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Canada Border Services Agency Act (S.C. 2005, c. 38)

Assented to 2005-11-03

 Schedule II to the Act is amended by adding the following in alphabetical order:

  • Canada Border Services Agency

    Agence des services frontaliers du Canada

R.S., c. F-12Fish Inspection Act

Marginal note:1997, c. 6, s. 60

 Subsection 17(2) of the Fish Inspection Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 4(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

1990, c. 21Health of Animals Act

Marginal note:1997, c. 6, s. 68

 Subsection 32(2) of the Health of Animals Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

2001, c. 27Immigration and Refugee Protection Act

 Section 4 of the Immigration and Refugee Protection Act is replaced by the following:

Marginal note:Minister of Citizenship and Immigration
  • 4. (1) Subject to subsection (2), the Minister of Citizenship and Immigration is responsible for the administration of this Act.

  • Marginal note:Solicitor General of Canada

    (2) The Minister as defined in section 2 of the Canada Border Services Agency Act is responsible for the administration of this Act as it relates to

    • (a) examinations at ports of entry;

    • (b) the enforcement of this Act, including arrest, detention and removal;

    • (c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or

    • (d) determinations under any of subsections 34(2), 35(2) and 37(2).

  • Marginal note:Specification

    (3) Subject to subsections (1) and (2), the Governor in Council may specify

    • (a) which Minister referred to in subsections (1) and (2) shall be the Minister for the purposes of any provision of this Act; and

    • (b) that both Ministers may be the Minister for the purposes of any provision of this Act and the circumstances under which each Minister shall be the Minister.

  • Marginal note:Publication

    (4) Any order made under subsection (3) must be published in Part II of the Canada Gazette.

Marginal note:2004, c. 15, s. 72
  •  (1) Paragraphs 150.1(1)(a) and (b) of the Act are replaced by the following:

  • Marginal note:2004, c. 15, s. 72

    (2) Subsection 150.1(2) of the Act is replaced by the following:

    • Marginal note:Conditions

      (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

R.S., c. 1 (5th Supp.)Income Tax Act

 Subsection 244(13) of the Income Tax Act is replaced by the following:

  • Marginal note:Proof of documents

    (13) Every document purporting to have been executed under, or in the course of the administration or enforcement of, this Act over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner of Revenue or an officer authorized to exercise a power or perform a duty of the Minister under this Act is deemed to have been signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner of Revenue or the officer unless it has been called in question by the Minister or by a person acting for the Minister or Her Majesty.

R.S., c. 25 (1st Supp.)Meat Inspection Act

Marginal note:1997, c. 6, s. 72

 The definition “inspector” in subsection 2(1) of the Meat Inspection Act is replaced by the following:

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector pursuant to subsection 12(1) or (1.1);

Marginal note:1997, c. 6, s. 73

 Subsection 12(2) of the Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle.

1990, c. 22Plant Protection Act

Marginal note:1997, c. 6, s. 82

 Subsection 21(2) of the Plant Protection Act is replaced by the following:

  • Marginal note:Designation

    (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

  • Marginal note:Certificate to be produced

    (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

  •  (1) The definition “Commissioner” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.

  • (2) The definition “Minister” in section 2 of the Act is replaced by the following:

    “Minister”

    « ministre »

    “Minister” means, in relation to sections 25 to 39, the Solicitor General of Canada and, in relation to any other provision of this Act, the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of that provision.

  • (3) Section 2 of the Act is amended by adding the following definition in alphabetical order:

    “President”

    « président »

    “President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act.

 Paragraph 38(1)(a) of the Act is replaced by the following:

  • (a) information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of currency or monetary instruments; and

  •  (1) Paragraph 55(3)(b) of the Act is replaced by the following:

    • (b) the Canada Revenue Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;

    • (b.1) the Canada Border Services Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency; and

  • Marginal note:2001, c. 41, s. 123(1)

    (2) Paragraph 55(3)(d) of the Act is replaced by the following:

    • (d) the Canada Border Services Agency, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act.

  • (3) Section 55 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exception

      (3.1) Paragraph (3)(b) or (b.1) does not apply in respect of an offence relating to taxes or duties imposed under a prescribed Act or a prescribed portion of an Act.

 
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