Vol. 143, No. 8 — April 15, 2009

Registration

SOR/2009-113 April 2, 2009

CUSTOMS ACT

Regulations Amending the Fees for Documents Regulations

P.C. 2009-501 April 2, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 107(15) (see footnote a) of the Customs Act (see footnote b), hereby makes the annexed Regulations Amending the Fees for Documents Regulations.

REGULATIONS AMENDING THE FEES FOR
DOCUMENTS REGULATIONS

AMENDMENTS

1. The long title of the Fees for Documents Regulations (see footnote 1) is replaced by the following:

FEES FOR RECORDS REGULATIONS

2. Section 1 of the Regulations and the heading before it are repealed.

3. The heading before section 2 of the French version of the Regulations is replaced by the following:

DÉFINITION

4. Section 2 of the Regulations is replaced by the following:

2. In these Regulations, “Act” means the Customs Act.

5. Section 3 of the Regulations is replaced by the following:

3. The fees referred to in sections 4 and 5 are the fees payable by persons from whom any record is obtained for the purposes of the Act, or on whose behalf any record is given to an officer for the purposes of the Act, and for whom a service referred to in those sections is provided by an official under section 107 of the Act.

6. Sections 4 and 5 of the English version of the Regulations are amended by replacing “document” with “record”.

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations)

Issue and objectives

These Regulations will amend the Fees for Documents Regulations in order to reflect amendments to the Customs Act and to harmonize the terminology with the Access to Information Act. As these are strictly administrative changes, there are no possible alternatives to be considered.

• The reference to section 108 of the Customs Act in the Regulations is replaced by section 107, as the Customs Act was amended and section 108 was repealed.
• The title of the Regulations is replaced by

“Fees for Records Regulations.”

• In section 3, the second reference to the term “officer” is changed to “official” to reflect the terminology in the new section 107 of the Customs Act.
• The word “document” is changed to “record” in the English version of the Regulations to harmonize the terminology with the Access to Information Act.

Description and rationale

The Fees for Documents Regulations prescribe the circumstances in which fees may be charged by the Canada Border Services Agency (CBSA) for making or certifying copies of documents pursuant to section 107 of the Customs Act, and the amount of such fees. Section 107 of the Customs Act provides the framework for the use, access and disclosure of customs information.

These Regulations are being amended so that the reference in the Regulations to section 108 of the Customs Act becomes a reference to section 107, as the Customs Act was amended. Section 107 came into force on November 29, 2001 with An Act to Amend the Customs Act and to make related amendments to other Acts. Sections 107 and 108 of the Customs Act were replaced with the new section 107.

The second reference to the term “officer” in section 3 of the Regulations is changed to “official” to reflect the terminology in the new section 107 of the Customs Act.

The word “document” is replaced by “record” throughout the English version of the Regulations in order to harmonize the terminology with the Access to Information Act.

As well, the title of the Regulations is being replaced by its short title.

Consultation

Since the proposed changes are strictly administrative that do not modify the substance of the Regulations, external consultations were not required. The CBSA consulted with the Department of Justice and the Treasury Board Secretariat and they are supportive of the amendments.

There will be no additional costs to the CBSA or stakeholders as a result of these administrative amendments.

Contact

Ms. Eva Fried
Acting Manager
Regulations, Corporate Secretariat
Strategy and Coordination Branch
Canada Border Services Agency
191 Laurier West, 7th Floor
Ottawa, Ontario
K1A 0L8

Footnote a
S.C. 2001, c. 25, s. 61

Footnote b
R.S., c.1 (2nd Supp.)

Footnote 1
SOR/86-1028

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).