Accounting for Imported Goods and Payment of Duties Regulations

10.6 (1) The Minister may suspend the CSA authorization of a CSA importer or CSA carrier if

• (a) in the case of an importer, the importer no longer meets the requirements set out in paragraph 10.5(2)(f), (g) or (h);

• (b) in the case of a carrier, the carrier no longer meets the requirements set out in paragraph 10.5(3)(f) or (g);

• (c) the importer or carrier, as the case may be, fails to maintain its security;

• (d) the importer or carrier, as the case may be, fails to advise the Minister of any change in the information referred to in paragraph 10.5(1)(b) or (c) as required by section 10.8 or 10.81, as the case may be;

• (e) the importer or carrier, as the case may be, becomes insolvent;

• (f) in the case of an importer, the importer has imported goods that were released under paragraph 32(2)(b) of the Act that were not eligible goods or that were transported by carriers that did not hold a CSA authorization;

• (g) in the case of a carrier, the carrier has transported goods into Canada that were released under paragraph 32(2)(b) of the Act that

  • (i) were not eligible goods,

  • (ii) were transported into Canada by a commercial highway conveyance as defined in section 1 of the Presentation of Persons (2003) Regulations operated by a driver who did not hold an authorization under those Regulations, or

  • (iii) were delivered somewhere other than the place of business of the CSA importer, owner or consignee to which delivery was authorized;

• (h) in the case of a carrier, the carrier fails to comply with section 10.82; or

• (i) the importer or carrier, as the case may be, has been convicted of an offence under the Act or its regulations.

(2) The Minister may cancel the CSA authorization of a CSA importer or CSA carrier if

• (a) the authorization has been obtained on the basis of false or misleading information;

• (b) in the case of an importer, the importer no longer meets the requirements set out in one or more of paragraphs 10.5(2)(a) to (c.2);

• (c) in the case of a carrier, the carrier no longer meets the requirements set out in one or more of paragraphs 10.5(3)(a) to (c.1);

• (d) the importer or carrier, as the case may be, so requests; or

• (e) in the case of a CSA authorization that has been suspended, the importer or carrier, as the case may be, has not corrected the matter that gave rise to the suspension within 30 days after the suspension has taken effect or, if a longer period has been allowed under subsection (3), within that period.

(2.1) In deciding whether to suspend or cancel the CSA authorization of a CSA importer or CSA carrier, the Minister is to consider

• (a) the severity of the breach and whether or not it was rectified soon after it was discovered;

• (b) the economic impact of the suspension or the cancellation; and

• (c) the security and safety of Canadians.

(3) If it is not possible for an importer or carrier to correct the matter that gave rise to the suspension within 30 days after the suspension has taken effect, the Minister, on an application made within those 30 days, shall allow a longer period to correct the matter.