Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))

Marginal note:Requirement to comply with marking regulations

35.01 No person shall import goods that are required to be marked by any regulations made under section 19 of the Customs Tariff unless the goods are marked in accordance with those regulations.

• 35.02 (1) [Repealed, 2001, c. 25, s. 30]

• Marginal note:Notice requiring marking or compliance

  (2) The Minister or any officer designated by the President for the purposes of this section may, by notice served personally or by registered mail, require any person

  • (a) to mark imported goods in accordance with the regulations made under section 19 of the Customs Tariff, within such reasonable time as may be stipulated in the notice, if there has been a failure to comply with section 35.01 with respect to the goods; or

  • (b) to comply with section 35.01 in respect of any goods designated in the notice that will subsequently be imported by the person.

• (3) [Repealed, 2001, c. 25, s. 30]

• Marginal note:Goods imported from a NAFTA country

  (4) If a person imports goods of a prescribed class from a NAFTA country, that person is not liable to a penalty under section 109.1 unless

  • (a) the person has previously failed to comply with section 35.01 in respect of imported goods and has been given notice pursuant to subsection (2);

  • (b) the goods with respect to which there has been a failure to comply with section 35.01 or a notice given pursuant to subsection (2) have been released without being marked in the manner referred to in section 35.01; or

  • (c) the imported goods have been marked in a deceptive manner so as to mislead another person as to the country or geographic area of origin of the goods.

• (5) [Repealed, 2001, c. 25, s. 30]

Marginal note:Proof of origin

• 35.1 (1) Subject to any regulations made under subsection (4), proof of origin, in the prescribed form containing the prescribed information and containing or accompanied by the information, statements or proof required by any regulations made under subsection (4), shall be furnished in respect of all goods that are imported.

• Marginal note:When furnished

  (2) Proof of origin of goods shall be furnished under subsection (1) to an officer at such time and place and in such manner as may be prescribed.

• Marginal note:Who furnishes

  (3) Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished under subsection (1) by the importer or owner thereof.

• Marginal note:Regulations

  (4) The Governor in Council, on the recommendation of the Minister and the Minister of Finance, may make regulations

  • (a) specifying persons or classes of persons who are authorized to furnish proof of origin of goods under subsection (1) in lieu of the importer or owner thereof and prescribing the circumstances in which and the conditions, if any, under which such persons or classes of persons are so authorized;

  • (b) specifying information required to be contained in, or to accompany, the prescribed proof of origin form in addition to the prescribed information and specifying any statements or proof required to be contained therein or to accompany that form; and

  • (c) exempting persons or goods, or classes thereof, from the requirements of subsection (1) subject to such conditions, if any, as are specified in the regulations.

• Marginal note:Denial or withdrawal of preferential tariff treatment

  (5) Preferential tariff treatment under a free trade agreement may be denied or withdrawn in respect of goods for which that treatment is claimed if the importer, owner or other person required to furnish proof of origin of the goods under this section fails to comply with any provision of this Act or the Customs Tariff, or any regulation made under either of those Acts, concerning that preferential tariff treatment.

• (6) [Repealed, 1997, c. 14, s. 37]