C-52.6Customs ActSOR/2002-33620029

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CUSTOMS ACTDesignated Provisions (Customs) RegulationsP.C.2002-155820029

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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 Actb, hereby makes the annexed Designated Provisions (Customs) Regulations.aS.C. 2001, c. 25, s. 62bR.S., c. 1 (2nd Supp.)DESIGNATION OF PROVISIONS

1.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

2.(1)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.(2)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

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

SCHEDULE 1(Section 1 and subsection 2(1))DESIGNATED PROVISIONS OF THE CUSTOMS ACT AND ITS REGULATIONSPART 1ItemColumn 1Column 2Designated ProvisionShort-form Description1.2(1.3)Failing to keep electronic records in an electronically readable format for prescribed period2.3.5When 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 institution3.7.1Providing information to an officer that is not true, accurate and complete4.9(3)Failing to make available to an officer prescribed records within the specified time5.9(4)(a)Transacting or attempting to transact business as a customs broker without a licence or without meeting specified requirements(b)Holding oneself out as a customs broker without a licence or without meeting specified requirements6.11(1)(a)Failing to enter Canada at an open customs office that is designated for that purpose(b)Failing to present oneself to an officer without delay(c)Failing to answer truthfully questions asked by an officer7.11(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 purpose8.12Failing to report imported goods at prescribed time and in prescribed manner at the nearest open customs office that is designated for that purpose.9.13(a)Failing to answer truthfully questions asked by an officer with respect to goods10.13(b)Failing to present goods to an officer or make them available for examination by an officer in manner required11.14(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 purpose12.15(a)Failing to report forthwith to an officer goods in respect of which an Act of Parliament that prohibits, controls or regulates the importation of goods has been contravened(b)Failing to report forthwith to an officer goods in respect of which duties have not been paid13.16(2)(a)Failing to report forthwith to an officer delivery of a wreck that has come into Canada14. 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 security21.21(a)Failing to afford an officer free access to specified premises or place(b)Failing to open package or container or to remove any covering from it22.22(1)(a)Failing to keep prescribed records at specified place for prescribed period and in prescribed manner(b)Failing to make prescribed records available to an officer within the time specified(c)Failing to answer truthfully questions asked by an officer about prescribed records23.25Refusing to receive qualified goods at sufferance warehouse24.27(a)Failing to afford an officer free access to a sufferance warehouse, bonded warehouse or duty free shop(b)Failing to open package or container or to remove any covering from it25.31Removing of goods from specified place that have not been released by an officer or by prescribed means26.32(3)Failing to account for released goods in prescribed time and manner27.32(5)(a)Failing to account for goods within prescribed time and in prescribed manner(b)Failing to pay duties within prescribed time28.32.2(1)(a)Failing to correct, within the 90-day period, a declaration of origin of goods in prescribed manner and form containing prescribed information29.32.2(1)(b)Failing to pay duties and interest owing as a result of corrected declaration of origin of goods within the 90-day period30.32.2(2)(a)Failing to correct specified declaration, within the 90-day period, in prescribed form and manner, with prescribed information31.32.2(2)(b)Failing to pay duties and interest owing as a result of corrected specified declaration within the 90-day period32.32.3(a)Failing to report to an officer, at the time of their diversion, the diversion of goods that were to be used as ships’ stores33.32.3(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 information34.32.3(c)Failing to pay, at the time of their diversion, the specified amount of duties on goods that were to be used as ships’ stores35.33(2)Failing to pay duties within prescribed time where goods are released prior to payment of duties36.35.01Importing goods not marked in accordance with the regulations under Customs Tariff37.35.1Failing to furnish proof of origin of goods in prescribed form, containing prescribed information and containing or accompanied by the prescribed information, statements or proof38.40(1)(a)Failing to keep records at specified place in prescribed manner and for prescribed period(b)Failing to make records available to an officer within the time specified(c)Failing to answer truthfully questions asked by an officer in respect of records39.40(3)(a)Failing to keep prescribed records at specified place in prescribed manner and for prescribed period(b)Failing to make prescribed records available to an officer within the time specified(c)Failing to answer truthfully questions asked by an officer in respect of prescribed records40.43(2)Failing to comply with Minister’s notice to provide documents41.80.2(2)(a)Failing to report to an officer a specified failure within 90 days42.80.2(2)(b)Failing to repay excess amount of abatement or refund granted and interest within the 90-day period43.95(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 goods45.95(3)(b)Failing to present goods to be exported to an officer or make them available for examination by an officer in manner required46.96Failing to report forthwith to an officer goods that were not duly exported47.97.1(2)Failing to provide copy of certificate of origin of exported goods to an officer48.97.1(3)Failing to immediately notify a person of correct information in respect of a certificate of origin of exported goods49.97.2(1)(a)Failing to keep records at specified place in prescribed manner and for prescribed period(b)Failing to make records available to an officer within the time specified(c)Failing to answer truthfully questions asked by an officer in respect of records50.107.1Failing to provide, or provide access to, prescribed information about any person on board a conveyance in advance of, or within a reasonable time after, the arrival of the conveyance in CanadaPART 2ItemColumn 1Column 2Designated ProvisionShort-form Description1.4Failing 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 3ItemColumn 1Column 2Designated ProvisionShort-form Description1.14(b)(i)Failing to immediately notify chief officer of customs in writing of a change in the address of a business office at which broker transacts business2.14(b)(ii)Failing to immediately notify chief officer of customs in writing of a change in the legal or business name of the partnership or corporation3.14(b)(iii)Failing to immediately notify chief officer of customs in writing of a change in the membership of the partnership4.14(b)(iv)Failing to immediately notify chief officer of customs in writing of a change in the officers or directors of the corporation5.14(b)(vi)Failing to immediately notify chief officer of customs in writing of a change in the ownership of the business or corporation6.14(b)(vii)Failing to immediately notify chief officer of customs in writing of a change in the individuals meeting the specified knowledge requirement7.14(c)(a)Failing to furnish to the importer or exporter of goods a copy of customs accounting documents bearing the customs accounting number and official stamp(b)Failing to furnish to the importer or exporter of goods a copy of information transmitted by electronic means to the Agency8.14(d)(i)Failing to promptly account to a client importer or exporter for funds received from the Receiver General for Canada9.14(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 Agency10.17(1)(a)Failing to keep records and books of account indicating specified financial transactions11.17(1)(b)(a)Failing to keep a copy of each specified customs accounting document and copies of all supporting documents(b)Failing to keep a copy of specified information transmitted by electronic means to the Agency12.17(1)(c)Failing to keep copies of all specified correspondence, bills, accounts, statements and other papers13.17(1)(d)Failing to keep separately specified records, books of account and other documents relating to business transacted at a specified customs officePART 4ItemColumn 1Column 2Designated ProvisionShort-form Description1.11(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 it2.12(1)Failing to ensure goods are stored safely and securely in a designated area3.12(2)Entering place in sufferance warehouse where goods are stored without written authorization or attendance of an officer4.12(3)(a)Failing to have procedures to maintain the security of, and restrict access to, the sufferance warehouse5.12(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 warehouse6.14Failing to acknowledge receipt of goods in prescribed manner7.15(5)Failing to provide the Agency with list of all goods not removed from the sufferance warehouse within prescribed time8.17Manipulating, unpacking, packing, altering or combining goods for a purpose that is not specifiedPART 5ItemColumn 1Column 2Designated ProvisionShort-form Description1.14(a)Failing to ensure that goods received in a duty free shop are stored and marked in prescribed manner2.14(b)(a)Failing to ensure that imported goods received in a duty free shop are held in a designated area until accounted for(b)Failing to ensure that domestic goods received in a duty free shop are held in designated area until approved for entry into inventory3.14(c)Failing to ensure that duty free shop may be locked and sealed by an officer, on request of chief officer of customs4.14(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 suspended5.14(e)Failing to ensure that duty free shop is kept suitable for the safe-keeping of goods stored in it6.16(1)(a)Failing to acknowledge receipt of goods in prescribed manner7.16(1)(b)Failing to immediately notify chief officer of customs of the receipt of goods8.16(2)Failing to present required documents to chief officer of customs before goods are taken into a duty free shop9.17(a)Failing to provide to chief officer of customs a summary of monthly sales and remittance of fees in prescribed form within the specified period10.17(b)Failing to provide to chief officer of customs an annual report in prescribed form within the specified period11.19Selling or otherwise conveying any tobacco product to a person under the age of 18PART 6ItemColumn 1Column 2Designated ProvisionShort-form Description1.10(a)Failing to notify Minister or designated officer in writing of change of address within two weeks of change2.10(b)Failing to notify Minister or designated officer in writing of change in name within two weeks of change3.10(c)Failing to notify Minister or designated officer in writing of change in ownership of business within two weeks of changePART 7[Repealed, SOR/2006-149, s. 2]PART 7.1ItemColumn 1Column 2Designated ProvisionShort-form Description1.13.2Failing to send in the prescribed manner advance notice of the time or place of arrival of a vessel in Canada or the prescribed information2.13.3Failing to send advance notice or prescribed information relating to the arrival of a vessel in Canada within the prescribed time3.13.4Failing to notify, in the prescribed manner or within the prescribed time, that the advance notice or prescribed information relating to the arrival of a vessel in Canada has changed4.13.5Failing to send in the prescribed manner the prescribed information relating to the arrival in Canada of specified goods on board a vessel5.13.6Failing to send prescribed information relating to the arrival in Canada of specified goods on board a vessel within the prescribed time6.13.7Failing to notify, in the prescribed manner or within the prescribed time, that the prescribed information relating to specified goods arriving in Canada on board a vessel has changed7.13.87(1)Failing to send in the prescribed manner advance notice of the time or place of arrival of an aircraft in Canada or the prescribed information8.13.87(2)Failing to send advance notice or prescribed information relating to the arrival of an aircraft in Canada within the prescribed time9.13.88Failing to notify, in the prescribed manner or within the prescribed time, that the advance notice or prescribed information relating to the arrival of an aircraft in Canada has changed10.13.89(1)Failing to send in the prescribed manner the prescribed information relating to the arrival in Canada of specified goods on board an aircraft11.13.89(2)Failing to send prescribed information relating to the arrival in Canada of specified goods on board an aircraft within the prescribed time12.13.9Failing to notify, in the prescribed manner or within the prescribed time, that the prescribed information relating to specified goods arriving in Canada on board an aircraft has changedPART 8ItemColumn 1Column 2Designated ProvisionShort-form Description1.4(1)(a)Failing to forthwith report a damaged or broken seal2.4(1)(b)Failing to forthwith report removal of goods from a damaged or disabled container or conveyance3.4(1)(c)Failing to forthwith report a damaged or disabled conveyance that can no longer be used to transport goods

• SOR/2005-304, s. 1;
• SOR/2006-149, ss. 1(E), 2, 3;
• SOR/2009-267, ss. 1 to 3.

Previous VersionSCHEDULE 2(Section 1 and subsection 2(1))DESIGNATED PROVISIONS OF THE CUSTOMS TARIFF AND ITS REGULATIONSPART 1ItemColumn 1Column 2Designated ProvisionShort-form Description1.114(1)Failing to pay excess amount of refund or drawback and interest on day it is received2.118(1)(a)Failing to report to an officer, within required period, non-compliance with conditions of relief or remission granted3.118(1)(b)Failing to pay, within required period, amount of duties in respect of relief or remission granted4.118(2)(a)Failing to report diversion of goods to an officer within 90 days5.118(2)(b)Failing to pay amount of drawback and interest within 90 days6.121(1)Failing to pay amount owing within 90 days after production of a by-product7.122(1)Failing to pay amount owing within 90 days after production of merchantable scrap or wastePART 2ItemColumn 1Column 2Designated ProvisionShort-form Description1.11(1)(a)Failing to provide at a bonded warehouse facilities, equipment and personnel sufficient to control access and to secure storage of goods2.11(1)(b)Failing to provide at a bonded warehouse adequate space for the examination of goods by officers3.11(1)(c)Failing to provide at a bonded warehouse necessary personnel and equipment to make goods available to an officer4.11(1)(d)Failing to provide at a bonded warehouse necessary personnel to furnish information for audit purposes5.11(2)Failing to keep bonded warehouse separate from remainder of building on request of chief officer of customs6.12(1)(a)Failing to ensure that goods received in a bonded warehouse are stored safely and securely in a designated area7.12(1)(b)Failing to ensure that goods received in a bonded warehouse are identified in specified manner8.12(2)Entering a place where goods are stored in a bonded warehouse without written authorization or attendance of an officer9.13Receiving in or transferring from a bonded warehouse intoxicating liquor without provincial approval10.14(a)Receiving domestic cigars into a bonded warehouse10.114(b)Receiving domestic, packaged raw leaf tobacco into a bonded warehouse10.214(c)Receiving domestic, manufactured tobacco that is not stamped into a bonded warehouse10.314(d)Receiving domestic, non-duty paid packaged or bulk spirits into a bonded warehouse10.414(e)Receiving domestic, non-duty paid packaged or bulk wine into a bonded warehouse10.514(f)Receiving domestic, non-duty paid specially denatured alcohol into a bonded warehouse11.15Receiving into or removing from a bonded warehouse imported tobacco products or imported packaged spirits or wine12.16(a)Receiving imported bulk spirits into a bonded warehouse13.16(b)Receiving imported bulk wine into a bonded warehouse13.116(c)Receiving imported specially denatured alcohol into a bonded warehouse14.17(a)Failing to acknowledge in prescribed manner receipt of imported goods into a bonded warehouse15.17(b)Failing to acknowledge in prescribed manner receipt of goods, other than imported goods, in a bonded warehouse16.20Manipulating, altering or combining goods for a purpose or activity not specifiedPART 3ItemColumn 1Column 2Designated ProvisionShort-form Description1.4Failing 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 port2.5(1)Failing to ensure that bar-boxes on board an international aircraft are sealed when aircraft is on the ground

• SOR/2008-23, s. 1.

Previous Version