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Vol. 139, No. 19 — September 21, 2005

Registration
SI/2005-77 September 21, 2005

FINANCIAL ADMINISTRATION ACT

Order Amending the Settlers' Effects Acquired with Blocked Currencies Remission Order

P.C. 2005-1500 August 31, 2005

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 23(2) (see footnote a) of the Financial Administration Act, hereby makes the annexed Order Amending the Settlers' Effects Acquired with Blocked Currencies Remission Order.

ORDER AMENDING THE SETTLERS' EFFECTS ACQUIRED WITH BLOCKED CURRENCIES REMISSION ORDER

AMENDMENTS

1. (1) The definition "settler" in section 2 of the Settlers' Effects Acquired with Blocked Currencies Remission Order (see footnote 1) is replaced by the following:

"settler" means any person who enters Canada with the intention of establishing, for the first time, a residence for a period of not less than 12 months, but does not include a person who enters Canada for the purpose of

(a) employment for a period not exceeding 36 months,

(b) studying at an educational institution, or

(c) performing preclearance activities on behalf of the Government of the United States under the terms of the Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America, signed January 18, 2001. (immigrant)

(2) The definition "goods" in section 2 of the English version of the Regulations is replaced by the following:

"goods" means household and personal effects imported by a settler for the settler's use but not for use by the settler in a business or manufacturing establishment or as a contractor's outfit; (marchandises)

2. Paragraph 3(b) of the English version of the Regulations is replaced by the following:

(b) the goods are imported by the settler from the country from which the settler emigrated to Canada where they were purchased by the settler or on the settler's behalf with funds that were on deposit in that country to the settler's credit at the time the settler emigrated.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Settlers' Effects Acquired with Blocked Currencies Remission Order outlines the conditions under which settlers who emigrate to Canada from a country that applies restrictions on the transfer of capital may import goods purchased with blocked currencies on deposit in that country at the time of emigration without the payment of duties.

These amendments

(a) exclude from the definition "settler" those persons who enter Canada for the purpose of performing preclearance activities on behalf of the Government of the United States under the terms of the Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America; and

(b) render the language of the Order gender neutral.

The amendment referred to in paragraph (a) is required to harmonize the definition "settler" with other instruments pertaining to settlers.

Footnote a

S.C. 1991, c. 24, s. 7(2)

Footnote 1

C.R.C., c. 790


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