Designated Provisions (Customs) Regulations (SOR/2002-336)

Regulations are current to 2013-05-26 and last amended on 2009-09-09. Previous Versions

SCHEDULE 1

(Section 1 and subsection 2(1))

DESIGNATED PROVISIONS OF THE CUSTOMS ACT AND ITS REGULATIONS

PART 1

CUSTOMS ACT

ItemColumn 1Column 2
Designated ProvisionShort-form Description
1.2(1.3)Failing to keep electronic records in an electronically readable format for prescribed period
2.3.5When 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 institution
3.7.1Providing 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)
  • (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 requirements

6.11(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 officer

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
8.12Failing 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 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
  • (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 paid

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 to 19.[Repealed, SOR/2009-267, s. 1]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
  • (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 it

22.22(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 records

23.25Refusing to receive qualified goods at sufferance warehouse
24.27
  • (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 it

25.31Removing 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)
  • (a) Failing to account for goods within prescribed time and in prescribed manner

  • (b) Failing to pay duties within prescribed time

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
36.35.01Importing goods not marked in accordance with the regulations under Customs Tariff
37.35.1Failing to furnish proof of origin of goods in prescribed form, containing prescribed information and containing or accompanied by the prescribed information, statements or proof
38.40(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 records

39.40(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 records

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
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
46.96Failing 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)
  • (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 records

50.107.1Failing 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 Canada

PART 2

ACCOUNTING FOR IMPORTED GOODS AND PAYMENT OF DUTIES REGULATIONS

ItemColumn 1Column 2
Designated ProvisionShort-form Description
1.4Failing 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 3

CUSTOMS BROKERS LICENSING REGULATIONS

ItemColumn 1Column 2
Designated ProvisionShort-form Description
1.14(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 business
2.14(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 corporation
3.14(b)(iii)Failing to immediately notify chief officer of customs in writing of a change in the membership of the partnership
4.14(b)(iv)Failing to immediately notify chief officer of customs in writing of a change in the officers or directors of the corporation
5.14(b)(vi)Failing to immediately notify chief officer of customs in writing of a change in the ownership of the business or corporation
6.14(b)(vii)Failing to immediately notify chief officer of customs in writing of a change in the individuals meeting the specified knowledge requirement
7.14(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 Agency

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)
  • (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 Agency

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

ItemColumn 1Column 2
Designated ProvisionShort-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
6.14Failing to acknowledge receipt of goods in prescribed manner
7.15(5)Failing to provide the Agency with list of all goods not removed from the sufferance warehouse within prescribed time
8.17Manipulating, unpacking, packing, altering or combining goods for a purpose that is not specified

PART 5

DUTY FREE SHOP REGULATIONS

ItemColumn 1Column 2
Designated ProvisionShort-form Description
1.14(a)Failing to ensure that goods received in a duty free shop are stored and marked in prescribed manner
2.14(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 inventory

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
7.16(1)(b)Failing to immediately notify chief officer of customs of the receipt of goods
8.16(2)Failing to present required documents to chief officer of customs before goods are taken into a duty free shop
9.17(a)Failing to provide to chief officer of customs a summary of monthly sales and remittance of fees in prescribed form within the specified period
10.17(b)Failing to provide to chief officer of customs an annual report in prescribed form within the specified period
11.19Selling or otherwise conveying any tobacco product to a person under the age of 18

PART 6

PERSONS AUTHORIZED TO ACCOUNT FOR CASUAL GOODS REGULATIONS

ItemColumn 1Column 2
Designated ProvisionShort-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

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

PART 7.1

REPORTING OF IMPORTED GOODS REGULATIONS

ItemColumn 1Column 2
Designated ProvisionShort-form Description
1.13.2Failing to send in the prescribed manner advance notice of the time or place of arrival of a vessel in Canada or the prescribed information
2.13.3Failing to send advance notice or prescribed information relating to the arrival of a vessel in Canada within the prescribed time
3.13.4Failing 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 changed
4.13.5Failing to send in the prescribed manner the prescribed information relating to the arrival in Canada of specified goods on board a vessel
5.13.6Failing to send prescribed information relating to the arrival in Canada of specified goods on board a vessel within the prescribed time
6.13.7Failing 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 changed
7.13.87(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 information
8.13.87(2)Failing to send advance notice or prescribed information relating to the arrival of an aircraft in Canada within the prescribed time
9.13.88Failing 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 changed
10.13.89(1)Failing to send in the prescribed manner the prescribed information relating to the arrival in Canada of specified goods on board an aircraft
11.13.89(2)Failing to send prescribed information relating to the arrival in Canada of specified goods on board an aircraft within the prescribed time
12.13.9Failing 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 changed

PART 8

TRANSPORTATION OF GOODS REGULATIONS

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