Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

460 Subsection 85.07(2) of the Act is replaced by the following:

461 Section 85.08 of the Act is replaced by the following:

462 Subparagraph 85.14(1)(a)(iii) of the Act is replaced by the following:

463 Section 85.16 of the Act is repealed.

• 464 (1) Paragraph 86(1)(h) of the Act is amended by adding “and” at the end of subparagraph (ii) and by repealing subparagraphs (iii) and (iii.1).

• (2) Subsection 86(1) of the Act is amended by adding the following after paragraph (h):

  • (h.1) respecting the process for dealing with claims referred to in section 85.01;

• 465 (1) Subparagraphs 86.11(1)(b)(i) to (iii) of the Act are replaced by the following:

  • (i) the minimum standards of treatment of passengers that the carrier is required to meet, including those that the carrier is required to meet when an exception specified by regulations made under paragraph (b.1) applies,

  • (ii) the minimum compensation the carrier is required to pay for inconvenience,

  • (iii) the carrier’s obligation to ensure that passengers complete their itinerary or, if they are not able to complete it within a reasonable time, receive a refund, and

• (2) Subsection 86.11(1) of the Act is amended by adding the following after paragraph (b):

  • (b.1) specifying exceptions to the obligation set out in subparagraph (b)(ii);

• (3) Paragraph 86.11(1)(c) of the Act is replaced by the following:

  • (c) prescribing the minimum compensation for delayed, lost or damaged baggage that the carrier is required to pay;

• (4) Subsection 86.11(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:

  • (f.1) respecting the carrier’s obligations with respect to refunds in the event that a person who has reserved space on a flight with the carrier cancels the reservation due to the issuance of a Government of Canada travel advisory; and

466 Subparagraph 177(1)(b)(ii) of the Act is replaced by the following:

• 467 (1) Subsection 180.1(1) of the Act is replaced by the following:

  Marginal note:Options

  • 180.1 (1) Subject to subsections (2) to (4), a person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

• (2) Section 180.1 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Regulations made under subsection 86.11(1) — penalty

    (4) A person who has been served with a notice of violation that identifies any provision of a regulation made under subsection 86.11(1) that was contravened and that sets out a penalty for the violation must

    • (a) pay the amount of the penalty specified in the notice;

    • (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or

    • (c) request, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations to which the violation relates.

• 468 (1) The portion of subsection 180.62(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Entering into compliance agreements

  • 180.62 (1) After considering a request made under paragraph 180.1(3)(c) or (4)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms may

• (2) Paragraph 180.62(4)(a) of the Act is replaced by the following:

  • (a) that instead of being liable to pay the amount of the penalty specified in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in paragraph 177(1)(b) or subsection 177(3), as the case may be, an amount that is twice the amount of that penalty;

469 Subsection 180.63(1) of the Act is replaced by the following:

• 470 (1) Section 180.64 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Regulations made under subsection 86.11(1)

    (2.1) If a person to whom subsection 180.1(4) applies does not pay the amount of the penalty specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(4)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

• (2) Subsection 180.64(4) of the Act is replaced by the following:

  • Marginal note:Refusal to enter into compliance agreement

    (4) If the Agency refuses a person’s request under paragraph 180.1(3)(c) or (4)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

471 Section 181 of the Act is replaced by the following:

Transitional Provisions

Marginal note:Complaints remaining with Agency

• 472 (1) A complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with that Act, and any regulations made under it, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.

• Marginal note:Complaints to be dealt with by complaint resolution officers

  (2) A complaint filed under section 67.1 of the Canada Transportation Act before the day on which section 459 comes into force that is not in the course of being heard by the Canadian Transportation Agency on that day is to be dealt with and disposed of in accordance with

  • (a) sections 85.04 to 85.12 of that Act; and

  • (b) any regulations made under subsection 86.11(1) of that Act as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.

Marginal note:Complaints relative to coming into force of subsection 465(1)

473 A complaint filed under subsection 85.04(1) of the Canada Transportation Act before the day on which subsection 465(1) comes into force that was not disposed of before that day, and a complaint filed under that subsection 85.04(1) on or after that day in respect of a flight for which the date of departure that is indicated on the complainant’s ticket is before that day, is to be dealt with and disposed of in accordance with sections 85.04 to 85.12 of that Act, and any regulations made under subsection 86.11(1) of that Act, as they read on the date of departure that is indicated on the ticket for the flight to which the complaint relates.

Coming into Force

Marginal note:September 30, 2023

• 474 (1) Sections 454 to 456, 458 and 459 come into force on September 30, 2023 or, if it is later, on the day on which this Act receives royal assent.

• Marginal note:Order in council

  (2) Sections 457, 460 to 464 and subsections 465(1), (2) and (4) come into force on a day or days to be fixed by order of the Governor in Council.

DIVISION 24R.S., c. 1 (2nd Supp.)Customs Act

Amendments to the Act

475 Section 7.1 of the Customs Act is replaced by the following:

• 476 (1) Subsections 11(1) to (3) of the Act are replaced by the following:

  Marginal note:Presentation on arrival in Canada

  • 11 (1) Subject to this section, every person arriving in Canada shall, except in the circumstances and subject to the conditions that may be prescribed, enter Canada only at a customs office designated for that purpose that is open for business and without delay present themselves

    • (a) to an officer in person; or

    • (b) to the Agency by a means of telecommunication that is specified by the Minister for use at that customs office.

  • Marginal note:Limitation

    (1.1) If only one of the manners of presentation set out in paragraphs (1)(a) and (b) is made available at the customs office, the person shall present themselves under subsection (1) in that manner.

  • Marginal note:Information

    (1.2) The person presenting themselves under subsection (1) shall

    • (a) if presenting in person, provide any information that may be required by the officer in the performance of the officer’s duties under this or any other Act of Parliament;

    • (b) if presenting by a means of telecommunication, provide any information, including a photograph taken when they are presenting themselves, that may be required by the Agency and that is related to the performance of an officer’s duties under this or any other Act of Parliament; and

    • (c) in either case, answer truthfully any questions that are asked by an officer in the performance of those duties.

  • Marginal note:Information before arrival

    (1.3) A person who intends to present themselves by a means of telecommunication under paragraph (1)(b) shall, in the prescribed circumstances, provide the prescribed information within the prescribed time before they arrive in Canada.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to any person who has presented themselves outside Canada at a customs office designated for that purpose and has not subsequently stopped at any other place prior to their arrival in Canada, unless an officer requires them to comply with that subsection.

  • Marginal note:Presentation of passengers and crew

    (3) Subject to this section, every person in charge of a conveyance arriving in Canada shall, except in the circumstances and subject to the conditions that may be prescribed, ensure that the passengers and crew are immediately on arrival in Canada transported to a customs office referred to in subsection (1).

• (2) Subsection 11(7) of the Act is replaced by the following:

  • Marginal note:Powers of officer

    (7) An officer may require that a person present themselves in person in accordance with paragraph (1)(a) at a time and place that the officer may specify, even if the person

    • (a) presents themselves, or expresses an intention to present themselves, at a customs office by a means of telecommunication under paragraph (1)(b);

    • (b) is exempt in the prescribed circumstances referred to in subsection (1) from presenting themselves in accordance with that subsection;

    • (c) holds an authorization under subsection 11.1(1); or

    • (d) is authorized under the regulations made under subsection 11.1(3).

  • Marginal note:Regulations

    (8) The Governor in Council may make regulations respecting the establishment of classes of persons for the purposes of presentation under this section, including regulations respecting

    • (a) the issuance, amendment, suspension, renewal, cancellation and reinstatement by the Minister of authorizations for membership in a class;

    • (b) the requirements and conditions that are to be met before the authorizations may be issued;

    • (c) the terms and conditions of the authorizations; and

    • (d) fees or the manner of determining fees to be paid for the authorizations.

  • Marginal note:Service Fees Act

    (9) The Service Fees Act does not apply to a fee for an authorization issued under regulations made under subsection (8) if it is a reciprocal fee under an international arrangement.