By Benjamin P. Bedard, Paul D. Conlin, Denis Gascon, Jason P.T. McKenzie, Gregory O. Somers and Richard Wagner
Originally published October 2004
The Reporting of Exported Goods Regulations (2004), which are expected to be brought into force in November 2004, introduce changes in the manner that goods exported from Canada must be reported. These changes affect all exporters, customs brokers and carriers in Canada.
Under the proposed Regulations, exporters will have to report, in writing, specific details concerning the particular goods destined for export and the location of export to the Canada Border Services Agency ("CBSA") within prescribed time frames in advance of export, except in cases where they are specifically exempt from the reporting requirements. If the export of goods is subject to other regulation or export controls, the exporter will also have to provide evidence to the CBSA that the export of its goods is permitted.
The proposed Regulations also address new responsibilities of carriers and customs service providers with respect to the reporting of exported goods:
In most cases, carriers will be required to submit carrier export reports to the CBSA prior to the export of the goods. However, where a carrier can establish that it is transporting goods that will be properly reported by the exporter of those goods, the carrier will be permitted to submit its report at a prescribed time following export.
Customs service providers, such as freight forwarders, will be required to report exported goods when requested to do so by a CBSA official prior to export.
The purpose of the proposed Regulations is to minimize and manage risk and to allow the CBSA to focus enforcement efforts on receiving information prior to the export of goods.
As noted, under the new Regulations, in most cases, exporters will have to report exported goods within specific time frames. To ensure that these time frames are met, many exporters may choose to ease the burden of the new reporting requirements by automating their export reporting using the electronic Canadian Automated Export Declaration ("CAED").
The Canadian Government has invited comments on the proposed Regulations from interested parties. The Government expects that the new Regulations will come into effect in mid to late November, at which time the current Reporting of Exported Goods Regulations will be repealed. It is anticipated that the CBSA will work out phased implementation dates in consultation with the exporting community.
The purpose of this document is to provide information as to developments
in the law. It does not contain a full analysis of the law nor does it
constitute an opinion of Ogilvy Renault or any member of the Firm on the
points of law discussed.
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Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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