Canada Border Services Agency Act (S.C. 2005, c. 38)
Full Document:
- HTMLFull Document: Canada Border Services Agency Act (Accessibility Buttons available) |
- PDFFull Document: Canada Border Services Agency Act [455 KB]
Assented to 2005-11-03
R.S., c. 1 (5th Supp.)Income Tax Act
120. Subsection 244(13) of the Income Tax Act is replaced by the following:
Marginal note:Proof of documents
(13) Every document purporting to have been executed under, or in the course of the administration or enforcement of, this Act over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner of Revenue or an officer authorized to exercise a power or perform a duty of the Minister under this Act is deemed to have been signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner of Revenue or the officer unless it has been called in question by the Minister or by a person acting for the Minister or Her Majesty.
R.S., c. 25 (1st Supp.)Meat Inspection Act
Marginal note:1997, c. 6, s. 72
121. The definition “inspector” in subsection 2(1) of the Meat Inspection Act is replaced by the following:
“inspector”
« inspecteur »
“inspector” means a person designated as an inspector pursuant to subsection 12(1) or (1.1);
Marginal note:1997, c. 6, s. 73
122. Subsection 12(2) of the Act is replaced by the following:
Marginal note:Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Marginal note:Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle.
1990, c. 22Plant Protection Act
Marginal note:1997, c. 6, s. 82
123. Subsection 21(2) of the Plant Protection Act is replaced by the following:
Marginal note:Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Marginal note:Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
124. (1) The definition “Commissioner” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.
(2) The definition “Minister” in section 2 of the Act is replaced by the following:
“Minister”
« ministre »
“Minister” means, in relation to sections 25 to 39, the Solicitor General of Canada and, in relation to any other provision of this Act, the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of that provision.
(3) Section 2 of the Act is amended by adding the following definition in alphabetical order:
“President”
« président »
“President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act.
125. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of currency or monetary instruments; and
126. (1) Paragraph 55(3)(b) of the Act is replaced by the following:
(b) the Canada Revenue Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;
(b.1) the Canada Border Services Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency; and
Marginal note:2001, c. 41, s. 123(1)
(2) Paragraph 55(3)(d) of the Act is replaced by the following:
(d) the Canada Border Services Agency, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act.
(3) Section 55 of the Act is amended by adding the following after subsection (3):
Marginal note:Exception
(3.1) Paragraph (3)(b) or (b.1) does not apply in respect of an offence relating to taxes or duties imposed under a prescribed Act or a prescribed portion of an Act.
127. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively:
(a) section 20;
(b) subsection 26(1);
(c) section 31;
(d) subsections 32(3) and (4);
(e) subsection 35(1); and
(f) subsection 39(2).
R.S., c. P-36Public Service Superannuation Act
128. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
Canada Border Services Agency
Agence des services frontaliers du Canada
R.S., c. R-9Royal Canadian Mint Act
129. The definition “Minister” in section 2 of the Royal Canadian Mint Act is repealed.
130. The Act is amended by adding the following after section 2:
DESIGNATION OF MINISTER
Marginal note:Power of Governor in Council
2.1 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
R.S., c. S-8Seeds Act
Marginal note:1997, c. 6, s. 88
131. Subsection 5(2) of the Seeds Act is replaced by the following:
Marginal note:Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Marginal note:Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.
R.S., c. S-15Special Import Measures Act
Marginal note:1999, c. 17, s. 180(2)
132. (1) The definition “Commissioner” in subsection 2(1) of the Special Import Measures Act is repealed.
(2) The definition “Minister” in subsection 2(1) of the Act is replaced by the following:
“Minister”
« ministre »
“Minister” means the Solicitor General of Canada;
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“President”
« président »
“President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act;
Marginal note:1999, c. 17, s. 182
133. Section 94 of the Act is replaced by the following:
Marginal note:Ruling binding
94. A ruling given by the Tribunal on the question of who is the importer in Canada of any goods imported or to be imported into Canada is binding on the President, and on every person employed by the Canada Border Services Agency in the administration or enforcement of this Act, with respect to the particular goods in relation to which the ruling is given, unless the Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts that are not available to the President at the time the Tribunal gives its ruling come to the President’s attention after it is given.
134. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively:
(a) subparagraph (b)(iii) of the definition “properly documented” in subsection 2(1);
(b) the definition “undertaking” or “undertakings” in subsection 2(1);
(c) subsections 2(7.3), (7.4) and (9);
(d) paragraph 4(2)(a);
(e) paragraph 5(b);
(f) paragraphs 6(b) and (c);
(g) subsection 7(1);
(h) subsections 8(1) to (2), (5) and (6);
(i) the portion of subsection 9.2(1) before paragraph (a);
(j) the portion of subsection 9.21(1) before paragraph (a);
(k) the portion of section 9.3 before paragraph (a);
(l) section 10;
(m) subsections 12(2) and (3);
(n) subsections 13.2(1), (3) and (4);
(o) paragraph 15(d);
(p) paragraphs 16(1)(a) to (c);
(q) paragraph 16(2)(b);
(r) sections 17 to 20;
(s) subsections 25(1) and (2);
(t) subsection 29(1);
(u) subsection 30.2(2);
(v) subsections 30.3(1) and (2);
(w) subsection 30.4(2);
(x) subsections 31(1) and (6) to (8);
(y) subsections 31.1(1) to (4);
(z) sections 32 to 39;
(z.1) sections 41 to 41.2;
(z.2) the portion of subsection 43(2) before paragraph (a);
(z.3) the portion of section 46 after paragraph (b);
(z.4) subsection 47(3);
(z.5) sections 49 and 50;
(z.6) sections 51 to 52;
(z.7) section 53;
(z.8) section 53.1;
(z.9) subsection 55(1);
(z.10) the heading before section 56;
(z.11) section 57;
(z.12) subsections 58(1.1) and (2);
(z.13) subsections 59(1) to (3.1) and (4);
(z.14) the portion of subsection 60(2) before paragraph (a);
(z.15) subsection 61(1);
(z.16) paragraph 62(1)(b);
(z.17) subsections 76.01(1) and (6);
(z.18) subsections 76.02(1) and (5);
(z.19) subsections 76.03(3) and (6) to (11);
(z.20) section 76.1;
(z.21) the definition “appropriate authority” in subsection 77.01(1);
(z.22) paragraphs (a), (b) and (d) to (f.1) of the definition “definitive decision” in subsection 77.01(1);
(z.23) the definition “appropriate authority” in subsection 77.1(1);
(z.24) paragraphs (a), (b) and (d) to (f.1) of the definition “definitive decision” in subsection 77.1(1);
(z.25) the portion of subsection 78(1) after paragraph (b);
(z.26) subsections 78(3) to (5);
(z.27) subsection 81(1);
(z.28) sections 83 and 83.1;
(z.29) paragraph 84(2)(b);
(z.30) the portion of subsection 84(3) before paragraph (a);
(z.31) subsection 84(3.1);
(z.32) sections 85 to 89;
(z.33) paragraphs 91(1)(c) to (g);
(z.34) paragraph 91(3)(b);
(z.35) sections 95 and 96;
(z.36) subsections 96.1(1) to (3) and (6);
(z.37) subsection 96.11(1);
(z.38) section 96.2;
(z.39) paragraphs 96.4(1)(a) and (b); and
(z.40) paragraphs 97(1)(k.3) and (k.4).
135. Every reference to “Commissioner” in the following provisions of the English version of the Act is replaced by a reference to “President”:
(a) the definition “prescribed” in subsection 2(1);
(b) subsection 77.011(4);
(c) subparagraph 77.012(1)(a)(ii);
(d) subsection 77.013(3);
(e) subsection 77.11(3);
(f) subparagraph 77.12(1)(a)(ii);
(g) subsection 77.13(2);
(h) the heading before section 78;
(i) paragraph 78(1)(a);
(j) subsection 78(2);
(k) subsections 79(1) and (2); and
(l) paragraph 84(1)(b).
Page Details
- Date modified: