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

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Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2009, c. 10, s. 5

    • 1992, c. 28, s. 3(1)

      5 Paragraph 12(3)(b) of the Act is replaced by the following:

      • (b) in the case of goods, other than goods referred to in paragraph (a) or goods imported as mail, on board a conveyance arriving in Canada, by prescribed persons; and

  • — 2015, c. 27, s. 35

    • 35 Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (k):

      • (k.1) an official solely for the purpose of administering or enforcing the Firearms Act;

  • — 2017, c. 11, s. 7

    • 7 If Bill C-21, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Customs Act, receives royal assent, then, on the first day on which both section 3 of that Act and section 4 of this Act are in force, subsections 95(1) to (2) of the Customs Act are replaced by the following:

      • Report
        • 95 (1) Subject to subsection (1.1) and regulations made under paragraph (2)(a), all goods that are exported shall be reported at any prescribed time and place and in any prescribed manner.

        • Exception — entering or leaving temporarily

          (1.1) Subject to regulations made under paragraphs (2)(c) and (d), subsection (1) does not apply in respect of goods on board a conveyance

          • (a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as

            • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

            • (ii) in the case of an aircraft, the conveyance did not land while in Canada; or

          • (b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as

            • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

            • (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

        • Powers of officer

          (1.2) However, an officer may require that goods that are exempted under subsection (1.1) or regulations made under paragraph (2)(a) be reported under subsection (1).

        • Regulations

          (2) The Governor in Council may make regulations

          • (a) prescribing the classes of goods that are exempted from the requirements of subsection (1) and the circumstances in which any of those classes of goods are not so exempted;

          • (b) prescribing the classes of persons who are required to report goods under subsection (1) and the circumstances in which they are so required;

          • (c) prescribing the circumstances in which goods, or classes of goods, on board a conveyance, or a class of conveyances, are required to be reported despite subsection (1.1); and

          • (d) defining the expression “make contact with another conveyance” for the purposes of subsection (1.1) and prescribing the circumstances in which a conveyance or class of conveyances makes contact with another conveyance.

  • — 2017, c. 27, s. 63

    • 63 Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (l.2):

      • (l.3) a United States federal, state, tribal or local law enforcement agent, solely for the purpose of communicating the circumstances of detention and delivery referred to in subsection 52(2) of the Preclearance Act, 2016;

  • — 2018, c. 30, s. 1

    • 1 The heading of Part V of the Customs Act is replaced by the following:

      Collection of Information About Persons and Goods

  • — 2018, c. 30, s. 2

    • 2 The Act is amended by adding the following before section 95:

      Persons Leaving Canada

      • Information
        • 92 (1) In relation to any person who is leaving Canada or who has left Canada, the Agency may collect, from a prescribed source, in the prescribed circumstances, within the prescribed time and in the prescribed manner, the following information:

          • (a) the surname, first name and middle names, the date of birth, the citizenship or nationality and the sex of the person;

          • (b) the type of travel document that identifies the person, the name of the country or organization that issued the travel document and the travel document number; and

          • (c) the date, time and place of the person’s departure from Canada and, if the person arrives in the United States, the date, time and place of their arrival.

        • Regulations

          (2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations

          • (a) prescribing the sources from which the information may be collected;

          • (b) respecting the circumstances in which the information may be collected; and

          • (c) respecting the time within which and the manner in which the information may be collected.

      • Information given to Agency
        • 93 (1) With respect to a prescribed conveyance that departs or is expected to depart from a place inside Canada and that has a final destination outside of Canada, a prescribed person shall give the Agency, in the prescribed circumstances, within the prescribed time and in the prescribed manner,

          • (a) in relation to the conveyance or its travel route, the last place inside Canada from which it departed, regardless of whether persons boarded the conveyance at that place, the date and time of that departure and any prescribed information; and

          • (b) in relation to any person on board or expected to be on board that conveyance, the following information:

            • (i) the surname, first name and middle names, the date of birth, the citizenship or nationality and the sex of the person,

            • (ii) the type of travel document that identifies the person, the name of the country or organization that issued the travel document and the travel document number, and

            • (iii) any unique passenger reference assigned to the person by the prescribed person.

        • Notification

          (2) The Minister may issue a notification to any person who is required to give information under subsection (1) to require the person to take any specified measure with respect to the information.

        • Obligation to comply

          (3) The person to whom the notification is issued shall comply with the notification.

        • Provision of information despite restriction

          (4) Any restriction under the Aeronautics Act on the disclosure of information does not apply to a person who is required to give information under subsection (1).

        • Regulations

          (5) The Governor in Council may make regulations for the purposes of this section, including regulations

          • (a) prescribing the information that must be given under paragraph (1)(a);

          • (b) respecting the conveyances in relation to which information must be given under subsection (1);

          • (c) prescribing the persons or classes of persons who must give the information under subsection (1);

          • (d) respecting the circumstances in which the information must be given under subsection (1); and

          • (e) respecting the time within which and the manner in which the information must be given under subsection (1).

      • Retention of collected information

        93.1 Subject to section 6 of the Privacy Act, information collected under sections 92 and 93 shall be retained by the Agency for a period of not more than 15 years beginning on the day on which the information is collected.

      • Obligation to answer questions

        94 Every person who is leaving Canada shall, if requested to do so by an officer, present themselves to an officer and answer truthfully any questions asked by an officer in the performance of their duties under this or any other Act of Parliament.

      Exportation of Goods

  • — 2018, c. 30, s. 3

    • 3 Subsection 95(1) of the Act is replaced by the following:

      • Report
        • 95 (1) Subject to subsections (1.1) and (1.2) and paragraph (2)(a), all goods that are exported shall be reported at any time and place and in any manner that may be prescribed.

        • Exception — entry and departure

          (1.1) Goods that are on board a conveyance that enters and then leaves Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada are exempted from the requirements of subsection (1).

        • Exception — departure and re-entry

          (1.2) Goods that are on board a conveyance that leaves and then re-enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place inside Canada to another place inside Canada are exempted from the requirements of subsection (1).

        • Powers of officer

          (1.3) However, an officer may require that goods exempted under subsection (1.1) or (1.2) or the regulations made under paragraph (2)(a) be reported under subsection (1).

  • — 2018, c. 30, s. 4

    • 2001, c. 25, s. 58(1)
      • 4 (1) Subsections 97.25(1) and (2) of the Act are replaced by the following:

        • Detention of imported or exported goods
          • 97.25 (1) Any goods that are to be exported, that have been reported under section 95 or that have been imported, by or on behalf of a debtor, are subject to a lien or hypothec for the amount owed by the debtor and may be detained by an officer at the expense of the debtor until that amount is paid.

          • Conveyances

            (2) Any conveyance used for the importation or exportation of goods in respect of which a notice has been served under section 109.3 is subject to a lien or hypothec for the amount owed by the debtor and may be detained by an officer at the expense of the person on whom the notice was served until the amount set out in the notice is paid.

      • 2007, c. 18, s. 136(1)

        (2) The portion of subsection 97.25(3) of the Act before paragraph (a) is replaced by the following:

        • Sale of detained goods

          (3) Subject to the regulations, the Minister, on giving 30 days’ notice in writing to the debtor at the debtor’s latest known address, may direct that any good imported or to be exported, or any good reported under section 95, by or on behalf of the debtor, or any conveyance, that has been detained be sold

  • — 2018, c. 30, s. 5

    • 2001, c. 25, s. 59(3)(F)

      5 Paragraph 99(1)(c) of the Act is replaced by the following:

      • (c) at any time up to the time of exportation, examine any goods that are to be exported or that have been reported under section 95 and open or cause to be opened any package or container of those goods and take samples of those goods in reasonable amounts;

  • — 2018, c. 30, s. 6

    • 2001, c. 25, s. 61; 2005, c. 34, par. 79(c); 2013, c. 40, par. 237(1)(e)

      6 Paragraph 107(5)(i) of the Act is replaced by the following:

      • (i) an official of the Department of Employment and Social Development solely for the purpose of administering or enforcing the Employment Insurance Act or the Old Age Security Act, if the information relates to the movement of people into and out of Canada;

  • — 2018, c. 30, s. 7

    • 7 Section 159 of the Act is replaced by the following:

      • Smuggling — into Canada
        • 159 (1) Every person commits an offence who smuggles or attempts to smuggle into Canada, whether clandestinely or not, any goods that are subject to duties, or any goods the importation of which is prohibited, controlled or regulated under this or any other Act of Parliament.

        • Smuggling — out of Canada

          (2) Every person commits an offence who smuggles or attempts to smuggle out of Canada, whether clandestinely or not, any goods that are subject to duties, or any goods the exportation of which is prohibited, controlled or regulated under this or any other Act of Parliament.

  • — 2018, c. 30, s. 8

    • 2001, c. 25, s. 82(1)

      8 The portion of subsection 160(1) of the Act before paragraph (a) is replaced by the following:

      • General offence and punishment
        • 160 (1) Every person who contravenes section 11, 12, 13, 15 or 16, subsection 20(1), section 31 or 40, subsection 43(2), section 94, subsection 95(1) or (3), 103(3) or 107(2) or section 153, 155, 156 or 159.1 or commits an offence under subsection 159(1) or (2) or knowingly contravenes an order referred to in subsection 107(11)

  • — 2019, c. 1, s. 140

    • 2001, c. 26, s. 299

      140 The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following:

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