Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada - United Kingdom Trade Continuity Agreement
Customs Notice 21-08

Ottawa, March 31, 2021

1. This announces the regulatory amendments and new regulations proposed by the Canada Border Services Agency (CBSA) in support of the implementation of the Canada-United Kingdom Trade Continuity Agreement (CUKTCA). It is proposed that these regulatory amendments and new regulations come into force on April 1, 2021, on condition that His Excellency the Administrator of the Government of Canada in Council makes them.

2. Implementation information relating to the CUKTCA can be found in Customs Notice 21-07, Implementation of the Canada - United Kingdom Trade Continuity Agreement.

3. The proposed new regulations and regulatory amendments announced in this Customs Notice will be made in accordance with paragraph 167.1(b) of the Customs Act.

Proposed Regulatory Changes

Certification of Origin of Goods Exported to a Free Trade Partner Regulations

4. It is proposed that section 3 of the Certification of Origin of Goods Exported to a Free Trade Partner Regulations be amended to provide that when goods are exported from Canada to a CUKTCA beneficiary, the certificate be completed in English or French.

Exporters' and Producers' Records Regulations

5. It is proposed that the definition of "advance ruling" set out in the Exporters' and Producers' Records Regulations be amended to include reference to the advance ruling provisions of the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in the CUKTCA.

Free Trade Agreement Advance Rulings Regulations

6. With respect to the modification or revocation of an advance ruling, it is proposed that subparagraph 14(a)(vi) of the Free Trade Agreement Advance Rulings Regulations be amended to include both reference to goods exported from a CUKTCA beneficiary and reference to Article 2.10 of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) as incorporated by reference in the CUKTCA. It is also proposed that paragraph 14(b) of the Regulations be amended to include a reference to goods exported from a CUKTCA beneficiary and that a new subparagraph be added to that paragraph in order to reference an interpretation agreed to by Canada and a CUKTCA beneficiary regarding Chapter Two of the CETA or the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in the CUKTCA. It is further proposed that paragraph 14(h) of the Regulations be amended to include a new subparagraph to the effect that an advance ruling can be modified or revoked in order to conform to a modification of the provisions of Chapter Two of the CETA or the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in the CUKTCA.

Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations

7. It is proposed that paragraph 2(b) of the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations be amended to include reference to CUKTCA beneficiaries such that proof of exportation of the goods to a CUKTCA beneficiary be required when accounting for the goods under section 32 of the Customs Act.

Refund of Duties Regulations

8. It is proposed that the title to Part 5.1 of the Refund of Duties Regulations be amended to make reference to CUKTCA beneficiaries. It is also proposed that section 23.1 of the Regulations be amended to the effect that Part 5.1 of the Regulations applies to the granting of a refund of duties paid on goods imported from a CUKTCA beneficiary on or after April 1, 2021, and for which no claim for preferential tariff treatment under the CUKTCA was made at the time the goods were accounted for under subsection 32(1), (3) or (5) of the Customs Act. It is further proposed that paragraph 23.3 of the Regulations (respecting the amount of refund of duties) be amended, in paragraph (b), to refer to the preferential tariff treatment afforded under the CUKTCA.

Proof of Origin of Imported Goods Regulations

9. It is proposed that the Proof of Origin of Imported Goods Regulations be amended in order to:

Proposed New Regulations

New Regulations regarding the Verification of Origin of Exported Goods under CUKTCA

10. The new regulations regarding the verification of origin of exported goods under CUKTCA are being proposed in order to implement Articles 26 and 29 of the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in the CUKTCA. The regulations will set out methods, other than a verification visit, that may be used in order to verify the originating status of goods exported from Canada to a CUKTCA beneficiary. These methods will be the review of a verification questionnaire completed by the exporter or producer of goods, the review of the written response of the exporter or producer to a verification letter, or the review of other information received by the exporter or producer of the goods or by the producer or supplier of a material used in the production of the goods. These regulations will also set out what premises or places may be entered for the purpose of a verification visit. They will indicate that a verification visit may only be conducted if a written notice of intention to conduct the visit has been sent. They will also specify the way that certain documents are to be provided.

New Regulations regarding the Verification of Origin of Imported Goods under CUKTCA

11. The new regulations with respect to the verification of origin of imported goods under CUKTCA are proposed by the CBSA to implement Articles 26 and 29 of the Protocol on Rules of Origin and Origin Procedures of CETA as incorporated by reference in the CUKTCA. The regulations will describe the method for sending verification requests and provide for the review of the reports received in answer to these requests, as well as for the review of any relevant supporting documents received.

Additional Information

12. For more information, call the CBSA Border Information Service (BIS):

Calls within Canada & the United States (toll free): 1-800-461-9999
Calls outside Canada & the United States (long distance charges apply): 1-204-983-3500 or 1-506-636-5064
TTY: 1-866-335-3237
Email: contact@cbsa-asfc.gc.ca

Contact Us at the CBSA website may also be accessed for information

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