Designated Provisions (Customs) Regulations
SOR/2002-336
Registration 2002-09-24
Designated Provisions (Customs) Regulations
P.C. 2002-1558 2002-09-24
Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 109.1(3)Footnote a of the Customs ActFootnote b, hereby makes the annexed Designated Provisions (Customs) Regulations.
Return to footnote aS.C. 2001, c. 25, s. 62
Return to footnote bR.S., c. 1 (2nd Supp.)
Designation of Provisions
1 A provision of the Customs Act or the Customs Tariff or a regulation made under any of those Acts that is set out in column 1 of Schedules 1 or 2 is designated for the purpose of subsection 109.1(1) of the Customs Act.
Short-form Descriptions
2 (1) The short-form descriptions of a designated provision that is set out in column 1 of an item in Schedules 1 or 2 are the descriptions set out in column 2 of that item.
(2) Subject to subsection 109.3(4) of the Customs Act, the applicable short-form description of a designated provision shall be used on a notice of assessment referred to in subsection 109.3(1) of the Customs Act to describe a contravention of the provision.
Coming into Force
3 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Section 1 and subsection 2(1))Designated Provisions of the Customs Act and Its Regulations
PART 1
Customs Act
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 2(1.3) | Failing to keep electronic records in an electronically readable format for prescribed period |
| 2 | 3.5 | When making a payment in excess of a specified amount, failing to make the payment to the account of the Receiver General in prescribed manner and within prescribed time at a specified institution |
| 3 | 7.1 | Providing information to an officer that is not true, accurate and complete |
| 4 | 9(3) | Failing to make available to an officer prescribed records within the specified time |
| 5 | 9(4) |
|
| 6 | 11(1) |
|
| 7 | 11(3) | Failing to ensure that passengers and crew of conveyance arriving in Canada are forthwith transported to an open customs office that is designated for that purpose |
| 8 | 12 | Failing to report imported goods at prescribed time and in prescribed manner at the nearest open customs office that is designated for that purpose. |
| 9 | 13(a) | Failing to answer truthfully questions asked by an officer with respect to goods |
| 10 | 13(b) | Failing to present goods to an officer or make them available for examination by an officer in manner required |
| 11 | 14(2) | Failing to report forthwith in prescribed manner a conveyance, unloaded goods and any goods remaining on the conveyance at a customs office designated for that purpose |
| 12 | 15 |
|
| 13 | 16(2)(a) | Failing to report forthwith to an officer delivery of a wreck that has come into Canada |
| 14 | 19(1)(a) | Delivering or causing to be delivered, without authorization, goods from a customs office to another customs office or sufferance warehouse |
| 15 | 19(1)(b) | Delivering or causing to be delivered, without authorization, goods from one sufferance warehouse to another |
| 16 | 19(1)(c) | Removing or causing to be removed, without authorization, ships’ stores from a customs office or sufferance warehouse for use on board a conveyance |
| 17 | 19(1)(d) | Exporting or causing to be exported, without authorization, goods directly from a customs office or sufferance warehouse |
| 18 | 19(1)(e) | Leaving, without authorization, goods at a customs office |
| 19 | 19(1.1) | Delivering or causing to be delivered, without authorization, goods to the place of business of the importer, owner or consignee |
| 20 | 20(1) | Transporting or causing to be transported within Canada imported goods that have not been released without complying with prescribed conditions or giving prescribed security |
| 21 | 21 |
|
| 22 | 22(1) |
|
| 23 | 25 | Refusing to receive qualified goods at sufferance warehouse |
| 24 | 27 |
|
| 25 | 31 | Removing of goods from specified place that have not been released by an officer or by prescribed means |
| 26 | 32(3) | Failing to account for released goods in prescribed time and manner |
| 27 | 32(5) |
|
| 28 | 32.2(1)(a) | Failing to correct, within the 90-day period, a declaration of origin of goods in prescribed manner and form containing prescribed information |
| 29 | 32.2(1)(b) | Failing to pay duties and interest owing as a result of corrected declaration of origin of goods within the 90-day period |
| 30 | 32.2(2)(a) | Failing to correct specified declaration, within the 90-day period, in prescribed form and manner, with prescribed information |
| 31 | 32.2(2)(b) | Failing to pay duties and interest owing as a result of corrected specified declaration within the 90-day period |
| 32 | 32.3(a) | Failing to report to an officer, at the time of their diversion, the diversion of goods that were to be used as ships’ stores |
| 33 | 32.3(b) | Failing to account for, at the time of their diversion, goods that were to be used as ships’ stores in the prescribed manner and form containing prescribed information |
| 34 | 32.3(c) | Failing to pay, at the time of their diversion, the specified amount of duties on goods that were to be used as ships’ stores |
| 35 | 33 | Failing to pay duties within prescribed time where goods are released prior to payment of duties |
| 36 | 35.01 | Importing goods not marked in accordance with the regulations under Customs Tariff |
| 37 | 35.1 | Failing to furnish proof of origin of goods in prescribed form, containing prescribed information and containing or accompanied by the prescribed information, statements or proof |
| 38 | 40(1) |
|
| 39 | 40(3) |
|
| 40 | 43(2) | Failing to comply with Minister’s notice to provide documents |
| 41 | 80.2(2)(a) | Failing to report to an officer a specified failure within 90 days |
| 42 | 80.2(2)(b) | Failing to repay excess amount of abatement or refund granted and interest within the 90-day period |
| 43 | 95(1) | Failing to report exported goods at prescribed time and place and in prescribed manner. |
| 44 | 95(3)(a) | Failing to answer truthfully questions asked by an officer with respect to exported goods |
| 45 | 95(3)(b) | Failing to present goods to be exported to an officer or make them available for examination by an officer in manner required |
| 46 | 96 | Failing to report forthwith to an officer goods that were not duly exported |
| 47 | 97.1(2) | Failing to provide copy of certificate of origin of exported goods to an officer |
| 48 | 97.1(3) | Failing to immediately notify a person of correct information in respect of a certificate of origin of exported goods |
| 49 | 97.2(1) |
|
| 50 | 107.1 | Failing to provide, or provide access to, prescribed information about any person on board a conveyance in advance of, or within a reasonable time after, the arrival of the conveyance in Canada |
PART 2
Accounting for Imported Goods and Payment of Duties Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 4 | Failing to provide at specified time every document and any information required to be provided under an Act of Parliament or its regulations that prohibits, controls or regulates the importation of goods. |
PART 3
Customs Brokers Licensing Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 14(b)(i) | Failing to immediately notify chief officer of customs in writing of a change in the address of a business office at which broker transacts business |
| 2 | 14(b)(ii) | Failing to immediately notify chief officer of customs in writing of a change in the legal or business name of the partnership or corporation |
| 3 | 14(b)(iii) | Failing to immediately notify chief officer of customs in writing of a change in the membership of the partnership |
| 4 | 14(b)(iv) | Failing to immediately notify chief officer of customs in writing of a change in the officers or directors of the corporation |
| 5 | 14(b)(vi) | Failing to immediately notify chief officer of customs in writing of a change in the ownership of the business or corporation |
| 6 | 14(b)(vii) | Failing to immediately notify chief officer of customs in writing of a change in the individuals meeting the specified knowledge requirement who are employed full time |
| 7 | 14(c) |
|
| 8 | 14(d)(i) | Failing to promptly account to a client importer or exporter for funds received from the Receiver General for Canada |
| 9 | 14(d)(ii) | Failing to promptly account to a client importer or exporter for funds received in excess of duties or other charges payable to the Agency |
| 10 | 17(1)(a) | Failing to keep records and books of account indicating specified financial transactions |
| 11 | 17(1)(b) |
|
| 12 | 17(1)(c) | Failing to keep copies of all specified correspondence, bills, accounts, statements and other papers |
| 13 | 17(1)(d) | Failing to keep separately specified records, books of account and other documents relating to business transacted at a specified customs office |
PART 4
Customs Sufferance Warehouses Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 11(1)(e) | Failing to provide facilities, equipment and personnel sufficient to control access to a sufferance warehouse and to ensure the secure storage of goods stored in it |
| 2 | 12(1) | Failing to ensure goods are stored safely and securely in a designated area |
| 3 | 12(2) | Entering place in sufferance warehouse where goods are stored without written authorization or attendance of an officer |
| 4 | 12(3)(a) | Failing to have procedures to maintain the security of, and restrict access to, the sufferance warehouse |
| 5 | 12(3)(b) | Failing to have procedures to ensure that personnel are aware of and follow procedures to maintain the security of, and restrict access to, the sufferance warehouse |
| 6 | 14 | Failing to acknowledge receipt of goods in prescribed manner |
| 7 | 15(5) | Failing to provide the Agency with list of all goods not removed from the sufferance warehouse within prescribed time |
| 8 | 17 | Manipulating, unpacking, packing, altering or combining goods for a purpose that is not specified |
PART 5
Duty Free Shop Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 14(a) | Failing to ensure that goods received in a duty free shop are stored and marked in prescribed manner |
| 2 | 14(b) |
|
| 3 | 14(c) | Failing to ensure that duty free shop may be locked and sealed by an officer, on request of chief officer of customs |
| 4 | 14(d) | Failing to ensure that duty free shop may be locked and sealed during the prescribed period by an officer in event that licensee’s licence expires or is cancelled or suspended |
| 5 | 14(e) | Failing to ensure that duty free shop is kept suitable for the safe-keeping of goods stored in it |
| 6 | 16(1)(a) | Failing to acknowledge receipt of goods in prescribed manner |
| 7 | 16(1)(b) | Failing to immediately notify chief officer of customs of the receipt of goods |
| 8 | 16(2) | Failing to present required documents to chief officer of customs before goods are taken into a duty free shop |
| 9 | 17(a) | Failing to provide to chief officer of customs a summary of monthly sales and remittance of fees in prescribed form within the specified period |
| 10 | 17(b) | Failing to provide to chief officer of customs an annual report in prescribed form within the specified period |
| 11 | 19 | Selling or otherwise conveying any tobacco product to a person under the age of 18 |
PART 6
Persons Authorized to Account for Casual Goods Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 10(a) | Failing to notify Minister or designated officer in writing of change of address within two weeks of change |
| 2 | 10(b) | Failing to notify Minister or designated officer in writing of change in name within two weeks of change |
| 3 | 10(c) | Failing to notify Minister or designated officer in writing of change in ownership of business within two weeks of change |
PART 7[Repealed, SOR/2006-149, s. 2]
PART 7.1
Reporting of Imported Goods Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 13.2 | Failing to send in the prescribed manner advance notice of the time or place of arrival of a vessel in Canada or the prescribed information |
| 2 | 13.3 | Failing to send advance notice or prescribed information relating to the arrival of a vessel in Canada within the prescribed time |
| 3 | 13.4 | Failing to notify, in the prescribed manner or within the prescribed time, that the advance notice or prescribed information relating to the arrival of a vessel in Canada has changed |
| 4 | 13.5 | Failing to send in the prescribed manner the prescribed information relating to the arrival in Canada of specified goods on board a vessel |
| 5 | 13.6 | Failing to send prescribed information relating to the arrival in Canada of specified goods on board a vessel within the prescribed time |
| 6 | 13.7 | Failing to notify, in the prescribed manner or within the prescribed time, that the prescribed information relating to specified goods arriving in Canada on board a vessel has changed |
| 7 | 13.87(1) | Failing to send in the prescribed manner advance notice of the time or place of arrival of an aircraft in Canada or the prescribed information |
| 8 | 13.87(2) | Failing to send advance notice or prescribed information relating to the arrival of an aircraft in Canada within the prescribed time |
| 9 | 13.88 | Failing to notify, in the prescribed manner or within the prescribed time, that the advance notice or prescribed information relating to the arrival of an aircraft in Canada has changed |
| 10 | 13.89(1) | Failing to send in the prescribed manner the prescribed information relating to the arrival in Canada of specified goods on board an aircraft |
| 11 | 13.89(2) | Failing to send prescribed information relating to the arrival in Canada of specified goods on board an aircraft within the prescribed time |
| 12 | 13.9 | Failing to notify, in the prescribed manner or within the prescribed time, that the prescribed information relating to specified goods arriving in Canada on board an aircraft has changed |
PART 8
Transportation of Goods Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 4(1)(a) | Failing to forthwith report a damaged or broken seal |
| 2 | 4(1)(b) | Failing to forthwith report removal of goods from a damaged or disabled container or conveyance |
| 3 | 4(1)(c) | Failing to forthwith report a damaged or disabled conveyance that can no longer be used to transport goods |
- SOR/2005-304, s. 1
- SOR/2006-149, ss. 1(E), 2, 3
SCHEDULE 2(Section 1 and subsection 2(1))Designated Provisions of the Customs Tariff and Its Regulations
PART 1
Customs Tariff
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 114(1) | Failing to pay excess amount of refund or drawback and interest on day it is received |
| 2 | 118(1)(a) | Failing to report to an officer, within required period, non-compliance with conditions of relief or remission granted |
| 3 | 118(1)(b) | Failing to pay, within required period, amount of duties in respect of relief or remission granted |
| 4 | 118(2)(a) | Failing to report diversion of goods to an officer within 90 days |
| 5 | 118(2)(b) | Failing to pay amount of drawback and interest within 90 days |
| 6 | 121(1) | Failing to pay amount owing within 90 days after production of a by-product |
| 7 | 122(1) | Failing to pay amount owing within 90 days after production of merchantable scrap or waste |
PART 2
Customs Bonded Warehouses Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 11(1)(a) | Failing to provide at a bonded warehouse facilities, equipment and personnel sufficient to control access and to secure storage of goods |
| 2 | 11(1)(b) | Failing to provide at a bonded warehouse adequate space for the examination of goods by officers |
| 3 | 11(1)(c) | Failing to provide at a bonded warehouse necessary personnel and equipment to make goods available to an officer |
| 4 | 11(1)(d) | Failing to provide at a bonded warehouse necessary personnel to furnish information for audit purposes |
| 5 | 11(2) | Failing to keep bonded warehouse separate from remainder of building on request of chief officer of customs |
| 6 | 12(1)(a) | Failing to ensure that goods received in a bonded warehouse are stored safely and securely in a designated area |
| 7 | 12(1)(b) | Failing to ensure that goods received in a bonded warehouse are identified in specified manner |
| 8 | 12(2) | Entering a place where goods are stored in a bonded warehouse without written authorization or attendance of an officer |
| 9 | 13 | Receiving in or transferring from a bonded warehouse intoxicating liquor without provincial approval |
| 10 | 14(a) | Receiving domestic cigars into a bonded warehouse |
| 10.1 | 14(b) | Receiving domestic, packaged raw leaf tobacco into a bonded warehouse |
| 10.2 | 14(c) | Receiving domestic, manufactured tobacco that is not stamped into a bonded warehouse |
| 10.3 | 14(d) | Receiving domestic, non-duty paid packaged or bulk spirits into a bonded warehouse |
| 10.4 | 14(e) | Receiving domestic, non-duty paid packaged or bulk wine into a bonded warehouse |
| 10.5 | 14(f) | Receiving domestic, non-duty paid specially denatured alcohol into a bonded warehouse |
| 11 | 15 | Receiving into or removing from a bonded warehouse imported tobacco products or imported packaged spirits or wine |
| 12 | 16(a) | Receiving imported bulk spirits into a bonded warehouse |
| 13 | 16(b) | Receiving imported bulk wine into a bonded warehouse |
| 13.1 | 16(c) | Receiving imported specially denatured alcohol into a bonded warehouse |
| 14 | 17(a) | Failing to acknowledge in prescribed manner receipt of imported goods into a bonded warehouse |
| 15 | 17(b) | Failing to acknowledge in prescribed manner receipt of goods, other than imported goods, in a bonded warehouse |
| 16 | 20 | Manipulating, altering or combining goods for a purpose or activity not specified |
PART 3
Ships’ Stores Regulations
| Item | Column 1 | Column 2 |
|---|---|---|
| Designated Provision | Short-form Description | |
| 1 | 4 | Failing to place alcohol, tobacco and other goods for sale on board a ship under lock or seal when ship arrives at Canadian port and failing to keep them there while ship is in port |
| 2 | 5(1) | Failing to ensure that bar-boxes on board an international aircraft are sealed when aircraft is on the ground |
- SOR/2008-23, s. 1
- Date modified: