Vol. 139, No. 53 — December 31, 2005

Regulations Amending the Reporting of Imported Goods Regulations

Statutory authority

Customs Act

Sponsoring agency

Canada Border Services Agency

REGULATORY IMPACT
ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 12 (see footnote a) and paragraphs 164(1)(b) (see footnote b) and (i) (see footnote c) of the Customs Act (see footnote d), proposes to make the annexed Regulations Amending the Reporting of Imported Goods Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Manager, Legislative Affairs, Canada Border Services Agency, 16th Floor, Sir Richard Scott Building, 191 Laurier Avenue West, Ottawa, Ontario K1A 0L8 (tel.: (613) 952-5314; fax: (613) 941-2999).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, December 6, 2005

DIANE LABELLE 
Acting Assistant Clerk of the Privy Council 

REGULATIONS AMENDING THE REPORTING OF IMPORTED GOODS REGULATIONS

AMENDMENTS

1. (1) The definition "participants' requirements document" in section 2 of the Reporting of Imported Goods Regulations (see footnote 1) is repealed.

(2) The definition "designated holding area" in section 2 of the Regulations is replaced by the following:

"designated holding area" means a room or other area designated by the Commissioner for the use of persons arriving in Canada who are in transit to another place in Canada or to a place outside Canada; (zone d'attente désignée)

(3) The definition "marchandises commerciales" in section 2 of the French version of the Regulations is replaced by the following:

« marchandises commerciales » Marchandises importées au Canada en vue de leur vente ou d'usages industriels, professionnels, commerciaux ou collectifs, ou à d'autres fins analogues. (commercial goods)

(4) Section 2 of the Regulations is amended by adding the following in alphabetical order:

"commercial passenger conveyance" has the same meaning as in section 1 of the Presentation of Persons (2003) Regulations; (moyen de transport commercial de passagers)

"Electronic Commerce Client Requirements Document" means the Electronic Commerce Client Requirements Document established by the CBSA, as amended from time to time; (document sur les exigences à l'égard des clients du commerce électronique)

"eligible goods" has the same meaning as in section 2 of the Accounting for Imported Goods and Payment of Duties Regulations; (marchandises admissibles)

2. Section 4 of the Regulations is replaced by the following:

4. Subject to sections 5 and 12, goods, other than goods to be released under subsection 32(4) of the Act, may be reported by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange that are set out in the Electronic Commerce Client Requirements Document.

3. Paragraph 5(1)(b.1) of the Regulations is replaced by the following:

(b.1) eligible goods that meet the requirements for release under paragraph 32(2)(b) of the Act if they are reported by a CSA carrier or if they are transported into Canada by a commercial highway conveyance as defined in section 1 of the Presentation of Persons (2003) Regulations and are reported by the driver of the conveyance who holds an authorization under those Regulations;

4. Paragraph 7(2)(b) of the French version of the Regulations is replaced by the following:

b) dans le cas où la personne et les marchandises sont transférées, sous contrôle douanier, directement à une zone d'attente désignée, la personne ne quitte cette zone que pour monter à bord d'un moyen de transport commercial de passagers et les marchandises n'en sont enlevées de la zone que pour être chargées à bord de ce moyen de transport, en vue d'un départ vers cet autre endroit au Canada.

5. The Regulations are amended by adding the following after section 12.2:

12.3 The person in charge of a conveyance shall, before the time of their arrival in Canada, notify an officer by telephone at a designated customs office of any changes to information given by them under section 12.1 or 12.2, unless there are emergency circumstances, in which case the person in charge shall notify an officer at a designated customs office of any changes and of those circumstances at the time of their arrival.

COMING INTO FORCE

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

[53-1-o]

Footnote a

S.C. 2001, c. 25, s. 12

Footnote b

S.C. 2001, c. 25, s. 85(1)

Footnote c

S.C. 1992, c. 28, s. 30(1)

Footnote d

R.S., c. 1 (2nd Supp.)

Footnote 1

SOR/86-873

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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