An Act to amend the Customs Act

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Customs Act to clarify certain provisions and to make technical amendments to others. It also imposes additional requirements in customs controlled areas, amends provisions respecting the determination of value for duty, and modifies the advance commercial reporting requirements. Finally, it provides that regulations may incorporate material by reference.

Similar bills

S-2 (40th Parliament, 1st session) An Act to amend the Customs Act
C-43 (39th Parliament, 2nd session) An Act to amend the Customs Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-2s:

S-2 (2025) An Act to amend the Indian Act (new registration entitlements)
S-2 (2021) An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts
S-2 (2020) An Act to amend the Chemical Weapons Convention Implementation Act
S-2 (2016) Law Strengthening Motor Vehicle Safety for Canadians Act

Royal AssentPrivate Members' Business

June 11th, 2009 / 5:35 p.m.


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The Deputy Speaker Andrew Scheer

Order, please. I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

June 11, 2009

Mr. Speaker:

I have the honour to inform you that the Honourable Rosalie Silberman Abella, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 11th day of June, 2009 at 3:56 p.m.

Yours sincerely,

Sheila-Marie Cook

Secretary to the Governor General and Herald Chancellor

The schedule indicates the bills assented to were Bill S-2, An Act to amend the Customs Act; Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act; and Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

Business of the HouseOral Questions

May 28th, 2009 / 3:05 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am pleased to respond to my colleague's questions. Before I get to his specific questions, perhaps we will revert to the more traditional response, which is to lay out the anticipated business for the week ahead.

As members know, today we completed debate at third reading stage of Bill S-2, the customs act. We will continue and hopefully complete the second reading stage of Bill C-20, Nuclear Liability and Compensation Act. Following Bill C-20, we will call at second reading, Bill C-30, Senate Ethics Act.

Tonight the House will go into committee of the whole to consider the main estimates of the Department of Fisheries and Oceans.

Tomorrow we will begin debate on Bill C-24, Canada-Peru Free Trade Agreement Implementation Act. The back-up bills for tomorrow will be any unfinished business left over from today.

Next week we will continue with any unfinished business from this week, with the addition of Bill C-15, drug offences, which is at report stage and third reading stage.

We will also consider Bill C-32, the bill that will crack down on tobacco marketing aimed at our youth, and Bill C-19, investigative hearings and recognizance with conditions. These bills are at second reading.

As I have been doing, I will also give priority consideration to any bills that are reported back from our standing committees.

Finally, I would like to note that on Monday, June 1, at 10 a.m., there will be a memorial service in the Senate chamber to honour the memory of parliamentarians who have passed away since April 30, 2008.

As well, in response to the specific questions, the hon. opposition House leader would know full well that we just had our House leaders meeting of all four parties and their whips. I thought I took extraordinary steps to inform my colleagues about the anticipated business that I intend to call between now and the House rising on June 23. He has all of that information. He knows as well that much of this is tentative and subject to change because we do not know exactly how fast committees will move and how long debate will take in this place. Having said that, I have tried to be as transparent and as open with my colleagues as possible.

As far as specific questions about the three remaining supply days, I will be designating them in the future, although I did indicate tentative dates for all three, and the member is well aware of that information; in fact, I think it has been made public.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

May 26th, 2009 / 5:25 p.m.


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Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, it is an honour to present, in both official languages, the first report of the Standing Committee on Public Safety and National Security. In accordance with its order of reference of Tuesday, May 5, your committee has considered Bill S-2, An Act to amend the Customs Act, and agreed on Tuesday, May 26 to report it without amendment.

Business of the HouseGovernment Orders

May 26th, 2009 / 5:25 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, time is very short and I want to offer my apologies to the hon. member for Halifax West for this interruption.

There have been discussions among all parties in the chamber and I think if you were to seek it you would find unanimous consent for the following motion. I move:

That, notwithstanding the Standing Orders or usual practices of this House,

the House revert to “Presenting Reports from Committees” for the sole purpose of reporting back from committee, Bill C-29, An Act to increase the availability of agricultural loans and to repeal the Farm Improvement Loans Act and Bill S-2, An Act to amend the Customs Act; and

when Bill C-29 is reported back, it be deemed concurred in at report stage and deemed read a third time and passed; and

during the debate on May 28, 2009, on the Business of Supply pursuant to Standing Order 81(4), no quorum calls, dilatory motions or requests for unanimous consent shall be received by the Chair and, within each 15-minute period, each party may allocate time to one or more of its members for speeches or for questions and answers, provided that, in the case of questions and answers, the minister's answer approximately reflect the time taken by the question, and provided that, in the case of speeches, members of the party to which the period is allocated may speak one after the other.

Business of the HouseOral Questions

April 30th, 2009 / 3 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am very pleased that today we have already completed the second reading stage of Bill C-6, consumer product safety. We expect to conclude debate on the third reading stage of Bill C-11, human pathogens and toxins. At least, it is the hope of the government to see that bill move along.

Following Bill C-11, it is our intention to call Bill C-3, arctic waters, which is at report stage and third reading. It would be nice to see that bill move along as well and get over to the other place.

As we all know, the House is not sitting tomorrow to accommodate the Liberal Party convention. This will certainly give government members the opportunity to be back in their constituencies doing lots of hard work.

Next week, we will continue with Bill C-3, arctic waters; the second reading stage of Bill S-2, the customs act; and Bill C-4, not for profit, which was reported back from committee on April 23.

Adding to the list are two bills that are at second reading: Bill C-28, the Cree-Naskapi bill, and Bill C-26, auto theft.

I would just respond to the opposition House leader, who referred to the two departments that will be called before the chamber for committee of the whole: Fisheries and Oceans and Agriculture and Agri-Food. Of course, we will be scheduling those debates in good time and within the Standing Orders.

Opposition Motion--Canada-United States BorderBusiness of SupplyGovernment Orders

April 27th, 2009 / 4:10 p.m.


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St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I appreciate the opportunity to speak. I certainly want to congratulate the member for Sarnia—Lambton, who did an outstanding on behalf of our government in describing exactly what the state of affairs is today, not anything around speculation, not anything around innuendo, but based solely on facts. That is how she works in her riding, and that is how she proves to be an effective member of Parliament here in Ottawa.

I certainly appreciate the opportunity to respond to motion from the member for Ajax—Pickering. I would like to comment on the degree to which the Canada Border Services Agency has implemented programs to improve border security and to expedite the flow of people and goods.

As other speakers have noted, the CBSA manages the border access of people and goods to defend Canada's sovereignty, security, health and prosperity. The border plays a dual role of assistance and security. In other words, efficient borders support immigration, trade and tourism; and smart and secure borders keep criminals and other dangerous elements out of our country. The challenge is to find the appropriate balance of border enforcement in a shifting and dynamic global environment.

The programs implemented or planned at the border reveal several strategies: First, they obtain advance information to permit risk assessment; second, they stream the low risk people and goods to allow border services officers to focus on higher risks; and third, they use technology to better identify people and examine goods.

Improvements to border programs are ongoing. In fact, the House has just received Bill S-2, passed through the Senate, that seeks to amend the provisions of the Customs Act to further support the government's strategy to strengthen security and emphasize and facilitate trade.

In the bill, two key amendments are being proposed that fully implement two programs: first, the advance commercial information initiative; and second, the customs controlled areas.

In 2004 and 2006, the CBSA implemented the advance commercial information initiative in the marine and air modes of transportation, requiring carriers to provide electronic information on cargo destined to Canada within advanced timeframes. In 2007, the CBSA commenced development of eManifest, the third phase of the advance commercial information initiative.

Amendments are being requested to the act to require that advance information be provided electronically and in advance by all participants or links in the trade chain. Requirements already faced by the marine and air modes of transportation will be extended to highway and rail carriers, freight forwarders and importers, allowing the CBSA to rigorously risk assess all cargo prior to its arrival at Canada's borders and minimizing the processing required upon arrival.

Bill S-2 also firms up requirements for the advance passenger information/passenger name record program, which allows for the pre-arrival risk assessment of traveller data that is transmitted by commercial air carriers.

The amendments will also provide border services officers the flexibility to examine persons and goods within the designated customs controlled areas, where most internal conspiracies occur. This will allow for a greater focus on areas of risk and of persons of interest. It will help improve the security of Canadians by enhancing the CBSA's ability to confiscate contraband and other illegal items on docks, airport tarmacs and rail yards before they reach the streets of all our communities.

Let me briefly outline other initiatives that have been undertaken to modernize border management and produce a safe, secure and accessible border.

The NEXUS program is a joint initiative of the CBSA and U.S. Customs and Border Protection. This initiative is designed to expedite the border clearance process for pre-approved, low risk travellers into Canada and the United States. NEXUS followed on the CANPASS programs, domestic initiatives that were similarly designed to streamline and expedite the border clearance process for pre-approved, low risk travellers into our country.

NEXUS continues to be a great example of what can be achieved, working with the U.S., to more efficiently process low risk travellers, allowing more focus on higher or unknown risk people.

NEXUS has now been implemented at all major Canadian airports and harmonized across the air, land and marine modes.

The CBSA's use of iris recognition technology and the NEXUS air system is on the leading edge. Members simply step up to a small kiosk where an innovative iris recognition tool can verify the traveller's identity based on 266 characteristics.

The CBSA is also developing biometric technologies, which are options to further assist our officers in verifying traveller identification through the capture of fingerprints and electronic photos.

The agency is looking at the use of biometric data capture for temporary resident visitors, students, and foreign workers requiring visas, to assist officers in the process of verification of traveller identification.

Fingerprints and photo data will be captured overseas at the time of the visa application. This biodata will be used to verify previous infractions against the applicant to assist in the application's approval or denial process. It will also be used at the time of actual applicant entry into Canada to confirm the visitor's identity to that of their actual visa.

Continuing this type of innovation, later this year CBSA will introduce new self-serve border kiosks at the Vancouver International Airport. These kiosks will pilot automated border clearance, a new, secure and innovative service designed to accelerate passenger screening and border processing.

A similar need, served by NEXUS for travellers, existed in the trade realm. With more than $700 billion in goods crossing the border every year, finding innovative ways to identify and efficiently facilitate low-risk goods is vital to Canada's prosperity and our economic competitiveness.

The customs self-assessment program accounts for approximately 20% of the national value for duty of imports and allows importers to use their own business systems and processes to trigger trade data and revenue reporting, saving them both time and money.

The free and secure trade program, or FAST, is similar to customs self-assessment but is the result of the smart border declaration between Canada and the United States. Under the free and secure trade program, both countries cooperated to simplify border crossing for pre-approved low-risk importers, highway carriers and commercial drivers.

Special attention is being placed on marine port security. The harmonized risk scoring and advanced trade data initiative is enhancing the CBSA's ability to identify risk within the marine commercial supply chain by developing brand new risk assessment tools.

The CBSA is harmonizing these requirements with U.S. customs and border protection to create increased border security without imposing competing sets of requirements on the North American trade community. We want security, but we want trade. We want a strong economy and we want to be able to continue to develop those with our partners in the United States.

The CBSA has invested significantly in detection technologies to meet the demands of securing Canada's border. Effective, non-intrusive inspection technology includes the application and development of mass spectrometry and other techniques to identify trace amounts of narcotics and explosives, density metres that discover hidden walls, counterfeit detection equipment, and remote-operated vehicles to inspect ships' hulls.

The mobile vehicle and cargo inspection system, a truck-mounted gamma ray scanning system that scans marine containers, rail cars or trucks quickly and safely, helps officers to detect hidden compartments, contraband, weapons and other potentially dangerous goods. We have one at our borders in the Greater Niagara area, both in Buffalo and it can be transferred from the Peace Bridge to the Rainbow Bridge, providing very effective use.

The Canadian government has stressed its support for these objectives underlying the U.S. western hemisphere travel initiative. The CBSA has been part of the overall federal effort on the WHTI file to ensure Canadians are well informed and prepared for new requirements, and that the WHTI is implemented as smoothly as possible. The government has also been supportive of provincial efforts to develop WHTI compliant enhanced driver's licences in our country.

In summary, the CBSA is a world leader in applying innovative solutions that assist in both improving border security and facilitating the flow of goods. We are good partners with our friends in the United States.

Business of the HouseOral Questions

April 2nd, 2009 / 3 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, today, Bill S-3, the energy efficiency bill, was read a second time and referred to the Standing Committee on Natural Resources.

Just before question period, we were debating Bill C-13, the Canada Grain Act, but it appears the coalition of the Liberals, the NDP and the Bloc has been revived and it is supporting a motion that, if adopted, will defeat that bill. It is proposing to kill the bill before it even gets to committee. It is unfortunate that the coalition's first act is to abdicate its role as legislators by denying close scrutiny and study of a bill at a committee.

After my statement, the government will be calling Bill C-5, Indian oil and gas, followed by Bill C-18, the bill respecting RCMP pensions, which is at second reading.

Tomorrow, we will continue with the business that I just laid out for the remainder of today.

When the House returns on April 20, after two weeks of constituency work, we will continue with any unfinished business from this week, with the addition of Bill C-25, the truth in sentencing bill, Bill C-24, the Canada-Peru free trade agreement, Bill C-11, human pathogens and toxins and Bill C-6, consumer products safety. We can see we have a lot of work to do yet. All of these bills are at second reading, with the exception of Bill C-11, which will be at report stage.

During the first week the House returns from the constituency weeks, we expect that Bill C-3, the Arctic waters bill will be reported back from committee. We also anticipate that the Senate will send a message respecting Bill S-2, the customs act. If and when that happens, I will be adding those two bills to the list of business for that week.

Thursday, April 23, shall be an allotted day.