Customs Act

Marginal note:Customs facilities

• 6 (1) The owner or operator of any of the following bridges, tunnels, railways, airports, wharves or docks must provide, equip and maintain free of charge — at or near the bridge, tunnel, railway, airport, wharf or dock — adequate buildings, accommodation or other facilities for carrying out any purpose related to the administration or enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act:

  • (a) an international bridge or tunnel, for the use of which a toll or other charge is payable,

  • (b) a railway operating internationally, or

  • (c) an airport, wharf or dock that receives conveyances operating internationally, whether they are arriving in, departing from or expected to depart from Canada, and in respect of which a customs office has been designated under section 5.

• Marginal note:Clarification

  (1.1) For the purposes of subsection (1), maintain means, in addition to performing general maintenance, paying all costs related to the operation of the buildings, accommodation and other facilities, including electricity, lighting, ventilation, heating, cooling, water supply, sewage treatment, fire protection, snow removal and cleaning.

• Marginal note:Retroactive effect

  (1.2) Subsection (1.1) has retroactive effect to the day on which subsection (1) came into force and applies in respect of any action or judicial proceeding that is pending on the day on which this subsection comes into force.

• Marginal note:Rights of Minister

  (2) The Minister may

  • (a) make such improvements as the Minister considers desirable to any facilities provided pursuant to subsection (1),

  • (b) post, on or about such facilities, such signs as the Minister considers appropriate for the safe use of the facilities or for the enforcement of any law relating to the importation or exportation of goods or the international movement of persons, and

  • (c) continue to use such facilities for as long a period of time as the Minister requires,

  and no person shall interfere with any of the rights set out in this subsection.

• Marginal note:Regulations

  (3) The Governor in Council may, subject to subsection (4), make regulations determining what are adequate buildings, accommodation and other facilities for the purposes referred to in subsection (1).

• Marginal note:Retroactive effect of regulations

  (3.1) A regulation made under subsection (3) may, if it so provides, have retroactive effect and apply in respect of any pending action or judicial proceeding.

• Marginal note:Canada Labour Code

  (4) Any building, accommodation or other facility provided for the purposes referred to in subsection (1) that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed not to be adequate for those purposes.

• Marginal note:Powers of Minister

  (5) Where any building, accommodation or other facility provided pursuant to subsection (1) at or near an international bridge or tunnel is not adequate for the purposes referred to in that subsection, the Minister may, on thirty days notice to the owner or operator of the bridge or tunnel, carry out any construction or repairs on the site of the facility in order to render it adequate for those purposes.

• Marginal note:Liability for costs

  (6) The owner or operator of an international bridge or tunnel is liable for all reasonable costs incurred by the Minister under subsection (5), which costs may be recovered in accordance with sections 143 to 145.