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Customs Act

Version of section 74 from 2011-08-15 to 2012-09-30:


Marginal note:Refund

  •  (1) Subject to this section, section 75 and any regulations made under section 81, a person who paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part of those duties, and the Minister may grant to that person a refund of all or part of those duties, if

    • (a) they have suffered damage, deterioration or destruction at any time from the time of shipment to Canada to the time of release;

    • (b) the quantity released is less than the quantity in respect of which duties were paid;

    • (c) they are of a quality inferior to that in respect of which duties were paid;

    • (c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential tariff treatment under NAFTA or no claim for preferential tariff treatment under CCFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);

    • (c.11) the goods were imported from Costa Rica, from an EFTA state, from Israel or another CIFTA beneficiary, from Peru or from Colombia but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA, CPFTA or CCOFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);

    • (c.2) [Repealed, 1997, c. 14, s. 43]

    • (d) the calculation of duties owing was based on a clerical, typographical or similar error;

    • (e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) of origin (other than in the circumstances described in paragraph (c.1) or (c.11)), tariff classification or value for duty in respect of the goods and the determination has not been the subject of a decision under any of sections 59 to 61;

    • (f) the goods, or other goods into which they have been incorporated, are sold or otherwise disposed of to a person, or are used, in compliance with a condition imposed under a tariff item in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or under any regulations made under that Act in respect of a tariff item in that List, before any other use is made of the goods in Canada; or

    • (g) the duties were overpaid or paid in error for any reason that may be prescribed.

  • Marginal note:Refund treated as re-determination

    (1.1) The granting of a refund under paragraph (1)(c.1), (c.11), (e) or (f) or, if the refund is based on tariff classification, value for duty or origin, under paragraph (1)(g) is to be treated for the purposes of this Act, other than section 66, as if it were a re-determination made under paragraph 59(1)(a).

  • Marginal note:Duties

    (1.2) The duties that may be refunded under paragraph (1)(f) do not include duties or taxes levied under the Excise Act, 2001, the Excise Tax Act or the Special Import Measures Act.

  • Marginal note:Claims for refund

    (2) No refund shall be granted under any of paragraphs (1)(a) to (c) and (d) in respect of a claim unless written notice of the claim and the reason for it is given to an officer within the prescribed time.

  • Marginal note:Idem

    (3) No refund shall be granted under subsection (1) in respect of a claim unless

    • (a) the person making the claim affords an officer reasonable opportunity to examine the goods in respect of which the claim is made or otherwise verify the reason for the claim; and

    • (b) an application for the refund, including such evidence in support of the application as may be prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the prescribed information within

      • (i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) or (g), four years after the goods were accounted for under subsection 32(1), (3) or (5), and

      • (ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.

  • Marginal note:Effect of denial of refund

    (4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of this Act as if it were a re-determination under paragraph 59(1)(a) if

    • (a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not eligible for preferential tariff treatment under a free trade agreement; or

    • (b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied because the origin, tariff classification or value for duty of the goods as claimed in the application is incorrect.

  • (4.1) [Repealed, 1997, c. 14, s. 43]

  • Marginal note:Effect of denial of refund

    (5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), (f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it were a re-determination under this Act of origin, tariff classification or value for duty.

  • Marginal note:Refund without application

    (6) The Minister, within four years after goods are accounted for under subsection 32(1), (3) or (5), may refund all or part of duties paid on imported goods without application by the person who paid them if it is determined that the duties were overpaid or paid in error in any of the circumstances set out in

    • (a) paragraphs (1)(a) to (c) or (d); or

    • (b) paragraph (1)(g), only to the extent that the refund is not based on tariff classification, value for duty or origin of the goods.

  • Marginal note:Duties that may not be refunded

    (7) The duties that may be refunded under subsection (6) do not include duties or taxes levied under the Excise Act, the Excise Tax Act or the Special Import Measures Act or a surtax or temporary duty imposed under Division 4 of Part II of the Customs Tariff.

  • Marginal note:Application of refund

    (8) A person of a prescribed class may apply, within four years after goods are accounted for under subsection 32(1), (3) or (5), in prescribed circumstances and under prescribed conditions, the amount of any refund to which they are entitled under this section to the payment of any amount for which they are liable or may become liable under this Act.

  • R.S., 1985, c. 1 (2nd Supp.), s. 74
  • 1988, c. 65, s. 72
  • 1993, c. 44, s. 98
  • 1996, c. 33, s. 36
  • 1997, c. 14, s. 43, c. 36, s. 175
  • 1999, c. 31, s. 71(F)
  • 2001, c. 25, s. 51, c. 28, s. 29
  • 2002, c. 22, s. 337
  • 2009, c. 6, s. 27, c. 16, ss. 34, 56
  • 2010, c. 4, s. 28
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