take any specified measure with respect to the information.

  • Marginal note:Obligation to comply

    (7) The person to whom a notification is issued shall comply with the notification.

  • Marginal note:Regulations

    (8) The Governor in Council may make regulations for the purposes of this section, including regulations

    • (a) respecting the information that must be given under subsection (1);

    • (b) prescribing the persons or classes of persons who must give the information under subsection (1);

    • (c) respecting the circumstances in which the information must be given under subsection (1);

    • (d) respecting the time within which and the manner in which the information must be given under subsection (1);

    • (e) regarding the requirements and conditions that are to be met before a carrier code may be issued;

    • (f) regarding the persons or classes of persons who are exempt from holding a valid carrier code; and

    • (g) regarding the manner and circumstances in which a carrier code may be suspended, cancelled or reinstated.

  • 2009, c. 10, s. 6
  • 2012, c. 31, s. 266
 
Date modified: