An Act to amend the Customs Act (S.C. 2009, c. 10)
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Assented to 2009-06-11
An Act to amend the Customs Act
S.C. 2009, c. 10
Assented to 2009-06-11
An Act to amend the Customs Act
SUMMARY
This enactment amends the Customs Act to clarify certain provisions and to make technical amendments to others. It also imposes additional requirements in customs controlled areas, amends provisions respecting the determination of value for duty, and modifies the advance commercial reporting requirements. Finally, it provides that regulations may incorporate material by reference.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:R.S., c. 1 (2nd Supp.)
CUSTOMS ACT
Marginal note:1998, c. 19, s. 262(1)
1. Subsection 2(4) of the French version of the Customs Act is replaced by the following:
Marginal note:Délégation
(4) Le ministre peut autoriser un agent ou une catégorie d’agents à exercer les pouvoirs et fonctions, y compris les pouvoirs et fonctions judiciaires ou quasi judiciaires, qui lui sont conférés en vertu de la présente loi.
Marginal note:2001, c. 25, s. 11
2. (1) Paragraph 11.3(a) of the Act is replaced by the following:
(a) has been authorized by the Minister; or
(2) Section 11.3 of the Act is renumbered as subsection 11.3(1) and is amended by adding the following:
Marginal note:Amendment, etc., of authorization
(2) The Minister may amend, suspend, renew, cancel or reinstate an authorization.
Marginal note:2001, c. 25, s. 11
3. (1) The portion of subsection 11.4(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Presentation and reporting — when leaving customs controlled area
11.4 (1) Subject to subsection (2), every person who is leaving a customs controlled area shall, if requested to do so by an officer,
Marginal note:2001, c. 25, s. 11
(2) Paragraph 11.4(1)(b) of the Act is replaced by the following:
(b) report in the prescribed manner any goods that he or she has acquired through any means while in the customs controlled area;
(b.1) present those goods and remove any covering from them, unload any conveyance or open any part of it, or open or unpack any package or container that an officer wishes to examine; and
Marginal note:2001, c. 25, s. 11
(3) Paragraph 11.4(1)(c) of the French version of the Act is replaced by the following:
c) répondre véridiquement aux questions que lui pose un agent dans l’exercice des fonctions que lui confère la présente loi ou une autre loi fédérale.
Marginal note:2001, c. 25, s. 11
(4) Subsection 11.4(2) of the Act is replaced by the following:
Marginal note:Presentation and reporting — within customs controlled area
(1.1) Every person who is in a customs controlled area shall, if requested to do so by an officer,
(a) present himself or herself in the prescribed manner to an officer and identify himself or herself; and
(b) answer truthfully any questions asked by an officer in the performance of his or her duties under this or any other Act of Parliament.
Marginal note:Non-application of subsections (1) and (1.1)
(2) Subsections (1) and (1.1) do not apply to persons who are required to present themselves under section 11 or report goods under section 12.
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