Customs Tariff (S.C. 1997, c. 36)

Marginal note:Period and repeal

• 77.2 (1) An order made under subsection 77.1(2)

  • (a) subject to section 77.3, has effect for a period specified in the order; and

  • (b) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.

• Marginal note:Cessation

  (2) If an order is made under subsection 77.1(2) on the basis of a report of the Minister, the order ceases to have effect at the end of the two hundredth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council, on the basis of an inquiry made under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

Marginal note:Extension order

• 77.3 (1) If, at any time before the expiry of an order with respect to any goods made under this subsection or subsection 77.1(2) or under subsection 5.4(2) or (4) of the Export and Import Permits Act, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, make an extension order imposing a surtax on any goods specified in the previous order.

• Marginal note:Scope and rate

  (2) If an extension order is made under subsection (1),

  • (a) the extension order applies to goods imported into Canada, or any region or part of Canada, specified in the order during the period that the order is in effect; and

  • (b) the rate of the surtax imposed by the extension order must, subject to subsection (3),

    • (i) be at a rate specified in the extension order, or

    • (ii) be at a rate specified in the extension order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order.

• Marginal note:Maximum rate

  (3) The rate specified in the extension order may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Period and repeal of extension orders

  (4) Every extension order made under subsection (1)

  • (a) remains in effect, subject to this section, for the period that is specified in the order; and

  • (b) may, notwithstanding any other provision of this section, be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.

Marginal note:Resolution of Parliament of cessation

77.4 Notwithstanding sections 77.1 to 77.3 and 77.5 to 77.8, if a resolution directing that an order made under subsection 77.1(2), 77.3(1) or 77.6(2) cease to have effect is adopted by both Houses of Parliament, the order ceases to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order ceases to have effect, on that specified day.

Marginal note:Notice in Canada Gazette

77.5 If an order made under

• (a) subsection 77.1(2) remains in effect by reason of subsection 77.2(2), or

• (b) subsection 77.1(2), 77.3(1) or 77.6(2) ceases to have effect by reason of a resolution of both Houses of Parliament,

the Minister shall cause a notice to that effect to be published in the Canada Gazette.

Marginal note:Definitions

• 77.6 (1) The following definitions apply in this section.

  action

  action means

  • (a) any action, including a provisional action, taken

    • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

    • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

  • (b) any combination of actions referred to in paragraph (a). (mesure)

  WTO Member

  WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)

• Marginal note:Surtax — trade diversion

  (2) If at any time it appears to the satisfaction of the Governor in Council, on the basis of an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Governor in Council may, on the recommendation of the Minister, by order, make any goods originating in the People’s Republic of China, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax

  • (a) at a rate specified in the order; or

  • (b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order.

• Marginal note:Maximum rate

  (3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy diversion of trade into the domestic market in Canada.

• Marginal note:Amendment or repeal

  (4) An order made under subsection (2) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.

Marginal note:Regulations

77.7 The Governor in Council may make regulations for carrying out the purposes of sections 77.1 to 77.6 and may, by order, suspend a surtax or rate in whole or in part from application to any goods or any class of goods.

Marginal note:Decision of Governor in Council final

77.8 The decision of the Governor in Council is final on any question that may arise regarding the application of the surtax or rate imposed under sections 77.1 to 77.6.

Marginal note:Expiry date

77.9 Sections 77.1 to 77.8 cease to have effect on December 11, 2013.

Surtaxes

Marginal note:Surtax

• 78 (1) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister, that Canada’s external financial position and its balance of payments are such as to require special measures respecting Canadian imports, the Governor in Council may, by order, subject goods that originate in a country or that are entitled to any tariff treatment under regulations made under section 16, or any class of such goods, to a surtax that is in addition to the duties imposed under this Act.

• Marginal note:Amount of surtax

  (2) A surtax referred to in subsection (1) may differ in amount for different goods or classes of goods.

• Marginal note:Order ceases to have effect unless approved by Parliament

  (3) An order the period of which is longer than 180 days ceases to have effect on the one hundred and eightieth day after it is made if Parliament is then sitting or, if Parliament is not then sitting, at the end of the fifteenth sitting day of the next sitting of Parliament, unless before that day the order is approved by a resolution adopted by both Houses of Parliament.

• Marginal note:Meaning of sitting day

  (4) For the purposes of subsection (3), a day on which either House of Parliament sits is deemed to be a sitting day.

Goods in Transit

Marginal note:Goods in transit

79 An order made under any of the following provisions may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time:

• (a) subsection 53(2);

• (b) subsection 55(1);

• (c) section 60;

• (d) subsection 63(1);

• (e) [Repealed, 2020, c. 1, s. 197]

• (f) [Repealed, 2020, c. 1, s. 197]

• (g) subsection 71.01(1);

• (h) subsection 71.1(2);

• (i) subsection 71.41(1);

• (j) subsection 71.5(1);

• (k) subsection 71.6(1);

• (l) subsection 72(2);

• (m) subsection 73(1);

• (n) subsection 74(1);

• (o) subsection 74(2).

• (p) [Repealed, 2024, c. 3, s. 37]

PART 3Duties Relief

Interpretation

Marginal note:Definitions

80 The definitions in this section apply in this Part.

customs duties

customs duties, other than for the purposes of sections 95, 96, 98.1 and 98.2, means customs duties imposed under Part 2, other than surtaxes or temporary duties imposed under Division 4 of Part 2. (droits de douane)

duties

duties, other than for the purposes of section 106, means duties or taxes levied or imposed on imported goods under Part 2, the Excise Act, 2001, the Excise Tax Act, the Special Import Measures Act or any other Act of Parliament relating to customs, but for the purposes of sections 89 and 113 does not include the goods and services tax. (droits)

excise taxes

excise taxes means the taxes imposed under the Excise Tax Act other than the goods and services tax. (taxes d’accise)

goods and services tax

goods and services tax means the tax imposed under Part IX of the Excise Tax Act. (taxe sur les produits et services)

process

process, in respect of goods, includes the adjustment, alteration, assembly, manufacture, modification, production or repair of the goods. (transformation)

Marginal note:Part binds Her Majesty

81 This Part is binding on Her Majesty in right of Canada or of a province.

DIVISION 1Reduction of Rates of Customs Duty

Marginal note:Amendment of List of Tariff Provisions and the “F” Staging List

• 82 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the List of Tariff Provisions and the “F” Staging List in respect of goods used in the production of other goods or the provision of services, subject to any conditions and for any period that may be set out in the order.

• Marginal note:Repeal or amendment

  (2) At any time before the expiration of an order made under subsection (1), the Governor in Council may, on the recommendation of the Minister, by subsequent order, repeal or amend the order subject to any conditions and for any period that may be set out in the subsequent order.

• Marginal note:Maximum rate

  (3) A rate specified in an order made under subsection (1) or (2) may not exceed the rate of customs duty that would have been set out in the List of Tariff Provisions or in the “F” Staging List in respect of those goods if no order were made under this section.

• Marginal note:Retroactivity

  (4) An order made under subsection (1) or (2) may, if it so provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this section comes into force.

• Marginal note:Exception

  (5) An order made under subsection (2) that increases a rate of customs duty may not have effect in respect of a period before the date the order is published in the Canada Gazette.

• Marginal note:Regulations

  (6) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of this section.

DIVISION 2Importation without Full Payment of Duties

Reduced Value for Duty

Marginal note:Goods of heading No. 98.04

83 In the case of goods that are imported by a traveller, that are reported in accordance with regulations made under paragraph 133(f) prescribing conditions for the classification of goods under heading No. 98.04 and that, but for the fact that their value for duty as determined under section 46 of the Customs Act exceeds the maximum value specified under tariff item No. 9804.10.00, 9804.20.00 or 9804.30.00, would be classified under one of those tariff items,

• (a) in the case of goods that would have been classified under tariff item No. 9804.10.00 or 9804.20.00, the value for duty of the goods shall be reduced by an amount equal to that maximum specified value and, in the case of alcoholic beverages, vaping products and tobacco, the quantity of those goods shall, for the purposes of assessing duties other than a duty under section 54 of the Excise Act, 2001, be reduced by the quantity of alcoholic beverages, vaping products and tobacco and up to the maximum quantities specified in tariff item No. 9804.10.00 or 9804.20.00, as the case may be;

• (b) in the case of goods that would have been classified under tariff item No. 9804.30.00,

  • (i) the value for duty of the goods shall be reduced by an amount equal to the maximum value specified under tariff item No. 9804.10.00 or 9804.20.00, as the case may be, and

  • (ii) the first $300 of the value for duty shall be assessed duties under tariff item No. 9804.30.00; and

• (c) the goods shall be classified under tariff items in any of Chapters 1 to 97 and heading No. 98.26, as the case may be.