Short Title

1 These Regulations may be cited as the Importation of Periodicals Regulations.

Interpretation

2 In these Regulations,

Department

Department means the Department of National Revenue; (ministère)

Deputy Minister

Deputy Minister means the Deputy Minister of National Revenue for Customs and Excise or such Assistant Deputy Minister of National Revenue for Customs and Excise as is designated by the Deputy Minister to act on his behalf for the purposes of these Regulations; (sous-ministre)

issue

issue has the same meaning as in tariff item No. 9897.00.00; (numéro)

periodical

periodical has the same meaning as in tariff item No. 9897.00.00; (périodique)

Procedure

3 Where, upon examination of an issue of a periodical, an officer of the Department designated by the Deputy Minister for the purpose is of the opinion that the issue is

• (a) an issue of a special edition, including a split-run or regional edition, that contained an advertisement that was primarily directed to a market in Canada and that did not appear in identical form in all editions of that issue of that periodical that were distributed in the country of origin, or

• (b) an issue, more than five per cent of the advertising space in which consisted of space used for advertisements that indicated specific sources of availability in Canada, or specific terms or conditions relating to the sale or provision in Canada, of any goods or services, except where the indication of such sources of availability or such terms or conditions was primarily directed to persons outside Canada,

he shall forthwith advise the Deputy Minister of his opinion.

4 On being advised of the opinion of an officer of the Department pursuant to section 3, the Deputy Minister shall examine the issue of a periodical to which the opinion relates, and where, in the Deputy Minister’s opinion, there may be cause to find the issue to be an issue described in paragraph 3(a) or (b), shall direct that notice be sent to the publisher of the issue, pursuant to section 5, giving the publisher an opportunity to make representations to show cause why the issue should not be found to be an issue described in paragraph 3(a) or (b).

5 Notice under section 4 shall be sent to the publisher of an issue of a periodical by telecommunications or a similar electronic mode of communications addressed to the publisher at the address shown in the issue or, if no address is shown, at the last known address of the publisher’s head office or other principal place of business.

6 The Deputy Minister shall consider any representations made by the publisher to whom notice under section 4 has been sent, or made on behalf of the publisher by any person authorized by the publisher to represent the publisher, where such representations, if made in writing, are received by the Deputy Minister or, if made orally in the presence of the Deputy Minister, are made to the Deputy Minister within a period specified in the notice that begins on the day on which the notice under section 4 was sent and ends on

• (a) the seventh day, in the case of a periodical published at intervals of not more than seven days; and

• (b) the fifteenth day, in the case of a periodical published at intervals of eight days or more.

7 Upon the expiration of the time prescribed by section 6 and after considering any representations made as provided in that section within that time, the Deputy Minister may

• (a) confirm the opinion of the officer of the Department and find the issue to which the opinion relates to be an issue described in paragraph 3(a) or (b), as the case may be, or

• (b) reverse the opinion of the officer of the Department and find the issue to which the opinion relates not to be an issue so described,

and upon the making of any such finding the Deputy Minister shall cause notice thereof to be sent to the publisher of the issue in the manner prescribed by section 5.