SOR-2002-336 Designated Provisions (Customs) Regulations

Current to 2024-10-30 · last amended 2024-10-21

Contents

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 109.1(3) a of the Customs Act b, hereby makes the annexed Designated Provisions (Customs) Regulations. S.C. 2001, c. 25, s. 62 R.S., c. 1 (2nd Supp.)

Designation of Provisions

A provision of the Customs Act or the Customs Tariff or a regulation made under any of those Acts that is set out in column 1 of Schedules 1 or 2 is designated for the purpose of subsection 109.1(1) of the Customs Act.

Short-form Descriptions

The short-form descriptions of a designated provision that is set out in column 1 of an item in Schedules 1 or 2 are the descriptions set out in column 2 of that item.

Subject to subsection 109.3(4) of the Customs Act, the applicable short-form description of a designated provision shall be used on a notice of assessment referred to in subsection 109.3(1) of the Customs Act to describe a contravention of the provision.

Coming into Force

These Regulations come into force on the day on which they are registered.

PART 1 Customs Act Item Column 1 Column 2 Designated Provision Short-form Description 1 2(1.3) Failing to keep electronic records in an electronically readable format for prescribed period 2 3.5 When making a payment in excess of a specified amount, failing to make the payment to the account of the Receiver General in prescribed manner and within prescribed time at a specified institution 3 7.1 Providing information to an officer that is not true, accurate and complete 4 9(3) Failing to make available to an officer prescribed records within the specified time 5 9(4) 6 11(1) 7 11(3) Failing to ensure that passengers and crew of conveyance arriving in Canada are forthwith transported to an open customs office that is designated for that purpose 8 12 Failing to report imported goods at prescribed time and in prescribed manner at the nearest open customs office that is designated for that purpose. 8.1 12.1(2) Failing to hold a valid carrier code 8.2 12.1(7) Failing to comply with a notification 9 13(a) Failing to answer truthfully questions asked by an officer with respect to goods 10 13(b) Failing to present goods to an officer or make them available for examination by an officer in manner required 11 14(2) Failing to report forthwith in prescribed manner a conveyance, unloaded goods and any goods remaining on the conveyance at a customs office designated for that purpose 12 15 13 16(2)(a) Failing to report forthwith to an officer delivery of a wreck that has come into Canada 14 to 19[Repealed, SOR/2009-267, s. 1] 20 20(1) Transporting or causing to be transported within Canada imported goods that have not been released without complying with prescribed conditions or giving prescribed security 21 21 22 22(1) 23 25 Refusing to receive qualified goods at sufferance warehouse 24 27 25 31 Removing of goods from specified place that have not been released by an officer or by prescribed means 26 32(3) Failing to account for released goods in prescribed time and manner 27 32(5) 28 32.2(1)(a) Failing to correct, within the 90-day period, a declaration of origin of goods in prescribed manner and form containing prescribed information 29 32.2(1)(b) Failing to pay duties and interest owing as a result of corrected declaration of origin of goods within the 90-day period 30 32.2(2)(a) Failing to correct specified declaration, within the 90-day period, in prescribed form and manner, with prescribed information 31 32.2(2)(b) Failing to pay duties and interest owing as a result of corrected specified declaration within the 90-day period 32 32.3(a) Failing to report to an officer, at the time of their diversion, the diversion of goods that were to be used as ships’ stores 33 32.3(b) Failing to account for, at the time of their diversion, goods that were to be used as ships’ stores in the prescribed manner and form containing prescribed information 34 32.3(c) Failing to pay, at the time of their diversion, the specified amount of duties on goods that were to be used as ships’ stores 35 33(2) Failing to pay duties within prescribed time where goods are released prior to payment of duties 36 35.01 Importing goods not marked in accordance with the regulations under Customs Tariff 37 35.1 Failing to furnish proof of origin of goods in prescribed form, containing prescribed information and containing or accompanied by the prescribed information, statements or proof 38 40(1) 39 40(3) 40 43(2) Failing to comply with Minister’s notice to provide documents 41 80.2(2)(a) Failing to report to an officer a specified failure within 90 days 42 80.2(2)(b) Failing to repay excess amount of abatement or refund granted and interest within the 90-day period 42.1 93(1) Failing to provide exit information in the prescribed circumstances, within the prescribed time and in the prescribed manner 42.2 94 Failing to present oneself to an officer and to answer truthfully any questions asked by an officer 43 95(1) Failing to report exported goods at prescribed time and place and in prescribed manner. 44 95(3)(a) Failing to answer truthfully questions asked by an officer with respect to exported goods 45 95(3)(b) Failing to present goods to be exported to an officer or make them available for examination by an officer in manner required 46 96 Failing to report forthwith to an officer goods that were not duly exported 47 97.1(2) Failing to provide copy of certificate of origin of exported goods to an officer 48 97.1(3) Failing to immediately notify a person of correct information in respect of a certificate of origin of exported goods 49 97.2(1) 50 107.1 Failing to provide prescribed information, within the prescribed time and in the prescribed manner, about a person on board or expected to be on board a conveyance PART 2 Accounting for Imported Goods and Payment of Duties Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 4 Failing to provide at specified time every document and any information required to be provided under an Act of Parliament or its regulations that prohibits, controls or regulates the importation of goods. PART 3 Customs Brokers Licensing Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 14(b)(i) Failing to immediately notify the Minister in writing of a change in the address of a business office at which broker transacts business 2 14(b)(ii) Failing to immediately notify the Minister in writing of a change in the legal or business name of the partnership or corporation 3 14(b)(iii) Failing to immediately notify the Minister in writing of a change in the membership of the partnership 4 14(b)(iv) Failing to immediately notify the Minister in writing of a change in the officers or directors of the corporation 5 14(b)(vi) Failing to immediately notify the Minister in writing of a change in the ownership of the business or corporation 6 14(b)(vii) Failing to immediately notify the Minister in writing of a change in the individuals meeting the specified knowledge requirement 7 14(c) 8 14(d)(i) Failing to promptly account to a client importer or exporter for funds received from the Receiver General for Canada 9 14(d)(ii) Failing to promptly account to a client importer or exporter for funds received in excess of duties or other charges payable to the Agency 10 17(1)(a) Failing to keep records and books of account indicating specified financial transactions 11 17(1)(b) 12 17(1)(c) Failing to keep copies of all specified correspondence, bills, accounts, statements and other papers 13 17(1)(d) Failing to keep separately specified records, books of account and other documents relating to business transacted at a specified customs office PART 4 Customs Sufferance Warehouses Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 11(1)(e) Failing to provide facilities, equipment and personnel sufficient to control access to a sufferance warehouse and to ensure the secure storage of goods stored in it 2 12(1) Failing to ensure goods are stored safely and securely in a designated area 3 12(2) Entering place in sufferance warehouse where goods are stored without written authorization or attendance of an officer 4 12(3)(a) Failing to have procedures to maintain the security of, and restrict access to, the sufferance warehouse 5 12(3)(b) Failing to have procedures to ensure that personnel are aware of and follow procedures to maintain the security of, and restrict access to, the sufferance warehouse 6 14(1) Failing to acknowledge receipt of goods by electronic means 6.1 14(2) Failing to acknowledge receipt of goods in the prescribed manner 7 15(5) Failing to provide the Agency with list of all goods not removed from the sufferance warehouse within prescribed time 8 17 Manipulating, unpacking, packing, altering or combining goods for a purpose that is not specified PART 5 Duty Free Shop Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1[Repealed, SOR/2019-259, s. 7] 2 14(b) 3 14(c) Failing to ensure that duty free shop may be locked and sealed by an officer, on request of chief officer of customs 4 14(d) Failing to ensure that duty free shop may be locked and sealed during the prescribed period by an officer in event that licensee’s licence expires or is cancelled or suspended 5 14(e) Failing to ensure that duty free shop is kept suitable for the safe-keeping of goods stored in it 6 16(1)(a) Failing to acknowledge receipt of goods in prescribed manner 7[Repealed, SOR/2019-259, s. 8] 8 16(2) Failing to present required documents to the Minister before goods are taken into a duty free shop 9[Repealed, SOR/2019-259, s. 9] 10[Repealed, SOR/2019-259, s. 9] 11 19 Selling or otherwise conveying any tobacco product to a person under the age of 18 PART 5.1 Passenger Information (Customs) Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 8(1) Failing to provide the Minister, within the prescribed time and in the prescribed manner, with missing or accurate information PART 5.2 Exit Information Regulations Column 1 Column 2 Item Designated Provision Short-form Description 1 13 Failing to provide the Agency, without delay and in the prescribed manner, with missing or accurate information PART 6 Persons Authorized to Account for Casual Goods Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 10(a) Failing to notify Minister or designated officer in writing of change of address within two weeks of change 2 10(b) Failing to notify Minister or designated officer in writing of change in name within two weeks of change 3 10(c) Failing to notify Minister or designated officer in writing of change in ownership of business within two weeks of change PART 7.1 Reporting of Imported Goods Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 14 Failing to give the Agency prescribed information at the prescribed time 2 15 Failing to give the Agency prescribed information at the prescribed time 2.1 15.1 Failing to give the Agency prescribed information at the prescribed time 2.2 15.3 Failing to give the Agency prescribed information at the prescribed time 3 17 Failing to give the Agency prescribed information at the prescribed time 3.1 17.2 Failing to give the Agency prescribed information at the prescribed time 4 19 Failing to give the Agency prescribed information at the prescribed time 4.1 19.2 Failing to give the Agency prescribed information at the prescribed time 5 21 Failing to give the Agency prescribed information at the prescribed time 5.1 21.2 Failing to give the Agency prescribed information at the prescribed time 6 24(3) Failing to give the Agency prescribed information at the prescribed time 7 25(2) Failing to give the Agency prescribed information at the prescribed time 8 29 Failing to give the Agency prescribed information in the prescribed manner 9 30 Failing to notify the Agency without delay of a change to prescribed information given before arrival in Canada 10 32 Failing to notify the Agency without delay of specified information PART 8 Transportation of Goods Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 4(1)(a) Failing to forthwith report a damaged or broken seal 2 4(1)(b) Failing to forthwith report removal of goods from a damaged or disabled container or conveyance 3 4(1)(c) Failing to forthwith report a damaged or disabled conveyance that can no longer be used to transport goods

Designated Provisions of the Customs Act and Its Regulations

[Repealed, SOR/2006-149, s. 2]

PART 1 Customs Tariff Item Column 1 Column 2 Designated Provision Short-form Description 1 114(1) Failing to pay excess amount of refund or drawback and interest on day it is received 2 118(1)(a) Failing to report to an officer, within required period, non-compliance with conditions of relief or remission granted 3 118(1)(b) Failing to pay, within required period, amount of duties in respect of relief or remission granted 4 118(2)(a) Failing to report diversion of goods to an officer within 90 days 5 118(2)(b) Failing to pay amount of drawback and interest within 90 days 6 121(1) Failing to pay amount owing within 90 days after production of a by-product 7 122(1) Failing to pay amount owing within 90 days after production of merchantable scrap or waste PART 2 Customs Bonded Warehouses Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 11(1)(a) Failing to provide at a bonded warehouse facilities, equipment and personnel sufficient to control access and to secure storage of goods 2 11(1)(b) Failing to provide at a bonded warehouse adequate space for the examination of goods by officers 3 11(1)(c) Failing to provide at a bonded warehouse necessary personnel and equipment to make goods available to an officer 4 11(1)(d) Failing to provide at a bonded warehouse necessary personnel to furnish information for audit purposes 5 11(2) Failing to keep bonded warehouse separate from remainder of building on request of chief officer of customs 6 12(1)(a) Failing to ensure that goods received in a bonded warehouse are stored safely and securely in a designated area 7 12(1)(b) Failing to ensure that goods received in a bonded warehouse are identified in specified manner 8 12(2) Entering a place where goods are stored in a bonded warehouse without written authorization or attendance of an officer 9 13 Receiving in or transferring from a bonded warehouse intoxicating liquor without provincial approval 10 14(a) Receiving domestic cigars into a bonded warehouse 10.1 14(b) Receiving domestic, packaged raw leaf tobacco into a bonded warehouse 10.2 14(c) Receiving domestic, manufactured tobacco that is not stamped into a bonded warehouse 10.3 14(d) Receiving domestic, non-duty paid packaged or bulk spirits into a bonded warehouse 10.4 14(e) Receiving domestic, non-duty paid packaged or bulk wine into a bonded warehouse 10.5 14(f) Receiving domestic, non-duty paid specially denatured alcohol into a bonded warehouse 11 15 Receiving into or removing from a bonded warehouse imported tobacco products or imported packaged spirits or wine 12 16(a) Receiving imported bulk spirits into a bonded warehouse 13 16(b) Receiving imported bulk wine into a bonded warehouse 13.1 16(c) Receiving imported specially denatured alcohol into a bonded warehouse 14 17(a) Failing to acknowledge in prescribed manner receipt of imported goods into a bonded warehouse 15 17(b) Failing to acknowledge in prescribed manner receipt of goods, other than imported goods, in a bonded warehouse 16 20 Manipulating, altering or combining goods for a purpose or activity not specified PART 3 Ships’ Stores Regulations Item Column 1 Column 2 Designated Provision Short-form Description 1 4 Failing to place alcohol, tobacco and other goods for sale on board a ship under lock or seal when ship arrives at Canadian port and failing to keep them there while ship is in port 2 5(1) Failing to ensure that bar-boxes on board an international aircraft are sealed when aircraft is on the ground

Designated Provisions of the Customs Tariff and Its Regulations