Reporting of Imported Goods Regulations (SOR/86-873)

21 The carrier shall give the Agency the information at least two hours before the rail conveyance arrives in Canada.

Freight Forwarder

21.1 If one or more shipments for which a freight forwarder is responsible will be transported to Canada by a rail conveyance, the freight forwarder is required under subsection 12.1(1) of the Act to give the Agency, for each shipment, the information set out in Part 4 of Schedule 2.

21.2 The freight forwarder shall give the Agency the information at least two hours before the rail conveyance arrives in Canada.

Information Required — Other Circumstances

• 22 (1) If a marine pleasure craft will arrive in Canada with no specified goods on board and the person in charge of the marine pleasure craft is authorized to present themselves in the alternative manner described in paragraph 11(e) of the Presentation of Persons (2003) Regulations, that person is required under subsection 12.1(1) of the Act to give the Agency the time and place at which the marine pleasure craft is scheduled to land following arrival in Canada and a description of all of the goods carried on board, including their value and quantity.

• (2) The person in charge of the marine pleasure craft shall give the information by telephone to an officer at a designated customs office at least 30 minutes but no more than four hours before the marine pleasure craft arrives in Canada.

• (3) The person in charge of the marine pleasure craft shall, before it arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change, and explain the circumstances, by telephone when the marine pleasure craft arrives in Canada.

• 23 (1) If a corporate aircraft or private aircraft will arrive in Canada with no specified goods on board and the person in charge of the aircraft is authorized to present themselves in an alternative manner described in paragraph 11(b) or (c) of the Presentation of Persons (2003) Regulations, that person is required under subsection 12.1(1) of the Act to give the Agency the time and place at which the aircraft is scheduled to land following arrival in Canada and a description of all of the goods carried on board, including their value and quantity.

• (2) The person in charge of the aircraft shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the aircraft arrives in Canada.

• (3) The person in charge of the aircraft shall, before it arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change, and explain the circumstances, by telephone when the aircraft arrives in Canada.

• 24 (1) If a highway conveyance that is ordinarily used to transport specified goods to or from Canada will arrive in Canada with no specified goods on board, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency the information set out in Part 3 of Schedule 1.

• (2) Despite subsection (1), the carrier is not required to give the information if

  • (a) the conveyance is a tractor that is not towing a trailer; or

  • (b) the carrier is a CSA carrier and the person in charge of the conveyance is a commercial driver who holds an authorization under section 6.2 or 6.21 of the Presentation of Persons (2003) Regulations.

• (3) The carrier shall give the information at least one hour before the highway conveyance arrives in Canada.

• 25 (1) If a rail conveyance that is ordinarily used to transport specified goods to or from Canada will arrive in Canada with no specified goods on board and either with no rail car or with all of its rail cars empty, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency the information set out in Part 4 of Schedule 1.

• (2) The carrier shall give the information at least two hours before the rail conveyance arrives in Canada.

• 26 (1) If a rail conveyance that is ordinarily used to transport specified goods to or from Canada will arrive in Canada, a crew member on board the conveyance who will have goods in their actual possession or that form part of their baggage on arrival in Canada is required under subsection 12.1(1) of the Act to give the Agency the time and place at which the conveyance is scheduled to arrive in Canada.

• (2) The crew member shall give the information by radio or telephone to the chief officer of customs at the place at which the rail conveyance is scheduled to arrive in Canada at least two hours before it arrives.

• 27 (1) If a vessel, aircraft or rail conveyance is or will be used to transport 30 or more persons to Canada other than on a regular schedule or predetermined charter schedule, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency the following information:

  • (a) in the case of a vessel, the time and place at which it is scheduled to land following arrival in Canada;

  • (b) in the case of an aircraft, the time and place at which it is scheduled to land following arrival in Canada; and

  • (c) in the case of a rail conveyance, the time and place at which it is scheduled to arrive in Canada.

• (2) Despite paragraphs (1)(a) and (b), the carrier is not required to give the information when the person in charge of the conveyance is required to give it in the circumstances set out in subsection 22(1) or 23(1).

• (3) The carrier shall give the information in writing to the chief officer of customs at the place referred to in paragraph (1)(a), (b) or (c), as the case may be, at least 72 hours before the conveyance arrives in Canada.

General Provision Regarding Time for Giving Information Before Arrival

28 For greater certainty, nothing in any of sections 13 to 27 permits a person to give information to the Agency under subsection 12.1(1) of the Act on or after the arrival of the conveyance in Canada.

Manner of Giving Information Before Arrival

29 A person that is required to give information to the Agency under subsection 12.1(1) of the Act in the circumstances set out in section 13, 15.2, 16, 17.1, 18, 19.1, 20, 21.1, 24 or 25 shall give the Agency the information by electronic means in accordance with the technical requirements, specifications and procedures that are set out in the Electronic Commerce Client Requirements Document.

Corrections

30 A person that gives information to the Agency under subsection 12.1(1) of the Act in the circumstances set out in section 13, 15.2, 16, 17.1, 18, 19.1, 20, 21.1, 24 or 25 shall, if they become aware that the information is inaccurate or incomplete, notify the Agency without delay by electronic means of a change to that information.

Carrier Code

31 The requirements and conditions that are to be met before the Minister may issue a carrier code are the following:

• (a) if the application is for a carrier code that would be held by the applicant as a carrier in connection with a mode of conveyance,

  • (i) the applicant does not already hold a carrier code as a carrier in connection with that mode of conveyance,

  • (ii) if a carrier code previously held by the applicant as a carrier in connection with that mode of conveyance was cancelled, the matter that gave rise to the cancellation has been corrected, and

  • (iii) the applicant expects to operate at least one conveyance of that mode that would ordinarily be used to transport specified goods to or from Canada; and

• (b) if the application is for a carrier code that would be held by the applicant as a freight forwarder,

  • (i) the applicant does not already hold a carrier code as a freight forwarder,

  • (ii) if a carrier code previously held by the applicant as a freight forwarder was cancelled, the matter that gave rise to the cancellation has been corrected, and

  • (iii) the applicant expects to cause specified goods to be transported to Canada.

32 A person that holds a carrier code shall notify the Agency without delay of

• (a) a change to the information that is given in the application for the carrier code;

• (b) a merger or amalgamation with another person that holds a carrier code; or

• (c) the cessation of a business activity to which the carrier code relates.

• 33 (1) The circumstances in which the Minister may suspend a carrier code held by a person are the following:

  • (a) the person contravenes

    • (i) a provision of a federal Act or regulation if the provision relates to the importation or exportation of goods,

    • (ii) the Immigration and Refugee Protection Act or a regulation made under it, or

    • (iii) the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or a regulation made under it;

  • (b) the person fails to pay an amount that is payable under the Act; or

  • (c) the person provided false or misleading information in the application for the carrier code.

• (2) The Minister shall notify the person that holds the carrier code without delay and in writing of the suspension of the carrier code, the period during which the suspension applies and the reasons for the suspension.

• (3) The person may make representations to the Minister within the period of suspension as to why the carrier code should be reinstated.

• (4) The Minister may reinstate a carrier code that is suspended under subsection 12.1(5) of the Act only if the matter that gave rise to the suspension has been corrected during the period of suspension.

• 34 (1) The circumstances in which the Minister may cancel a carrier code held by a person are the following:

  • (a) the matter that gave rise to a suspension has not been corrected within the period of suspension;

  • (b) the person has ceased all business activities to which the carrier code relates;

  • (c) the person holds more than one carrier code as a carrier in connection with a particular mode of conveyance;

  • (d) the person holds more than one carrier code as a freight forwarder;

  • (e) the carrier code was issued before the coming into force of subsection 12.1(4) of the Act and the person holds it in a capacity other than that of a carrier or a freight forwarder, such as an agent or a person in charge of a conveyance; or

  • (f) the person requests the cancellation.

• (2) Before cancelling a carrier code, the Minister shall send written notice of the proposed cancellation and the reasons for it to the last known address of the person that holds the carrier code and, unless the carrier code is being cancelled in the circumstances set out in paragraph (1)(e) or (f), shall give the person the opportunity to make representations in writing as to why the carrier code should not be cancelled.

• (3) The cancellation of a carrier code is not effective until the earlier of

  • (a) 30 days after the day on which the person that holds the carrier code receives the notice, and

  • (b) 45 days after the day on which the notice is sent.

35 The following persons are exempted from holding a valid carrier code:

• (a) a person in charge of a marine pleasure craft in the circumstances set out either in subsection 22(1) or in subsection 17(1) of the Presentation of Persons (2003) Regulations;

• (b) a person in charge of a corporate aircraft or private aircraft in the circumstances set out either in subsection 23(1) or in subsection 15(1) of the Presentation of Persons (2003) Regulations;

• (c) a crew member of a rail conveyance that is ordinarily used to transport specified goods to or from Canada in the circumstances set out in subsection 26(1);

• (d) a carrier that operates a vessel, aircraft or rail conveyance in the circumstances set out in subsection 27(1); and

• (e) a person in charge of a non-commercial passenger conveyance in the circumstances set out in subsection 4(1) of the Presentation of Persons (2003) Regulations.