Vol. 145, No. 5 — March 2, 2011
SOR/2011-48 February 17, 2011
ARCHIVED — Regulations Amending the Reporting of Imported Goods Regulations (Miscellaneous Program)
P.C. 2011-250 February 17, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 8.1(8) (see footnote a), section 12 (see footnote b) and subsection 164(1) (see footnote c) of the Customs Act (see footnote d), hereby makes the annexed Regulations Amending the Reporting of Imported Goods Regulations (Miscellaneous Program).
REGULATIONS AMENDING THE REPORTING OF IMPORTED GOODS REGULATIONS (MISCELLANEOUS PROGRAM)
1. Paragraph 13.8(2)(b) of the Reporting of Imported Goods Regulations (see footnote 1) is replaced by the following:
(b) the name of the country where the break-bulk goods come from and a list of the break-bulk goods to be transported;
2. Section 13.83 of the Regulations is replaced by the following:
13.83 The Minister shall suspend an exemption if the information in it is inaccurate or incomplete.
3. The portion of section 13.84 of the Regulations before paragraph (a) is replaced by the following:
13.84 The Minister shall cancel an exemption if
4. Section 13.85 of the Regulations is replaced by the following:
13.85 If the Minister refuses to issue an exemption to a person or suspends or cancels an exemption issued to a person, the Minister shall, as soon as feasible, send a written notice of, and the reasons for, the refusal, suspension or cancellation to the person at their latest known address.
5. Section 13.86 of the Regulations is replaced by the following:
13.86 (1) A person whose application for an exemption is refused, or whose exemption is suspended or cancelled, may request a review of the decision by sending a written notice of their request to the Minister within 30 days after the day on which their application was refused or their exemption was suspended or cancelled.
(2) The Minister shall review the decision and, as soon as feasible, send a written notice of its review with reasons to the person at their latest known address.
6. Item 1 of Part 2 of Schedule 2 to the English version of the Regulations is replaced by the following:
1. Numeric code that identifies the movement of the goods (also known as the “customs procedure, coded” for air cargo)*
COMING INTO FORCE
7. These Regulations come into force on the day on which they are registered.
(This statement is not part of the Regulations.)
Issue and objectives
These Regulations represent amendments of an administrative, non-substantive nature to the Reporting of Imported Goods Regulations. They are made in response to a request from the Standing Joint Committee on the Scrutiny for Regulations (SJCSR).
Description and rationale
The SJCSR is of the view that sections 13.83 and 13.84 set out the specific circumstances in which a suspension or cancellation of an exemption for break-bulk carriers to provide Advance Commercial Information (ACI) to the CBSA is required. To this end, the Minister does not have the discretion to refuse to carry out a suspension or cancellation. Sections 13.83 and 13.84 will be amended by replacing “may” with “shall” to reflect that the Minister does not have this discretion.
The SJCSR is of the view that section 13.86 allows a person whose application for an exemption has been refused the right to send a written request to the Minister asking for a review of the decision to refuse, suspend or cancel an exemption from ACI program requirements. However, the provision fails to mention that the Minister will review the request and provide a response to the person. Therefore, section 13.86 is being amended to indicate that the Minister “shall” review a decision and send, as soon as feasible, a written notice of, as well as the reason for the refusal, suspension or cancellation of an exemption from the ACI program requirements to the person.
Section 13.85 is being amended to replace “as soon as is reasonably practical” with “as soon as feasible” to ensure consistency with phrasing proposed in section 13.86.
Further, subparagraph 13.8(2)(b) is being amended to replace « pays » with « le nom du pays » in the French version to harmonize French and English versions of the Regulations.
Item 1 of Part 2 of Schedule 2 is being amended to replace “air conveyance” in the English version with “air cargo” to harmonize English and French versions of the Regulations.
Since the proposed changes are of an administrative nature and do not modify the functioning or substance of the Regulations, external consultations were not required. The CBSA has consulted internally.
There will be no additional costs to the CBSA or to stakeholders as a result of these technical amendments.
Implementation, enforcement and service standards
These Regulations will come into force on the day they are registered.
Canada Border Services Agency
55 Bay Street North, 6th Floor
S.C. 2001, c. 25, s. 8(2)
S.C. 2001, c. 25, s. 12
S.C. 2009, c. 10, s. 16
R.S., c. 1 (2nd Supp.)