These regulations set rules for selling abandoned, forfeited, and detained goods, including auction/tender procedures and conditions for acceptance, cancellation, and notice.
Regulations Respecting the Sale of Abandoned, Forfeited and Detained Goods Whereas, pursuant to subsection 164(3) of the Customs Act, 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 paragraph 142(1)(c), subsection 146(2) and paragraph 164(1)(i) of the Customs Act*, is pleased hereby to make the annexed Regulations respecting the sale of abandoned, forfeited and detained goods, effective on the coming into force of paragraph 142(1)(c), subsection 146(2) and paragraph 164(1)(i) of the Customs Act. S.C. 1986, c. 1 These Regulations may be cited as the Sale of Goods Regulations. In these Regulations, Act means the Customs Act; (Loi) chief officer of customs, with respect to goods, means the manager of the customs office at which the goods are held or detained or of the customs office that serves the place where the goods are held or detained. (agent en chef des douanes) Unless the thing is spirits, specially denatured alcohol, wine, raw leaf tobacco or a tobacco product, these Regulations apply to the sale by public auction or public tender of anything that has been abandoned to Her Majesty in right of Canada under the Act, of anything the forfeiture of which is final under the Act and of goods that have been detained pursuant to subsection 97.25(1) of the Act. All goods sold under these Regulations shall be sold on an “as is-where is” basis. Where no bid or tender is received on goods offered for sale by public auction or public tender or where the chief officer of customs does not consider any of the bids or tenders acceptable, the chief officer of customs may cancel the sale and hold the goods for the next sale. Goods offered for sale by public tender shall be advertised in such form and manner as may be directed by the Minister. All tenders shall be made in writing and shall be submitted to the chief officer of customs in sealed envelopes marked “tender” that shall remain sealed until the designated closing date, at which time the envelopes shall be opened in the presence of at least two officers. In the event that two or more tenders are in the same amount, the first tender received shall be given precedence. The chief officer of customs shall notify in writing the person whose tender has been accepted. Where a person whose tender has been accepted does not complete the sale within seven days after the date on which notice is given pursuant to subsection (1), the chief officer of customs may cancel the sale to that person and accept any other tender.