CFIA-ordered treatment now authorized at non-bonded locations for transiting goods re-entering Canada after having been refused entry by the United States
Customs Notice 17-36

Ottawa, November 10, 2017

1. This notice applies to commercial shipments that have transited through Canada and are re-entering Canada after having been refused entry by the United States (U.S.) for plant or animal health concerns.

2. In order to mitigate the risk of the introduction or spread of harmful animal diseases and plant pests into Canada, the Canadian Food Inspection Agency (CFIA) may order shipments to be treated in a specified manner and subsequently removed from Canada under the authority of the Plant Protection Act or the Health of Animals Act. The purpose of this notice is to enable the required treatment and removal to occur in the most expeditious and effective manner possible.

3. Pursuant to sub-section 19(2) of the Customs Act, unreleased commercial goods are only allowed to be delivered to CBSA bonded locations within Canada such as sufferance warehouses, duty free shops and other Customs offices.

4. Effective immediately, the CBSA will allow goods re-entering Canada after being refused entry by the U.S. to proceed to a non-bonded location for treatment provided that all of the following criteria are met:

  1. The CFIA has issued a Notice of Requirement to Treat or Process under the Health of Animals Act or Plant Protection Act.
  2. The CFIA has issued the required Movement Certificate(s) under the Health of Animals Act or Plant Protection Act authorizing movement to the specified non-bonded treatment location in Canada.
  3. The goods are transported to and from the specified treatment location in Canada by a CBSA bonded carrier.

5. Under the conditions of the Movement Certificate(s), the goods are authorized only:

  1. to proceed directly to the treatment location; AND
  2. to be exported from Canada via the most expeditious manner possible or the route directed by the CFIA following treatment.

6. All costs associated with the storage, treatment, removal, and/or disposal of non-compliant goods are the responsibility of the person in possession, or care and control of the goods pursuant to section 44 of the Plant Protection Act and/or section 60 of the Health of Animals Act.

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