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Customs Notice 12-016
May 30, 2012
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Release and Accounting of Casual Goods, Including Live Animals, in the Commercial Stream
1. This notice is to advise importers, customs brokers and service providers of the importation process when casual goods (including live animals) are imported into Canada, unaccompanied by their owner and are processed through the CBSA commercial stream.
2. Casual goods means any goods imported into Canada other than goods imported for sale or for any commercial, industrial, occupational, institutional or other like use.
3. Upon arrival the carrier will report the goods to the Canada Border Services Agency (CBSA) and where applicable, the goods will be stored in a sufferance warehouse pending CBSA release.
4. The importer or customs broker will prepare and submit the release request to the CBSA.
5. All requirements of Other Government Departments (OGD), such as required permits or certificates, must accompany the release request. An inspection may be conducted by the CBSA or responsible OGD.
6. The CBSA will make a release decision regarding the goods.
7. A release by the CBSA will allow the goods to be released from a sufferance warehouse or CBSA office.
8.Please note, paragraph 10 of Memorandum D1-6-1 Authority to Act as an Agent stipulates the following in regards to acting as an agent:
10. A person may only account for goods and pay duties as an agent of the importer or owner of the goods where the person:
- is licensed to transact business as a customs broker; or
- does so on a casual basis and without benefit of any compensation, fee or charge.
9. Therefore, a business that arranges for the transportation of goods into Canada on behalf of other parties, cannot act as an agent (unless they are a licensed customs broker) for the release and accounting of goods, as they are receiving compensation, fees or charges for the arrangement.
10. The phrase “casual basis and without benefit of any compensation, fee or charge” refers to a one time event or a non-habitual occurrence whereby a person is acting on behalf of the importer. An example would be in circumstances where an importer was unable to be present for the release of the goods and a friend or family member accounts on their behalf with written authorization from the importer.
11. Only licensed customs brokers can present entries at a CBSA office where they are licensed to transact business. If the customs broker is not licensed at that CBSA office (where the goods have arrived for release processing), they must hire another broker, known as a sub agent, who is licensed at the CBSA office in question, to present the release request on their behalf.
12. Any questions regarding this bulletin may be directed to the Import Programs Unit email address at: release-mainlevee@cbsa-asfc.gc.ca.
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