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Amendment to the Delegation of Powers and Duties of the Minister of Public Safety and Emergency Preparedness under the Customs Tariff

This document amends the Delegation of Powers and Duties of the Minister of Public Safety and Emergency Preparedness under the Customs Tariff document signed on , and subsequently amended, as per the attached Schedule for the purpose of items 89(4), 90(1), 90(2), 93, 95(4), 106(1), 106(4), 106(5), 108, 109(c), 113(3)(a), 117, 118(1)(b), 125 and 126(1).

This document comes into force on the date it is signed.

This .

The Hon. Dominic LeBlanc, P.C., K.C., M.P.
Minister of Public Safety and Emergency Preparedness

Schedule

The regional positions of Auditor, Senior Regional Auditor and Manager (CT-EAV-04) are added to the following delegations:

Schedule
Customs Tariff reference Description of the authorities
93 Where relief has been granted under section 89 or 92, require evidence that is satisfactory for the administration of section 95 (repayment of relief).
95(4) Receive evidence that customs duties in respect of the exportation of goods have been paid to the government of a North American Free Trade Agreement (NAFTA) country other than Canada; determine whether the evidence submitted is satisfactory; and reduce the amount of customs duties levied under subsection 95(1) in respect of goods other than goods referred to in paragraph 8 of Article 303 of NAFTA.
106(4) In respect of prescribed goods, extend the period of exportation by not more than six months where it is not practical or possible to export the goods within the period.
106(5) Waive the requirement under subsection 106(1) to provide security.
108

Refund or cancel any security given in respect of:

  • a licence issued under section 91, when the licence is cancelled
  • goods that would have been classified under tariff item No. 9993.00.00, when the goods are accounted for under section 32 of the Customs Act and all duties payable in respect of the goods are paid
  • goods of tariff item No. 9993.00.00, when the goods are destroyed in the manner directed or the destruction is certified
  • goods of any tariff item in respect of which security is required, other than goods of tariff item No. 9993.00.00, when the goods are exported
  • goods of tariff item No. 9993.00.00, when the goods are exported, destroyed, consumed or expended
  • an application for relief under section 106, if the criteria of section 108 are met
109(c) Determine the manner of destruction for the purposes of defining "obsolete or surplus goods."
113(3)(a) Require evidence to support an application for relief, refund, or drawback made under subsection 113(1).
117 Determine the sum to grant, in lieu of relief, refund, drawback, or remission, in the circumstances prescribed by section 117; with the consent of the applicant, grant the sum to the applicant in lieu of the relief, refund, drawback, or remission.
118(1)(b)

In the circumstances described in subsection 118(1), be satisfied with evidence that:

  • at the time of the failure to comply with the condition, a refund or drawback would otherwise have been granted if duties had been paid
  • the goods in respect of which the relief or remission was granted qualify in some other manner for relief or remission under this Act or the Financial Administration Act
125 Authorize persons who are required under a provision of this Act to pay interest on an amount at a specified rate to instead pay interest under that provision at the prescribed rate.

The regional position of Manager (CT-EAV-04) is added to the following delegations:

Schedule
Customs Tariff reference Description of the authorities
89(4) Determine the form and information satisfactory for the purposes of an application for relief under subsection 89(1) (duty deferral provisions).
90(1) Issue a numbered duty deferral certificate subject to the regulations made under paragraph 99(e).
90(2) Amend, suspend, renew, cancel, or reinstate a duty deferral certificate.
106(1) Fix the amount of security for the purposes of an application for relief.
126(1) Waive or cancel payment of all or any portion of any interest otherwise payable under this Part.
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