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Memorandum D4-2-0
Ottawa, February 14, 1996
Subject
Ships' Stores Regulations
This memorandum contains the Regulations Respecting Ships'Stores.
Regulations
REGULATIONS RESPECTING
SHIPS' STORES
Short Title
1. These Regulations may be cited as the Ships' Stores Regulations.
Interpretation
2. In these Regulations,
- "bar-box"
- means the sealable boxes or compartments into which ships' stores are placed during the flight of an international aircraft; ( compartiments à boissons )
- "Canadian coast guard ship"
- means a coast guard ship owned by, or operated by or on behalf of, the Government of Canada; ( navire garde-côte canadien )
- "Canadian fishing ship"
- means a fishing ship
(a) that is registered or licensed in Canada under the Canada Shipping Act and is owned by one or more persons each of whom is a Canadian citizen, a person resident and domiciled in Canada or a corporation incorporated under the laws of Canada or of a province and having its principal place of business in Canada, or
(b) that is not required by the Canada Shipping Act to be registered or licensed in Canada and is not registered or licensed elsewhere but is owned as described in paragraph (a); ( navire de pêche canadien ) - "Canadian warship"
- means a ship of war, a military transport or a military supply ship owned by, or operated by or on behalf of, the Government of Canada; ( navire de guerre canadien )
- "fishing ship"
- means a ship used for
(a) fishing, sealing or whaling outside Canada, or
(b) provisioning, servicing, repairing or maintaining ships engaged in fishing, sealing or whaling outside Canada; ( navire de pêche ) - "foreign warship"
- means a ship of war, a military transport or a military supply ship owned by, or operated by or on behalf of, the government of a country other than Canada; ( navire de guerre étranger )
- "inland waters ship"
- means a ship engaged in trade on an inland voyage, as defined in section 2 of the Canada Shipping Act; ( navire d'eaux internes )
- "international aircraft"
- means an aircraft operating internationally in the transportation of passengers or goods, or both, for reward; ( aéronef international )
- "military aircraft"
- means a military aircraft owned by, or operated by or on behalf of, the government of a country; ( aéronef militaire )
- "reasonable quantity,"
- with respect to tobacco products, means a quantity of cigarettes, 400 g of tobacco, 400 tobacco sticks and 50 cigars; ( quantité raisonnable )
- "service ship"
- means a ship registered in any country and used for the purpose of obtaining scientific data outside Canada; ( navire de service )
- "telegraph cable ship"
- means a ship registered in any country and used exclusively for the laying or repairing of oceanic telegraph cables. ( navire poseur de câbles télégraphiques )
Ships' Stores
3. (1) The classes of goods described in column II of an item of the schedule are hereby designated as ships' stores for use on board a conveyance within any class of conveyance described in column I of that item, subject to any applicable limitation set out in a note at the end of the schedule.
(2) For the purpose of subsection (1), goods are considered to be used on board a conveyance if they are
(a) goods that are consumed in the operation and maintenance of the conveyance;
(b) goods that are consumed by a person on board the conveyance;
(c) souvenirs, gifts, edible supplies, wines, spirits, ales, beers or tobacco products that are sold on board the conveyance, unless it is a Canadian warship that is described in column I of subitem 3(1) of the schedule, for consumption outside Canada; or
(d) goods described in column II of subitem 3(1) of the schedule that are sold on board a Canadian warship that is described in column I of that subitem 3(1)
(i) within 30 days after the date on which the conveyance arrived in a Canadian port, or
(ii) for consumption outside Canada.
(3) A master of a Canadian warship described in subitem 3(1) of the schedule shall, on the 31st consecutive day of the period in which that Canadian warship is docked in a Canadian port,
(a) advise the nearest customs office in writing that the Canadian warship is remaining in port longer than 30 consecutive days; and
(b) prepare a written inventory of the wines, spirits, ales, beers and tobacco products remaining on board at the end of the 30th day of that period.
Sealing Requirements
4. When a ship arrives at a Canadian port, the master of the ship shall place alcohol, tobacco and other goods for sale on board the ship under lock or seal, and shall keep them there while the ship is in the port, except where otherwise authorized by an officer.
5. (1) Subject to subsection (2), when an international aircraft is on the ground, the carrier shall ensure that bar-boxes on board are sealed.
(2) Seals on bar-boxes on an international aircraft may be broken when passengers begin boarding and, provided that no domestic passengers are carried, may remain unsealed where the aircraft is progressively boarded at more that one airport in Canada.
6. Stores for use on board a conveyance shall remain sealed when the goods are moved to the conveyance from a bonded warehouse or to a bonded warehouse from the conveyance.
Provisioning
7. While in Canada, a conveyance described in column I of item 2 of the schedule shall not take on ships' stores that are to be transferred to a ship engaged in fishing, sealing or whaling outside Canada.
8. Authorization of delivery of ships' stores to a conveyance may be refused by an officer where the master, an officer or a crew member of the conveyance has failed to comply with these Regulations.
SCHEDULE
(Sections 3 and 7)
SHIPS' STORES
|
Item |
Column I |
Column II |
|
1. |
International Movement (1) An ocean-going ship engaged in international trade that is required to report under section 95 of the Customs Act and that is proceeding outside Canada, or proceeding to any port in Canada, before reporting under that section and proceeding outside Canada |
(a) ales and beers |
|
(2) An ocean-going ship registered in Canada coasting, by way of the Panama Canal or Arctic waters, from a port on the east coast of Canada to a port on the west coast of Canada or from a port on the west coast of Canada to a port on the east coast of Canada |
(a) ales and beers |
|
|
(3) An ocean-going towing or salvage tug that is required to report under section 95 of the Customs Act and that is proceeding outside Canada |
(a) ales and beers |
|
|
(4) A foreign warship |
(a) ales and beers |
|
|
(5) a telegraph cable ship |
(a) ales and beers |
|
|
2. |
Fishing Ships (1) A foreign fishing ship that is required to report under section 95 of the Customs Act and that is proceeding outside Canada within 48 hours of taking on ships' stores |
(a) ales and beers2 |
|
2) A Canadian fishing ship that is required to report under section 95 of the Customs Act and that is proceeding outside Canada within 48 hours of taking on ships' stores |
(a) ales and beers2 |
|
|
(3) A Canadian fishing ship that is eligible to report under section 8 of the Reporting of Imported Goods Regulations and that is proceeding outside Canada |
(a) diesel fuel |
|
|
3. |
Canadian Military Vessels (1) A Canadian warship proceeding outside Canada |
(a) ales and beers |
|
(2) A service ship that is required to report under section 95 of the Customs Act and that is proceeding outside Canada |
(a) ales and beers |
|
|
4. |
Aircraft (1) A military aircraft proceeding outside Canada on an international flight |
(a) ales and beers |
|
(2) An international aircraft that is required to report under section 95 of the Customs Act and that is proceeding outside Canada, or that is required to report under section 12 of that Act following a flight into Canada, other than an aircraft carrying passengers on a domestic flight |
(a) ales and beers |
|
|
5. |
A Canadian coast guard ship that is required to report under section 95 of the Customs Act and that is proceeding on a voyage to the Arctic |
(a) ales and beers8 |
|
6. |
A foreign yacht that is required to report under section 95 of the Customs Act and that is proceeding outside Canada |
(a) ales and beers8 |
|
7. |
Coasting and Inland Water Vessels (1) A ship normally engaged in international trade that is engaged, or intends to engage, in the coasting trade for not more than five days |
(a) boiler compounds, fuel oil treatment preparations and filter sponges |
|
(2) A ship normally engaged in international trade that is engaged, or intends to engage, in the coasting trade for more than five days |
(a) coal10 |
|
|
(3) An inland waters ship |
(a) boiler compounds, fuel oil treatment preparations and filter sponges |
NOTES
1. A reasonable quantity for each person on board, for each week of a voyage
2. Limited to 8.18 L (288 fluid ounces) for each person on board, for each week of a voyage, when the voyage lasts for a minimum of seven days
3. Constitute ships' stores when the conveyance is on a voyage that lasts for a minimum of five days
4. Limited to 1.14 L (40 fluid ounces) for each person on board for each week of a voyage when the voyage lasts for a minimum of seven days
5. A reasonable quantity for each person on board who is 18 years of age or older for each full week of a voyage
6. A reasonable quantity for each person, on board who is 18 years of age or older, for each week of a voyage
7. A reasonable quantity for each person on board who is 18 years of age or older
8. Limited to 8.18 L (288 fluid ounces) for each person on board, for each week of a voyage
9. Limited to 1.14 L (40 fluid ounces) for each person on board, for each week of a voyage
10. Limited to a 15-day supply, as may be required to operate the ship, measured at the time the ship engages in the coasting trade
REFERENCES
ISSUING OFFICE
Transportation Division
Customs Border Services
LEGISLATIVE REFERENCES
Financial Administration Act , section 17
Customs Act, paragraph 164(1) (i)
Customs Tariff, paragraph 93(1) (g) , (h) , (i) , (j)
Excise Act, subsection 58(2)
Excise Tax Act , subsection 59(3.2)
Canada Shipping Act, section 2
HEADQUARTERS FILE
7770-3, 7770-3-1
SUPERSEDED MEMORANDA "D"
N/A
OTHER REFERENCES
D1-2-1, D2-1-1, D3-1-1, D4-1-2, D7-3-3, ET 313,
ED 211-2, ED 212-7
