Vol. 149, No. 9 — May 6, 2015
SI/2015-31 May 6, 2015
JOBS AND GROWTH ACT, 2012
Order Fixing the Day on which this Order is published as the Day on which Sections 264 and 266 of the Act Come into Force
P.C. 2015-442 April 23, 2015
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 268 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada, 2012, fixes the day on which this Order is published in the Canada Gazette, Part II, as the day on which sections 264 and 266 of that Act come into force.
(This note is not part of the Order.)
Pursuant to section 268 of the Jobs and Growth Act, 2012 (the Act), to fix the date on which this Order is published in the Canada Gazette, Part II, as the coming into force date of sections 264 and 266 of the Act, assented to on December 14, 2012.
This Order in Council will allow the Canada Border Services Agency (CBSA) to make regulatory amendments mandating that all trade chain partners provide Advance Commercial Information (ACI) to the CBSA, thereby enhancing security through a risk assessment of all the pertinent information relating to goods in advance of their arrival in Canada. At the same time, trade facilitation will be improved, as those commercial goods deemed low risk will benefit from a more efficient border clearance process.
The ACI program is about providing CBSA officers with electronic pre-arrival information so that they are equipped with the right information from the right party, at the right time to identify health, safety and security threats related to commercial goods before the goods arrive in Canada. The ACI program supports three of the CBSA’s strategic priorities: targeting high risks as early as possible in the supply chain continuum, offering expedited border processing for commercial goods determined to be low risk, and improving the consistency and predictability of service delivery to stakeholders.
The first phase of ACI was implemented in 2004 and established advance electronic information requirements for commercial goods in the marine mode by requiring marine carriers to transmit prescribed information electronically to the CBSA 24 hours before the goods are loaded onto the vessel at the foreign port or 24 hours prior to the vessel’s arrival at a port in Canada, depending on the type and origin of the goods.
The second phase of ACI was implemented in the air mode in 2006 and required commercial air carriers, where applicable, to transmit prescribed information to the CBSA electronically four hours prior to arrival in Canada. This phase also expanded information requirements in the marine mode for goods loaded in the United States.
Although advance electronic reporting requirements were implemented in the marine and air modes of transportation in phases 1 and 2 of ACI, they did not extend to the highway and rail modes of transportation.
The third phase of ACI (eManifest) will introduce amendments that
- a. establish advance electronic information requirements in the highway and rail modes; and
- b. support and enhance ACI processes in the marine and air modes.
The eManifest initiative represents a move towards a comprehensive electronic commercial reporting environment. It will ensure that all goods coming into Canada are assessed for risk consistently, electronically, and in advance of arrival.
However, section 12.1 of the Customs Act must first be brought into force to provide the Governor in Council with the authority to make the regulatory amendments necessary for the implementation of eManifest.
Section 264 of the Act amends the definition of “carrier code” found at subsection 2(1) of the Customs Act.
Section 266 of the Act amends section 12.1 of the Customs Act to codify the fact that commercial carriers and freight forwarders are required to hold a valid carrier code. The new section 12.1 also codifies the requirements for obtaining a valid carrier code.
Section 266 of the Act also amends section 12.1 of the Customs Act to provide the Governor in Council with the authority to make regulations regarding ACI in all modes of transportation, specifically
- a. respecting the information that must be provided;
- b. prescribing the persons or classes of persons who must give information;
- c. respecting the circumstances in which the information must be given;
- d. respecting the time within which and the manner in which the information must be given;
- e. regarding the requirements and conditions that are to be met before a carrier code may be issued;
- f. regarding the persons or classes of persons who are exempt from holding a valid carrier code; and
- g. regarding the manner and circumstances in which a carrier code may be suspended, cancelled or reinstated.
Section 12.1 of the Customs Act will provide the Governor in Council with the authority to make regulations regarding ACI in all modes of transportation.
The eManifest initiative will introduce regulatory amendments that will expand pre-arrival information requirements to include carriers in the highway and rail modes of transportation. In addition to the required data, advance information will be required from other trade chain partners involved in the importation of goods into Canada in all modes of transportation (land, rail, air, and marine). Each member of the trade chain will have a separate obligation for various pieces of information relating to commercial goods before they are loaded onto the vessel (in marine mode only) and in advance of the estimated arrival of goods at a port of arrival in Canada (other modes). In addition, customs sufferance warehouse operators will be required to acknowledge receipt of goods through an electronic arrival message transmitted to the CBSA once the goods have arrived at their warehouse.
Regulatory amendments made under the authority of section 12.1 of the Customs Act will make up one part of the larger eManifest initiative. Stakeholders involved in the importation of goods into Canada will be affected by regulations made under section 12.1, including carriers, freight forwarders, sufferance warehouse operators, and importers.
Since 2007, and throughout the development of the regulations to be made under the authority of section 12.1, the CBSA has engaged in extensive ongoing consultations with stakeholder groups and industry associations. Generally, all stakeholders consulted support the implementation of eManifest, the regulatory regime that would enforce it and, by extension, the coming into force of section 12.1 of the Customs Act.
Canada Border Services Agency
Commercial Transformation Division
355 North River Road, Tower B, 5th Floor