CBSA Subordinate Remission Policy: Service fees for customs brokers licence fees CBSA Subordinate Remission Policy
1. Effective date
1.1 The Canada Border Services Agency's (CBSA) Subordinate Remissions Policy for Customs Broker Licence Fees takes effect . This policy explains how the agency refunds customs broker licence fees or charges when our service standards are not met.
1.2 This policy applies to fees for the processing of customs broker licence applications received by the CBSA on or after .
2. Application
2.1 This policy applies to Customs Broker Licence fees administered by the CBSA that are subject to remissions under the Service Fees Act.
2.2 In particular, this policy pertains to fees and related services (“applications”) listed in the Customs Brokers Licensing Regulations and to the associated service standards, where the CBSA determines the service standard was not met and considers a remission to a fee-payer of a portion of a fee paid in respect of the service.
2.3 This policy is consistent with, and subordinate to, the CBSA Remissions Policy.
3. Remission considerations
For determining whether a service standard is not met and whether a remission is warranted, the agency will consider the following:
3.1 The proportion by which the standard is not met;
3.2 The impact on the fee-payer of the standard not being met;
3.3 Any circumstances beyond the CBSA's control that may impact its ability to meet the standard; and
3.4 Any role that the fee-payer may play in the standard not being met.
4. Remission criteria
| Remission | 25 percent of fee paid | 50 percent of fee paid |
|---|---|---|
Degree that the service standard was not met |
Service standard missed by 45 days or less |
Service standard missed by more than 45 days |
4.1 The existing service standard states that licence applications are processed within 3 months (90 days) of receipt of a complete application.
4.2 Remissions will be automatically issued by the agency in accordance with the Service Fees Act and the Directive on Charging and Special Financial Authorities.
4.3 Clients who may be entitled to a remission are not required to apply.
4.4 The remission amount will be calculated by multiplying the remission rate by the total fee for the affected service.
4.5 Remission amounts will be rounded up to the nearest dollar.
4.6 Processing times for the service standard are tracked by the CBSA's Commercial Registration Unit and monitored by the program area(Licensing Unit).
4.7 The CBSA's Commercial Registration Unit will advise clients who are entitled to a service fee remission based on this policy and will take the steps necessary to initiate a refund.
4.8 For the fee remission, a cheque or deposit to the client's account (if they have an account set up with the CBSA) will be issued to the client based on the latest client information available to the program.
4.9 All remissions will be completed before July 1 of the following fiscal year (April 1 to March 31).
4.10 This remission policy also does not apply for applications processed in unusual or exceptional circumstances that may impact regular operations, result in an unforeseeable and significant influx of applications, or result in loss of staff, loss of facility (partial or full), or loss of communications or network capabilities.
5. Monitoring and reporting
5.1 Reporting on this service fee remissions will be completed annually in the agency's 2019 to 2020 Fees Report, in accordance with Treasury Board policy and direction.
6. References
6.1 Legislation: Service Fees Act
6.2 Legislation: Financial Administration Act
6.3 Regulation: Low-materiality Fees Regulations
6.4 Regulation: Customs Brokers Licensing Regulations
6.5 Treasury Board: Directive on Charging and Special Financial Authorities
7. Inquiries
7.1 For interpretation, clarification, inquiries, or complaints regarding this remission policy, contact cbsa.licensing_unit-unite_agrements.asfc@cbsa-asfc.gc.ca and/or access the CBSA's online compliments, comments and complaints.
Appendix A: Definitions
Fee means an amount—called a fee, charge, levy or by any other name—that, in relation to a federal entity, is fixed by the Governor in Council, the Treasury Board, a minister or the federal entity under a power conferred by an act of Parliament or a capacity to contract and is payable for the
- provision of a service
- provision of the use of a facility
- conferral, by means of a licence, permit or other authorization, of a right or privilege
- provision of a product
- recovery, in whole or in part, of costs that are incurred in relation to a regulatory scheme
Fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
Remission means a partial refund of a fee paid for a service for which the department determines the service standard was not met.