Customs Tariff (S.C. 1997, c. 36)

Marginal note:Powers of the Minister of Public Safety and Emergency Preparedness

130 The Minister of Public Safety and Emergency Preparedness may

• (a) specify documentation that is considered acceptable for the purposes of tariff item No. 9827.00.00; and

• (b) recognize authorities, representatives or authorized persons in a country of origin as competent for the purposes of conditions of classification of goods under a tariff item.

Marginal note:Power of the Minister

131 The Minister may designate goods for the purposes of tariff item No. 9938.00.00.

Marginal note:Regulations

• 132 (1) The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) amending the List of Tariff Provisions to change or prescribe conditions of classification of goods for the purposes of Chapter 99 of that List;

  • (b) prescribing territories for the purposes of the definition country in subsection 2(1);

  • (c) prescribing eligible Commonwealth countries or conditions for eligibility of Commonwealth countries for the purposes of a tariff item of heading No. 51.11, 51.12 or 58.03;

  • (d) prescribing a rate of interest or rules for determining a rate of interest for the purposes of any provision of this Act;

  • (e) reducing the maximum value of goods that are entitled to be classified under a tariff item of heading No. 98.04;

  • (f) for the purposes of tariff item No. 9808.00.00, withdrawing privileges from persons or classes of persons who are referred to in that tariff item and are from a country that refuses to grant the same privileges to Canadian officials holding corresponding or equivalent posts in that country;

  • (g) for the purposes of tariff item No. 9810.00.00,

    • (i) designating institutions, foreign countries and military service agencies, and

    • (ii) withdrawing privileges from persons or classes of persons who are referred to in that tariff item and are from a country that refuses to grant corresponding privileges;

  • (h) amending the list of products set out in tariff item No. 9905.00.00;

  • (i) amending the list of goods in tariff item No. 9987.00.00;

  • (j) in respect of goods or classes of goods of heading No. 98.26, amending the schedule to

    • (i) add, delete or amend tariff items relating to goods or classes of goods classified under each tariff item of that heading,

    • (ii) amend the rates of customs duty levied on goods or classes of goods classified under a tariff item of that heading,

    • (iii) amend the conditions under which goods or classes of goods may be imported under a tariff item of that heading,

    • (iv) exclude any goods or classes of goods from the application of a tariff item of that heading,

    • (v) define terms of that heading, and

    • (vi) amend the maximum value of goods that may be imported under a tariff item of that heading;

  • (k) reducing any customs duty imposed on goods of Chapter 89 in the List of Tariff Provisions in such circumstances and under such conditions as are prescribed;

  • (l) for the purposes of tariff item No. 9993.00.00, limiting or restricting the use, kinds or quantity of goods that may be classified under that tariff item;

  • (m) for the purposes of tariff item No. 9897.00.00,

    • (i) amending that tariff item to exclude goods manufactured or produced wholly or in part by prison labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item,

    • (i.1) amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by forced labour or child labour as those terms are defined in section 2 of the Fighting Against Forced Labour and Child Labour in Supply Chains Act, from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item,

    • (ii) amending that tariff item to exclude used or second-hand motor vehicles manufactured before the calendar year in which importation is sought to be made from that tariff item, or prescribing the conditions under which such vehicles may be excluded from that tariff item, and

    • (iii) amending that tariff item to exclude used or second-hand aircraft from that tariff item, or prescribing the conditions under which such aircraft may be excluded from that tariff item;

  • (n) for the purposes of tariff item No. 9898.00.00, amending that tariff item to prescribe conditions under which arms, military stores, munitions of war or offensive weapons are excluded from that tariff item;

  • (o) prescribing anything that is to be prescribed under a tariff item in Chapter 98 or 99 in the List of Tariff Provisions;

  • (p) prescribing anything that may be prescribed under this Act; and

  • (q) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Approval by Parliament

  (2) Regulations made under paragraph (1)(e), or under subparagraph (1)(j)(vi) that reduce the maximum value of goods, cease to have effect on the one hundred and eightieth day after the day on which they become effective or, if Parliament is not then sitting, the fifteenth day thereafter that either House of Parliament is sitting unless, not later than that day, the regulations are approved by a resolution adopted by both Houses of Parliament.

• Marginal note:Meaning of sitting day

  (3) For the purposes of subsection (2), a day on which either House of Parliament sits is deemed to be a sitting day.

• Marginal note:Maximum value restored

  (4) At the time regulations referred to in subsection (2) cease to have effect, the maximum value shall be restored.

• Marginal note:Retroactive effect

  (5) A regulation made under paragraph (1)(d) that provides that it is to come into force on a day earlier than the day on which it is registered under section 6 of the Statutory Instruments Act comes into force on that earlier day if it gives effect to a public announcement made on or before that earlier day.

Marginal note:Regulations

133 The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations

• (a) prescribing, for the purposes of section 101,

  • (i) the period after the exportation of goods within which the goods must be returned to Canada, and

  • (ii) what constitutes satisfactory evidence of exportation of the goods;

• (b) defining the expressions baggage, conveyance, former resident, incidental to the international traffic of the goods, resident, temporarily and temporary resident for the purposes of a tariff item of Chapter 98 of the List of Tariff Provisions;

• (c) for the purposes of tariff item No. 9801.10.10, 9801.10.20, 9801.10.30, 9801.20.00, 9808.00.00 or 9810.00.00, prescribing conditions under which goods may be imported;

• (d) for the purposes of tariff item No. 9802.00.00,

  • (i) prescribing conditions under which conveyances may be imported,

  • (ii) limiting the length of time that any imported conveyance may remain in Canada and the use that may be made of the conveyance while it remains in Canada, and authorizing the Minister of Public Safety and Emergency Preparedness to extend those limits,

  • (iii) excluding any class of conveyance from classification under that tariff item, and

  • (iv) authorizing the Minister of Public Safety and Emergency Preparedness to require security for imported conveyances and limit the amount and type of security that may be required;

• (e) for the purposes of tariff item No. 9803.00.00,

  • (i) prescribing conditions under which goods or conveyances may be imported and authorizing the Minister of Public Safety and Emergency Preparedness to establish such conditions in specified circumstances,

  • (ii) limiting the quantity of any class of goods that may be imported and authorizing the Minister of Public Safety and Emergency Preparedness to increase those limits in specified circumstances,

  • (iii) limiting the length of time that imported goods or conveyances may remain in Canada and authorizing the Minister of Public Safety and Emergency Preparedness to extend those limits,

  • (iv) excluding any class of goods or conveyances from classification under that tariff item, and

  • (v) authorizing the Minister of Public Safety and Emergency Preparedness to require security for imported goods or conveyances and limit the amount and type of security that may be required;

• (f) for the purposes of heading No. 98.04 or of tariff item No. 9807.00.00, 9813.00.00, 9814.00.00, 9816.00.00, 9938.00.00 or 9989.00.00, prescribing conditions under which goods may be imported;

• (g) for the purposes of tariff item No. 9805.00.00,

  • (i) exempting goods or classes of goods imported by any class of persons referred to in that tariff item from any of its requirements relating to the period during which goods must be owned, possessed or used abroad, and

  • (ii) substituting less exigent requirements relating to the period during which goods or classes of goods of that tariff item must be owned, possessed or used abroad by any class of persons referred to in that tariff item;

• (h) for the purposes of tariff item No. 9807.00.00,

  • (i) defining the word settler,

  • (ii) exempting goods or classes of goods imported by any classes of persons referred to in that tariff item from any of its requirements relating to ownership, possession or use, and

  • (iii) substituting less exigent requirements relating to the ownership, possession or use of goods or classes of goods of that tariff item;

• (i) for the purposes of tariff item No. 9897.00.00,

  • (i) defining the expressions issue, periodical and special edition,

  • (ii) prescribing conditions under which an issue of a periodical will be found to be an issue of a special edition that contained an advertisement that was primarily directed to a market in Canada and that did not appear in identical form in all editions of that issue of a periodical that were distributed in the country of origin, and

  • (iii) prescribing conditions under which an issue of a periodical will be found to be an issue more than five per cent of the advertising space in which consisted of space used for advertisements that indicated specific sources of availability in Canada, or specific conditions relating to the sale or provision in Canada, of any goods or services;

• (j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:

  • an EU country or other CETA beneficiary
  • Chile
  • Colombia
  • Costa Rica
  • CPTPP country
  • CUKTCA beneficiary
  • Honduras
  • Iceland
  • Israel or another CIFTA beneficiary
  • Jordan
  • Korea
  • Liechtenstein
  • Mexico
  • Norway
  • Panama
  • Peru
  • Switzerland
  • United States

• (j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:

  • an EU country or other CETA beneficiary
  • Chile
  • Colombia
  • Costa Rica
  • CPTPP country
  • CUKTCA beneficiary
  • Honduras
  • Israel or another CIFTA beneficiary
  • Jordan
  • Korea
  • Mexico
  • Panama
  • Peru
  • United States

• (k) for the purposes of tariff item No. 9993.00.00,

  • (i) extending any period that the goods imported under that tariff item may remain in Canada, if it is impracticable or impossible for the importer to export the goods,

  • (ii) setting out the conditions under which the requirement for security or for prescribed documents may be waived, and

  • (iii) prescribing the form, nature and conditions of any security satisfactory to the Minister of Public Safety and Emergency Preparedness; and

• (l) prescribing any other thing that is to be prescribed for the purposes of a tariff item referred to in this section.

Marginal note:Other orders

• 134 (1) The Minister of Public Safety and Emergency Preparedness or President of the Canada Border Services Agency may, by order, suspend for a specified period a tariff item referred to in Supplementary Note 2(c) of Chapter 7 of the List of Tariff Provisions, and bring into force for the period one or more tariff items referred to in Supplementary Note 2(b) of that Chapter, in respect of goods that are imported through a customs office in a region or part of Canada specified in the order during that period.

• Marginal note:Other orders

  (2) The Minister of Public Safety and Emergency Preparedness or President of the Canada Border Services Agency may, by order, suspend for a specified period a tariff item referred to in Supplementary Note 3(c) of Chapter 8 of the List of Tariff Provisions, and bring into force for the period one or more tariff items referred to in Supplementary Note 3(b) of that Chapter, in respect of goods that are imported through a customs office in a region or part of Canada specified in the order during that period.