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

Marginal note:Regulations

99.4 The Governor in Council may make regulations

• (a) prescribing persons or classes of persons who may be searched under subsection 99.2(2);

• (b) respecting, for the purposes of subsection 99.2(2), the circumstances and manner in which searches are to be conducted and the types of searches that may be conducted; and

• (c) respecting, for the purposes of subsection 99.3(1), the manner in which examinations are to be conducted and the machines, instruments, devices or other apparatuses or classes of machines, instruments, devices or apparatuses that may be used to conduct examinations.

Marginal note:Powers of officer — mixed-traffic corridor

99.5 If an officer has reasonable grounds to suspect that a person, having stated under section 11.7 that they arrived from a location within Canada, did in fact arrive from a location outside Canada, the officer may

• (a) question the person; and

• (b) examine any goods carried by the person, cause any package or container of the goods to be opened and take samples of the goods in reasonable amounts.

Marginal note:Officer stationed on board conveyance

• 100. (1) An officer may be stationed on board any conveyance that has arrived in Canada from a place outside Canada for the purpose of doing anything he is required or authorized to do in the administration or enforcement of this or any other Act of Parliament.

• Marginal note:Carriage, accommodation and food provided

  (2) An officer stationed on board a conveyance pursuant to subsection (1) shall be carried free of charge, and the person in charge of the conveyance shall ensure that the officer is provided with suitable accommodation and food.

Marginal note:Detention of controlled goods

101. Goods that have been imported or are about to be exported may be detained by an officer until he is satisfied that the goods have been dealt with in accordance with this Act, and any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, and any regulations made thereunder.

Marginal note:Disposition of goods illegally imported

• 102. (1) Goods that have been imported in contravention of this or any other Act of Parliament, or any regulation made thereunder, and that have been detained under section 101 shall be disposed of in accordance with that Act or regulation, but, where there is no provision in that Act or regulation for the disposition of such goods, the importer may abandon the goods to Her Majesty in right of Canada in accordance with section 36 or export them.

• Marginal note:Idem

  (2) Goods referred to in subsection (1) that are not disposed of, abandoned or exported in accordance with that subsection within such period of time as may be prescribed, may be deposited in a place of safe-keeping referred to in section 37 and, if they are so deposited, sections 37 to 39 apply in respect of the goods as if they had been deposited therein pursuant to section 37.

• Marginal note:Duties removed

  (3) Goods are, from the time they are disposed of or exported under subsection (1), no longer charged with duties levied thereon.