CBSA Amends Break-Bulk Carrier ACI Exemption Procedures
The Canada Border Services Agency has issued regulations amending the procedures for break-bulk carrier exemptions to the Advance Commercial Information (ACI) requirements for inbound cargo, which are contained in its Reporting of Imported Goods Regulations. CBSA states that the amendments are of an administrative, non-substantive nature and were made in response to a request from the Standing Joint Committee on the Scrutiny for Regulations (SJCSR).
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The amendments come into force on the day on which they are registered.
(Canada’s ACI requirements, which began in 2004, mandate advance reporting timeframes for inbound cargo with separate phases for marine, air, and land cargo. See ITT’s Online Archives or 10/15/10, 03/11/04 and 10/21/03 news, [Rerf:10101562], 04031100 and 03102110, for BP summaries of Canada’s ACI requirements.)
Exemptions from ACI Can be Issued for Break-Bulk Carriers
The regulations amend Sections 13.8, 13.83, 13.85, and 13.86 of the Reporting of Imported Goods Regulations, which are on the ACIexemptions that the Minister of Public Safety and Emergency Preparedness (Minister) can issue to the owner or person in charge of a vessel that transports break-bulk goods if the applicant submits an application in writing containing certain information; the applicant is of good character; and it is reasonable to believe that, in respect of the break-bulk goods to be transported by the applicant, the applicant will comply with all the necessary requirements of Canada’s Customs Act. The regulations also deal with refused applications, and the suspension and cancellation of issued exemptions.
Exemptions Will be Suspended/Canceled if Info Inaccurate or Incomplete
Sections 13.83 and 13.84 are being amended to state that the Minister shall (not may) suspend or cancel an exemption for break-bulk carriers to provide ACI if the information in the exemption is inaccurate or incomplete. This change is being made because the SJCSR does not believe the Minister has the discretion to refuse to carry out a suspension or cancellation.
Those that Request Reconsideration Will Receive a Review & Response
Section13.86, which is on the ability of a person whose application for an exemption is refused or whose exemption is suspended or cancelled to request a review of the decision by sending a written notice of their request to the Minister, is being amended to add that the Minister shall review the decision and, as soon as feasible, send a written notice of the review with reasons to the person at their latest known address. The SJCSR felt this change was necessary because the current provision fails to mention that the Minister will review the request and provide aresponse to the person.
(See notice for other non-substantive such as replacing “air conveyance” with “air cargo” to harmonize the English and French versions of the Regulations.)
Reporting of Imported Goods Regulations available here.