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Delegation of the Powers, Duties, and Functions of the President of the Canada Border Services Agency and Designation of Officers under the Customs Act

Pursuant to subsection 2(3) of the Customs ActFootnote1 and subsections 9(1) and 9(2) of the Canada Border Services Agency ActFootnote2,

  1. I hereby authorize a person holding the position of Executive Vice-President, Vice-President, Associate Vice-President of the Canada Border Services Agency, or a person authorized to exercise the powers or perform the duties and functions of one of those positions, to exercise the powers of the President of the Canada Border Services Agency under the provisions of the Customs Act set out in the attached Schedule;
  2. I hereby authorize an officer holding a position listed in the attached Schedule, or a person authorized to exercise the powers or perform the duties and functions of that position, to exercise the powers or perform the duties and functions of the President of the Canada Border Services Agency under the provisions of the Customs Act set out in the attached Schedule;
  3. I hereby authorize the person who has the direct supervisory responsibility of an officer or person authorized under paragraph 2, in respect of the position held by that officer, to exercise the powers or perform the duties and functions of the President of the Canada Border Services Agency under the provisions of the Customs Act set out in the attached Schedule.
  4. I hereby designate the following persons as an officer as defined in subsection 2(1) of the Customs Act to exercise the powers or perform the duties and functions of an officer under the Customs Act as specified in the attached Schedule:
    1. A person, or person within a class of persons, holding a position listed in the attached Schedule, or a person authorized to exercise the powers or perform the duties and functions of that position; and,
    2. The person who has the direct supervisory responsibility of an officer designated under subparagraph 4(a) to exercise the powers or perform the duties and functions of that officer.

This instrument replaces previous delegation and designation instruments and comes into force on the date on which it is signed.

Dated at Ottawa, Province of Ontario, the 9th day of January, 2017.

John Ossowski
President
Canada Border Services Agency

Schedule

Section 3.3(1)

Designation - Authority to waive or cancel interest and/or penalty (late accounting).

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Operations Branch

Regions

Section 3.3(1)

Designation - Authority to waive or cancel interest and/or penalty (other than late accounting).

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Operations Branch

Regions

Section 3.4

Designation - Authority to:

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 32(7)

Designation - Authority to authorize a non-resident, instead of importer or owner of goods, to account for goods under section 32.

National Headquarters

Programs Branch

Regions

Section 33.2

Designation - Authority to, by notice, require a person to account within time and manner described in paragraph 32(1)(a) for goods designated in the notice.

National Headquarters

Programs Branch

Regions

Section 33.5

Designation - Authority by notice, to require a person to pay amount owing as duties on goods, within a reasonable time, as stipulated in the notice.

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 33.7(1)

Designation - Authority to extend in writing, the time for accounting or payment of amount owing as duties.

National Headquarters

Programs Branch

Regions

Section 35.02(2)

Designation - Authority to:

National Headquarters

Corporate Affairs Branch

Regions

Section 42(2)

Designation - Authority to perform inspections for any purpose related to the administration or enforcement of the Customs Act as described under paragraphs 42(2)(a) to (d).

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 42.01

Designation - Authority to:

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 42.1(1)

Designation - Authority to:

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 42.1(1.1)

Designation - Authority to conduct a verification of origin of goods for which preferential tariff treatment under the CEFTA is claimed.

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 43.1(1)

Designation - Authority to, before goods are imported, give an advance ruling with respect to matters described under paragraphs 43.1(1)(a) to (c), excluding those requests involving a tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Regions

Section 43.1(1)

Designation - Authority to, before goods are imported, give an advance ruling with respect to matters described under paragraphs 43.1(1)(a) to (c)in respect of those requests involving a tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 57.01(1)

Designation - Authority to make a determination as to whether the goods have been marked in the manner referred to in section 35.01.

Regions

Section 58(1)

Designation - Authority to determine the origin, tariff classification and value for duty of imported goods at or before the time they are accounted for under subsection 32(1), (3) or (5), excluding goods involving a tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Programs Branch

Regions

Section 58(1)

Designation - Authority to determine the classification of goods under tariff item no. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Regions

Section 59(1)

Designation - Authority to re-determine the origin, tariff classification, value for duty or marking determination of any imported goods in the case of a determination under section 58, excluding goods involving a tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Programs Branch

Regions

Section 59(1)(a)(ii)

Designation - Authority to re-determine the origin, tariff classification, value for duty or marking determination of any imported goods at any time within four years after the date of the determination, excluding goods involving a tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Programs Branch

Regions

Section 59(1)(a)(ii)

Designation - Authority to re-determine a decision made under section 58 of the Customs Act respecting the classification of goods under tariff item No. 9899.00.00 within four years after the date of the determination, if the Minister considers it advisable to make the re-determination.

National Headquarters

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 60(4)

Delegation - On receipt of a request under section 60 of the Customs Act, excluding those requests involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff, authority to:

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate

Section 60(4)

Delegation - On receipt of a request under section 60 of the Customs Act involving goods classified under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff, authority to:

National Headquarters

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 60(5)

Delegation - Authority to issue a written notice of a decision made under subsection 60(4) of the Customs Act to the person who made the request.

National Headquarters

Corporate Affairs Branch

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 60.1

Delegation - Authority to:

issue a written notice of the decision made to the person who made the application.

National Headquarters

Corporate Affairs Branch

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 61(1)

Delegation - In accordance with this subsection, excluding subparagraphs 61(1)(a)(ii), 61(1)(b)(i) and 61(1)(b)(ii), authority to re-determine or further re-determine the origin, tariff classification, value for duty or marking determination of imported goods, excluding those involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Corporate Affairs Branch

Section 61(1)

Delegation - In accordance with subparagraphs 61(1)(a)(i), 61(1)(a)(iii) and 61(1)(c)(i) of the Customs Act, authority to re-determine or further re-determine the tariff classification of imported goods classified under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.

National Headquarters

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 61(2)

Delegation - Authority to issue a written notice of a decision made under subsection 61(1) of the Customs Act to the prescribed persons.

National Headquarters

Corporate Affairs Branch

Programs Branch

(Only for goods involving tariff classification under tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.)

*Restricted to persons working in the Traveller Compliance Unit

Section 97.201(2)

Designation - Authority to:

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Section 97.201(4)

Delegation - Authority to give notice of a decision made under paragraph 97.201(3)(b).

National Headquarters

Corporate Affairs Branch

Programs Branch

Regions

Senior Officer Trade Compliance

Section 127.1(1)

Designation - Authority to cancel a seizure made under section 110 of the Customs Act.

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Operations Branch

Regions

Section 127.1(1)

Designation - Authority to cancel or reduce a penalty assessed under section 109.3 of the Customs Act.

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Operations Branch

Regions

Section 127.1(1)

Designation - Authority to cancel or reduce an amount demanded under section 124 of the Customs Act.

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Operations Branch

Regions

Section 127.1(1)

Designation - Authority to refund an amount received under any of section 117 to 119 of the Customs Act.

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Programs Branch

Operations Branch

Regions

Section 141(1)

Delegation - Authority to direct that:

National Headquarters

Corporate Affairs Branch

*Subject to guidelines established by the Director General, Recourse Directorate.

Section 163.4(1)

Delegation - Authority to designate an officer for the purposes of Part VI.1 of the Customs Act and shall furnish the officer with a certificate of designation.

National Headquarters

Regional Director General



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