These regulations set fees and conditions for special customs services, require the requester to provide or pay for certain travel and accommodation costs, and may require security for payment.
Special Services (Customs) Regulations Whereas a copy of proposed Regulations, substantially in the form annexed hereto, was published in Part I of the Canada Gazette on March 15, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations with respect thereto to the Minister of National Revenue; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to sections 166 and 167 of the Customs Act*, is pleased hereby to make the annexed Regulations respecting special customs services, effective on the coming into force of sections 166 and 167 of the Customs Act*. S.C. 1986, c. 1 [Repealed, SOR/2024-41, s. 10] In these Regulations, chief officer of customs, with respect to an area or place, means the manager of the customs office or customs offices that serve that area or place. (agent en chef des douanes) Subject to subsection (2), the following services performed by an officer at the request of a person in charge of imported goods or goods destined for exportation shall be considered to be special services: any services performed outside the hours fixed by the Deputy Minister for the performance of that service; any service performed in a place outside the area served by a customs office; or any service performed outside the ordinary course of the officer’s duties. The following services performed by an officer are not special services: the examination of or acceptance of reports in respect of a military conveyance, unless that conveyance is being used in a commercial operation; the release of human remains; the release of perishable goods needed for the preservation of human life or health; and the release of non-perishable goods urgently needed for the preservation of human life or health. Every person for whom a special service is performed by an officer other than an officer referred to in section 5 shall pay $25 for the performance of that service. Where an officer is called in on duty to perform a special service for a person, that person shall pay $54 for the first two hours or portion thereof spent in the performance of that service; and $27 for each additional hour or portion thereof spent in the performance of that service. No charge is payable for the time spent by an officer referred to in subsection (1) on meals and rest. Where more than one officer referred to in subsection (1) is required to perform a special service, the chargeable time in respect of that service shall be the aggregate of the time spent by all those officers in the performance of that service. Subject to subsections (2) to (4), where a special service is to be performed by an officer, the person requesting that service shall provide the officer with such transportation, accommodation and meals as may be required for that officer to perform that service. For the purposes of subsection (1), the transportation, accommodation and meals provided shall be comparable in quality to those that would otherwise be authorized by the Treasury Board Travel Directive in effect at the time that the special service is provided. Where a person requesting a special service does not provide an officer with accommodation, meals or transportation and the officer is required to obtain accommodation, meals or commercial transportation, the person requesting the special service shall pay, in respect thereof, an amount based on the rates and allowances set out in the Treasury Board Travel Directive in effect at the time that the special service is provided. Where a person requesting a special service does not provide an officer with transportation and the officer is required to use a privately owned conveyance, or a conveyance owned or leased by the Government of Canada, the person requesting the service shall pay, in respect of the use of that conveyance, the greater of an amount based on the allowances for the use of privately owned conveyances that are set out in the Treasury Board Travel Directive in effect at the time that the special service is provided; and five dollars. If the chief officer of customs for the place or area in which a special service is to be performed is of the opinion that security is required to guarantee the payment of charges incurred in providing that service, the person requesting that service must give security in accordance with the requirements of the Financial Security (Electronic Means) Regulations and in an amount determined by the Minister.