Exporters

Frequently Asked Questions - Regulations

Questions

1. Will the two-hour rule apply to all goods including those in the life or death category, such as parts needed to prevent a factory closure or for an oil rig failure, as well as goods having a high impact or cost? Will consideration be given to fast track goods for emergencies of this nature and allow late acceptance by the carrier?

2. A shipment may be trucked from Toronto to New York City for uplift to an international point. If so, would the related documents be filed in Toronto, just like a flown shipment?

3. How are personal effects shipments to be handled?

4. Under the reporting timeframes, are Saturdays and Sundays counted?

5. Concerning time frames, does "48 hours before loading" refer to the loading of the container or the ship?

6. Do carriers have to file their manifests within the same time frames as the exporters?

Answers

1. Will the two-hour rule apply to all goods including those in the life or death category, such as parts needed to prevent a factory closure or for an oil rig failure, as well as goods having a high impact or cost? Will consideration be given to fast track goods for emergencies of this nature and allow late acceptance by the carrier?

   A number of exceptions to the reporting time limits are provided. You will find them listed in section 10 of the new regulations. More information will be provided in a new Memorandum D20-1-1, expected shortly after adoption of the new regulations.

2. A shipment may be trucked from Toronto to New York City for uplift to an international point. If so, would the related documents be filed in Toronto, just like a flown shipment?

   Under existing regulations, the B13A declarations must be presented at the point of exit. With the new regulations the B13A declarations can be reported at the customs office where the goods will be presented for inspection before export. Any more movement within Canada would be effected in bond. This would make it easier for the exporter to ensure his goods were reported. However, the new procedures will not apply to controlled goods or in-transit goods. To avoid AMPS penalty C343, the bond must be cancelled at the point of exit. For controlled or regulated goods, the permits must be presented at the point of exit.

3. How are personal effects shipments to be handled?

   There is an exemption for personal effects, unless a Canadian is leaving Canada not to return (emigrant).

4. Under the reporting timeframes, are Saturdays and Sundays counted?

   Yes, Saturdays and Sundays are counted.

5. Concerning time frames, does "48 hours before loading" refer to the loading of the container or the ship?

   The proposed regulations state: "48 hours before the goods are loaded onto the vessel". If the goods are inside a container by then, and we need to examine them, we will have no choice but to open the container.

6. Do carriers have to file their manifests within the same time frames as the exporters?

   Carriers do not have to report within the time frames for exporters. However, carriers need the exporter's confirmation that goods were declared to the CBSA by the specified time. To avoid any penalty, they should record the B13A number, the CAED report number (made up of the CAED form ID and authorization number), or the Summary report number on the corresponding manifest. Provisions for a memorandum of understanding (MOU) between carriers and the CBSA are being developed. Under specified circumstances, MOU signatories can report certain goods after they have been exported.