Part IIOrderVolume 158, Number 5Published: February 28, 2024

Customs Act Electronic Administration Authorized

Order Fixing the Day on Which this Order is Made as the Day on Which Certain Provisions of the Budget Implementation Act, 2022, No. 1 Come into Force: SI/2024-8

This order (SI/2024-8) brought specified provisions of the Budget Implementation Act, 2022, No. 1 into force on February 19, 2024, enabling the electronic administration and enforcement of the Customs Act. It lets ministers and the Governor in Council require or provide electronic reporting, clarifies wording in the Customs Act, and supports CBSA digital tools such as CARM and ArriveCAN.

Published
February 28, 2024
Department
Unavailable
Section
Order Fixing the Day on Which this Order is Made as the Day on Which Certain Provisions of the Budget Implementation Act, 2022, No. 1 Come into Force
Comment deadline
Unavailable
Effective date
February 19, 2024
Publication part
Part II

Summary

Summary#

This is the federal order SI/2024-8 that brings parts of the Budget Implementation Act, 2022, No. 1 into force on the day the order was made — February 19, 2024. It activates provisions that let the Customs Act be administered and enforced using electronic methods and that clean up some wording in the law.

What it does#

  • Brings into force sections 302, 304 to 306 and 308 to 328 of the Budget Implementation Act, 2022, No. 1 as of February 19, 2024.
  • Authorizes electronic administration and enforcement of the Customs Act, so the government and border officials can use digital methods instead of paper for certain customs processes.
  • Lets the Minister of Public Safety and the Minister of National Revenue require or provide electronic ways to meet reporting and payment rules.
  • Confirms the electronic rules apply to the Customs Tariff as well.
  • Gives the government (Governor in Council), on recommendation from the Minister of Public Safety, the power to make regulations about electronic communication and transmitting documents.
  • Clarifies ambiguous wording in the Customs Act (for example, what counts as a “prescribed form”) and aligns English and French text.

Who's affected#

  • Travellers entering Canada.
  • Importers, brokers and other commercial trade chain partners who deal with customs paperwork.
  • The Canada Border Services Agency (CBSA) and its officers, who will use and manage the new electronic tools.
  • People who file administrative reviews or other recourse with the CBSA (because the Agency is already moving more communications online).
  • If it is unclear who else will be affected, the source does not identify additional groups.

Why it matters#

  • It makes it legally clear that customs rules can be carried out electronically. That lets travellers and businesses move away from paper forms and letters.
  • In practice this can speed up border checks, reduce in-person visits, and let the CBSA focus resources on higher-risk travellers and goods.
  • It supports planned digital systems such as the CBSA Assessment and Revenue Management (CARM) portal and builds on tools like ArriveCAN’s advance declaration feature.
  • The order is described as having no additional direct costs to stakeholders or the government, and it does not change the fact that CBSA officers still make decisions at the border.

Key topics

Budget Implementation Act, 2022, No. 1Customs ActCustoms TariffCanada Border Services AgencyMinister of Public Safety and Emergency PreparednessMinister of National RevenueGovernor in CouncilCBSA Assessment and Revenue ManagementCARMArriveCANelectronic administration and enforcementtrade chain partnerstravellersadministrative monetary penalties

Source: Canada Gazette

Official source