Regulations Respecting the Transportation Of Goods
P.C. 1986-2484 1986-11-06
Whereas, pursuant to subsection 164(3) of the Customs ActFootnote *, a copy of proposed Regulations respecting the transportation of goods, substantially in the form annexed hereto, was published in the Canada Gazette Part I, on March 15, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of National Revenue with respect thereto;
Return to footnote *S.C. 1986, c. 1
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to sections 20 and 22, paragraph 164(1)(i) and section 166 of the Customs ActFootnote *, is pleased hereby to make the annexed Regulations respecting the transportation of goods, effective on the day that sections 20 and 22, paragraph 164(1)(i) and section 166 of the Customs ActFootnote * come into force.
2 In these Regulations,
Act means the Customs Act; (Loi)
- chief officer of customs
chief officer of customs, with respect to an area or place, means the manager of the customs office or customs offices that serve that area or place. (agent en chef des douanes)
- commercial goods
commercial goods[Repealed, SOR/2006-156, s. 1]
- CSA carrier
CSA carrier has the same meaning as in section 2 of the Accounting for Imported Goods and Payment of Duties Regulations. (transporteur PAD)
- eligible goods
eligible goods has the same meaning as in section 2 of the Accounting for Imported Goods and Payment of Duties Regulations. (marchandises admissibles)
- SOR/2005-389, s. 1
- SOR/2006-156, s. 1
Conditions Under Which Goods May Be Transported
(a) the person submits an application in the prescribed form for permission to transport the goods to the chief officer of customs for the area or place in which the transportation of the goods is to begin or, where the person proposes to transport such goods or cause such goods to be transported on a regular basis, to the President;
(b) the person deposits the security required by subsection 6(1) with the chief officer of customs or the President, as the case may be;
(c) the person receives permission to transport the goods from the chief officer of customs or the President, as the case may be;
(d) the person presents a description of the goods in the prescribed form to an officer; and
(e) the conveyance or container or part thereof that contains the goods is sealed with a seal issued or approved by the President except where
(2) Every person who transports or causes to be transported within Canada goods that have been imported but have not been released shall notify the consignee in the prescribed form of the arrival of the goods.
(3) Subsection (1) does not apply to the transportation of goods within Canada prior to the time the goods are required to be reported under section 12 of the Act and under the Reporting of Imported Goods Regulations made pursuant thereto.
- SOR/2006-156, s. 7
(a) a seal is damaged or broken,
(b) a container or conveyance is damaged or disabled and to preserve the goods they must be removed therefrom, or
(c) a conveyance is damaged or disabled and can no longer be used to transport the goods,
the person transporting the goods shall forthwith report the accident or event, as the case may be, to the chief officer of customs for the area or place in which the accident or event occurred or the damage, break or disablement was discovered or to the nearest detachment of the Royal Canadian Mounted Police.
(2) In any case described in paragraph (1)(b) or (c), the goods being transported shall not be transferred to another conveyance or container unless
(a) the person who transports the transferred goods or who causes those goods to be transported complies with the requirements of these Regulations; and
(b) in the case of goods transferred from a conveyance or container that is sealed,
- SOR/2006-156, s. 7
Conditions Under Which Goods May Be Delivered Prior To Release
4.1 For the purposes of subsection 19(1.1) of the Act, the prescribed conditions under which a person may be authorized to deliver or cause goods to be delivered to the place of business of the importer, owner or consignee are as follows:
(a) the goods have been reported under section 12 of the Act;
(b) the goods are eligible goods; and
(c) the prescribed conditions set out in section 10.2 of the Accounting for Imported Goods and Payment of Duties Regulations relating to the release of eligible goods under paragraph 32(2)(b) of the Act have been met.
- SOR/2005-389, s. 2
- SOR/2006-156, ss. 2, 6
Liability of Transporter for Duties
5 The prescribed time for proving any of the events described in paragraphs 20(2)(a) to (e) or 20(2.1)(a) to (e) of the Act is 70 days from the earlier of
(a) the day on which the goods were reported, and
(b) the day that the goods were required to be reported under section 12 of the Act.
- SOR/2006-156, s. 4
5.1 [Repealed, SOR/2006-156, s. 4]
6 (1) Every person who transports or causes to be transported within Canada goods that have been imported but have not been released shall give security to secure his compliance with the requirements of the Act and the regulations respecting the transportation of the goods.
(2) The security given under subsection (1) shall be in the form of
(b) a certified cheque;
(c) a transferable bond issued by the Government of Canada; or
(d) a bond issued by
(i) a company that is registered and holds a certificate of registry to carry on the fidelity or surety class of insurance business and that is approved by the President of the Treasury Board as a company whose bonds may be accepted by the Government of Canada,
(ii) a member of the Canadian Payments Association referred to in section 4 of the Canadian Payments Association Act,
(iii) a corporation that accepts deposits insured by the Canada Deposit Insurance Corporation or the Régie de l’assurance-dépôts du Québec to the maximum amounts permitted by the statutes under which those institutions were established,
(v) a corporation that accepts deposits from the public, if repayment of the deposits is guaranteed by Her Majesty in right of a province.
(3) Subject to subsection (4), the security referred to in subsection (1) shall be in an amount equal to the greater of
(4) Where goods are to be transported or caused to be transported by a person on a regular basis, the security referred to in subsection (1) shall be in an amount that is determined by the Minister, but in no case shall the amount of security be less than $5,000.
(5) The Minister may, at any time where the Minister considers it necessary, require a person who transports or causes to be transported goods within Canada to increase the amount of security given under subsection (1) to an amount sufficient to ensure the payment of any duties payable in respect of those goods.
- SOR/88-495, s. 1
- SOR/2001-197, s. 4
- Date modified: