How to request a modification to a submitted ruling in the CARM Client Portal.
Welcome to this video on how to request a modification to a submitted ruling in the CARM Client Portal.
In this video, you will learn:
- Different scenarios where a modification to a submitted ruling may be required.
- As well as the process to submit a modification request.
Let us begin!
First, let’s review a few details that are helpful to know for this process.
Modifications to an existing ruling can be requested in certain circumstances, including clerical errors, court decisions, or a change or omission to the facts or circumstances on which the ruling was based.
Note that this is not the same thing as an “Appeal.”
Appeals will not be covered in Release 1 of the CARM Client Portal.
Continue to use the existing processes to submit your appeals.
Remember to verify the account number in the upper right corner of the Home page and switch to the desired account if necessary.
You can access the Rulings page either by clicking the Rulings link near the top of the Home page, or by clicking “Rulings” in the Menu.
In both cases, you will need to click “Rulings” again.
For this video, we will use Rulings from the Menu.
Click on “Rulings” to access the link.
Then click on the “Rulings” link to access the page.
Once on this screen, scroll down to find the “List of Rulings.”
Pay close attention to the “Status” column, as this will tell you which rulings you can request modifications for.
Modifications can only be requested for rulings that have the status “Decision Rendered.”
If the “Modify” button has a black pen icon, then a modification can be requested.
If it is greyed out, then you will be unable to do so.
You cannot request a modification to a ruling request that has a status of “Submitted” or "Assigned.”
To make a change to a ruling request that has been “submitted,” but for which a decision has not yet been rendered, the only option is to withdraw the ruling request and start over.
This is important if the ruling request was made under an incorrect account or incorrect BN15.
In our next segment, we will cover when and under what circumstances you can request a ruling modification.
You can only modify a ruling that has a decision rendered status.
Here are some scenarios when this may be necessary:
- A court decision may have affected how the goods are to be imported. For example, there may be requirements around the packaging, the labelling, the valuation, and so on.
- Or, there may have been a change to the laws of Canada by an Act of Parliament that directly affects the goods.
- Alternatively, there may have been a change to the material facts or material circumstances on which the ruling is based, such as a change in the composition of the goods.
While these might seem like small issues, remember that a ruling is a legal decision, so such issues may invalidate the ruling unless the change is documented in the system.
Next, let’s review the process to submit a ruling modification request.
Go to the Rulings page.
Find the ruling you want to modify.
Ensure it has a status of “Decision rendered,” otherwise you will not be able to make modifications.
Click on the “Modify” icon in the “Actions” column.
Specify the provision under which you need to make this request:
- Is the modification necessary to comply with a new law or with a court decision?
- Is it to change a material fact under which the ruling was originally issued?
- Is there some another reason?
Check any of the appropriate boxes.
Select multiple boxes if more than one reason applies.
Write a detailed description for the change, and why changes may be required. Include legal case numbers, references to statutes, or anything else appropriate.
If relevant, include a link to a web page or to downloadable documents that support your request.
This step is optional but recommended.
Click on the “Submit” button.
This will take you to a confirmation screen.
You will now have the option to upload documents from your computer to support your request.
Click on the “Add attachment(s)” button to do so.
To upload a file, click the large field to navigate to the file on your computer, or drag-and-drop the file from your computer to the field.
Accepted file formats are displayed here.
Specify the document type in the pull-down menu.
Upload the document from your local machine.
Clicking the “Upload” button completes the process.
If you would like to view the details of your submission however, click the “View confirmation” button.
This confirmation screen indicates that your files have been successfully submitted.
If you have additional documents to include, click the “Upload a document” link to repeat the process.
Or, click here to return to the Rulings Requests page.
Here are some key points to remember.
- The CBSA allows you to request modifications to submitted rulings to confirm their continued validity.
- A modification request is not the same thing as an appeal.
- You can only modify a ruling that already has a decision rendered.
- And finally, always submit modification requests with as much information as possible by linking to relevant information or attaching supporting documents.
Thank you for watching!
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