Description of the objective
To eliminate vague and subjective eligibility criteria and ensure that all applicants are treated in a uniform and consistent manner when it comes to providing special authorizations to obtain Customs Self-Assessment (CSA) program authorization. The Standing Joint Committee's rationale was that any internal policies on assessing "Good Character" should be set out in regulations.
The main objective of this proposal is to eliminate vague and subjective eligibility criteria. Under this regulatory proposal, the Accounting for Imported Goods and Payment of Duties Regulations (AIGPDR) would be amended to delete the term "good character" wherever it appears in the regulations and replace it with specific criteria for assessing the eligibility of applicants for membership in commercial programs.
In 2007, the Standing Joint Committee for the Scrutiny of Regulations (REGS) raised the issue of the ambiguity of the term "good character" as a criterion for special authorizations in the AIGPDR, the Presentation of Persons (2003) Regulations, and the Reporting of Imported Goods Regulations (2008). The REGS observed that if the Canada Border Services Agency (CBSA) has criteria to determine the "good character" of applicants in manuals and policy documents, then it ought to set them out in regulations. The term "good character," on its own, is subjective and vague.
Enabling Act: Customs Act
Indication of business impacts
There are no expected business impacts.
Public consultation opportunities
As this regulatory change stemmed from a request from the Standing Joint Committee for the Scrutiny of Regulations, the amendment was not optional and consultations were not required. External stakeholders were also informed of the coming changes through a presentation at the Border Commercial Consultative Committee.
Canada Border Services Agency
- Government-wide Administrative Burden Baseline counts
- Government-Wide Forward Regulatory Plans
- Cabinet Directive on Regulatory Management
- Red Tape Reduction Action Plan
- Canada-United States Regulatory Cooperation Council
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