Marginal note:Delegation of powers
9. The Minister of Public Safety and Emergency Preparedness may authorize an officer or agent or a class of officers or agents to exercise powers or perform duties of that Minister under this Act.
- 1997, c. 36, s. 9;
- 2005, c. 38, ss. 142, 145.
Marginal note:Classification of goods in the List of Tariff Provisions
10. (1) Subject to subsection (2), the classification of imported goods under a tariff item shall, unless otherwise provided, be determined in accordance with the General Rules for the Interpretation of the Harmonized System and the Canadian Rules set out in the schedule.
Marginal note:Classification of “within access commitment” goods
(2) Goods shall not be classified under a tariff item that contains the phrase “within access commitment” unless the goods are imported under the authority of a permit issued under section 8.3 of the Export and Import Permits Act and in compliance with the conditions of the permit.
11. In interpreting the headings and subheadings, regard shall be had to the Compendium of Classification Opinions to the Harmonized Commodity Description and Coding System and the Explanatory Notes to the Harmonized Commodity Description and Coding System, published by the Customs Co-operation Council (also known as the World Customs Organization), as amended from time to time.
Marginal note:Administration and enforcement
12. The provisions of the Customs Act apply, with such modifications as the circumstances require, in respect of the administration and enforcement of this Act and the regulations, and for the purposes thereof, a contravention of this Act or the regulations or a failure to comply with a condition to which relief or a remission, drawback or refund under Part 3 is subject or to which classification under a tariff item is subject is deemed to be a contravention of the Customs Act.
Amendment of Schedule
Marginal note:Amendment — List of Tariff Provisions
13. The Minister may, by order, amend the List of Tariff Provisions to change a tariff item number or a description of goods in a tariff item, or to add, repeal or replace a tariff item, if the amendment does not affect the rate of customs duty applicable to those goods.
- 1997, c. 36, s. 13;
- 2011, c. 24, s. 112.
Marginal note:Amendment of List of Tariff Provisions
14. (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule, other than tariff item No. 9898.00.00 or 9899.00.00, to give effect to
(a) an amendment to the Harmonized Commodity Description and Coding System or to any advice on the interpretation of that System approved by the Customs Co-operation Council (also known as the World Customs Organization);
(b) a modification to an agreement or arrangement relating to international trade to which the Government of Canada is a party; or
(c) an arrangement or commitment that extends the benefits of an agreement relating to international trade to which the Government of Canada is a party.
Marginal note:Reciprocal reductions
(2) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to reduce a rate of customs duty on goods imported from a country, and to make consequential amendments,
(a) by way of compensation for concessions granted by the country or any other country, subject to any conditions set out in the order;
(b) as may be required by Canada’s international obligations, subject to any conditions set out in the order; and
(c) by way of compensation for any action taken under any of the following provisions:
(i) subsection 55(1),
(ii) section 60,
(iii) subsection 63(1),
(iv) subsection 69(2),
(v) subsection 70(2),
(vi) subsection 71(2),
(vii) subsection 71.01(1),
(viii) subsection 71.1(2),
(ix) subsection 71.41(1),
(x) subsection 71.5(1),
(xi) subsection 71.6(1),
(xii) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
Marginal note:Order may be retroactive
(3) An order made under subsection (2) may, if it so provides, be retroactive and have effect in respect of a period before it is made that begins after the coming into force of this section.
- 1997, c. 36, s. 14;
- 2001, c. 28, s. 33;
- 2009, c. 16, ss. 38, 56;
- 2010, c. 4, s. 32;
- 2011, c. 24, s. 113;
- 2012, c. 18, ss. 34, 44, c. 26, ss. 40, 61 to 63.
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