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

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Act current to 2020-05-04 and last amended on 2019-12-18. Previous Versions

Marginal note:Accounting and payment of duties

  •  (1) Subject to subsections (2) and (4) and any regulations made under subsection (6), and to section 33, no goods shall be released until

    • (a) they have been accounted for by the importer or owner thereof in the prescribed manner and, where they are to be accounted for in writing, in the prescribed form containing the prescribed information; and

    • (b) all duties thereon have been paid.

  • Marginal note:Release prior to accounting

    (2) In prescribed circumstances and under prescribed conditions, goods may be released prior to the accounting required under subsection (1) if

    • (a) the importer or owner of the goods makes an interim accounting in the prescribed manner and form and containing the prescribed information, or in the form and containing the information that is satisfactory to the Minister; or

    • (b) the goods have been authorized by an officer or by any prescribed means for delivery to, and have been received at, the place of business of the importer, owner or consignee of the goods.

  • Marginal note:Accounting after release

    (3) If goods are released under subsection (2), they shall be accounted for within the prescribed time and in the manner described in paragraph (1)(a) by, in the case of goods to which paragraph (2)(a) applies, the person who made the interim accounting under that paragraph in respect of the goods and, in the case of goods to which paragraph (2)(b) applies, by the importer or owner of the goods.

  • Marginal note:Release of goods

    (4) In such circumstances, and under such conditions, as may be prescribed, goods imported by courier or as mail may be released prior to the accounting required under subsection (1) and prior to the payment of duties thereon.

  • Marginal note:Accounting and payment of duties

    (5) Where goods are released under subsection (4),

    • (a) the person who is authorized under paragraph (6)(a) or subsection (7) to account for the goods shall, within the prescribed time, account for the goods in the manner described in paragraph (1)(a) and that person or the importer or owner of the goods shall, within the prescribed time, pay duties on the goods, or

    • (b) where there is no person authorized under paragraph (6)(a) or subsection (7) to account for the goods, the importer or owner of the goods shall, within the prescribed time, account for the goods in the manner described in paragraph (1)(a) and shall, within the prescribed time, pay duties on the goods.

  • Marginal note:Deemed accounting

    (5.1) Except in prescribed circumstances, where the importer or owner of mail that has been released as mail under subsection (4) takes delivery of the mail, the mail shall be deemed to have been accounted for under subsection (5) at the time of its release.

  • Marginal note:Regulations

    (6) The Governor in Council may make regulations

    • (a) specifying persons or classes of persons who are authorized to account for goods under this section in lieu of the importer or owner thereof and prescribing the circumstances in which and the conditions under which such persons or classes of persons are so authorized; and

    • (b) prescribing the circumstances in which goods may be released without any requirement of accounting.

  • Marginal note:Authorization to account

    (7) The Minister or an officer designated by the President for the purposes of this subsection may authorize any person not resident in Canada to account for goods under this section, in such circumstances and under such conditions as may be prescribed, in lieu of the importer or owner of those goods.

  • R.S., 1985, c. 1 (2nd Supp.), s. 32
  • 1992, c. 28, s. 5
  • 1995, c. 41, s. 8
  • 2001, c. 25, s. 21
  • 2005, c. 38, s. 63
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