Application to Her Majesty
Marginal note:Duties binding on Her Majesty
3. (1) All duties or taxes levied on imported goods under the Customs Tariff, the Excise Act, 2001, the Excise Tax Act, the Special Import Measures Act or any other law relating to customs are binding on Her Majesty in right of Canada or a province in respect of any goods imported by or on behalf of Her Majesty.
Marginal note:Act binding on Her Majesty
(2) Subject to subsection (3), this Act is binding on Her Majesty in right of Canada or a province.
(3) The Governor in Council may by regulation exempt Her Majesty in any case or class of cases from the requirement to report under section 12 or 95 subject to such conditions as may be prescribed.
- R.S., 1985, c. 1 (2nd Supp.), s. 3;
- 2002, c. 22, s. 329.
Penalty and Interest
Marginal note:Interest to be compounded
3.1 Interest shall be computed at a prescribed rate or at a specified rate and compounded daily and, if interest is computed in respect of an amount under a provision of this Act and is unpaid on the day it would, but for this section, have ceased to be computed under that provision, interest at the specified rate shall be computed and compounded daily on that unpaid interest from that day to the day it is paid and shall be paid as that provision required the amount to be paid.
- 1992, c. 28, s. 2;
- 2001, c. 25, s. 2.
Marginal note:Prescribed rate may be authorized
3.2 Where a person is required under a provision of this Act to pay interest on an amount at the specified rate, the person shall, where the Minister or any officer designated by the Minister for the purposes of this section so authorizes, pay interest on that amount under that provision at the prescribed rate rather than at the specified rate.
- 1992, c. 28, s. 2.
Marginal note:Waiver of penalty or interest
3.3 (1) Except with respect to the collection of any debt due to Her Majesty under Part V.1, the Minister or any officer designated by the President for the purposes of this section may at any time waive or cancel all or any portion of any penalty or interest otherwise payable by a person under this Act.
(1.1) Subsection (1) does not apply if measures may be taken under section 127.1, a request under section 129 is made or the time for making a request set out in that section has not expired.
Marginal note:Interest on penalty or interest refunded
(2) Where, as a result of a waiver or cancellation under subsection (1), a person is given a refund of an amount of penalty or interest that was paid by the person, the person shall be given, in addition to the refund, interest at the prescribed rate for the period beginning on the first day after the day the amount was paid and ending on the day the refund is given, calculated on the amount of the refund.
- 1992, c. 28, s. 2;
- 1995, c. 41, s. 2;
- 2001, c. 25, s. 3;
- 2005, c. 38, s. 61.
- Date modified: