Imágenes de páginas
PDF
EPUB

673

(d) Regulating or restricting the importation of spirits, wine and malt liquors, or other goods which require to be weighed, gauged or tested for strength or quantity, and limiting or prescribing the kind and capacity of packages in which the same may be imported, and the conveyances by which, and the ports or places at which the same may be landed and entered;

(e) Exempting from duty any flour or meal or other produce of any wheat or grain, grown in Canada, and taken out of Canada into the United States to be ground, and brought back into Canada within two days after such wheat or grain has been so taken out to be ground; or exempting from duty any boards, planks or scantling, the produce of any logs or timber grown in and taken out of Canada into the United States to be sawn, and brought back into Canada within seven days after such logs or timber were so taken out to be sawn;

(f) Regulating the quantities of any such goods to be so taken out or brought in at any one time by any person, and the mode in which the claim to exemption shall be established and proved;

(g) Authorizing the appointment of warehouses, and regulating the security which shall be taken from warehouse keepers, the forms and conditions subject to which goods are to be warehoused, the mode of keeping goods in warehouse, and of removing goods therefrom, and the amount of warehouse rent or license fees;

(h) Extending either by general regulation or by special order, the time for clearing warehoused goods, and for the transport of goods in bond from one port or place to another; (i) Regulating the form in which transfers of goods in warehouse or bond from one person to another shall be entered; (j) Exempting goods from duty as being the growth, produce or manufacture of Newfoundland, if such exemption is provided for by any Act relating to Customs, and for regulating the mode of proving such exemption;

(k) Transferring to the list of goods which may be imported into Canada free of duty, any or all articles, whether natural products or products of manufactures, used as materials in Canadian manufactures; any such materials transferred to the free list by such order in council, to be free of duty of Customs for the time therein appointed for that purpose; (7) Granting a drawback of the whole or part of the duty paid on articles which have been used in Canadian manufactures, or granting a certain specific sum in lieu of any such drawback; (m) Reducing the duty on any or all articles, whether natural products or products of manufactures, used as materials in Canadian manufactures; any such materials specified in such regulation to be subject to such reduced duty of Customs and no other, for the time and under the conditions therein provided;

(n) Prescribing the manner in which the proceeds of penalties and forfeitures shall be distributed;

(0) Authorizing the taking of such bonds and security as he deems advisable for the performance of any condition on which any remission or partial remission of duty, indulgence or permission is granted to any person, or any other condition made with such person, in any matter relating to the Customs or to trade or navigation; which bonds, and all bonds taken with the sanction of the Minister of Customs, expressed either by general regulation or by special order. shall be valid in law, and, upon breach of any of the conditions thereof, may be sued and proceeded upon in like manner as any other bond entered into under this Act, or any other law relating to the Customs;

(p) Fixing and establishing uniform standards of purity, quality and fitness for consumption of all kinds of teas imported into Canada, and for determining the places where the duplicates of such standards shall be kept, and the conditions on which such standards shall be supplied to importers and dealers in tea, and the manner in which imported teas shall be examined and tested and their fitness for use finally decided; and all teas or goods described as tea of purity, quality and fitness for consumption inferior to such standards, shall be deemed within the prohibition of the laws relating to the Customs;

(q) Prescribing the rule and conditions under which goods imported in bond or duty-paid, and products or manufactures of Canada, may be transported from one port or place in Canada to another port or place therein, over any territory or waters outside the limits of Canada: Provided that the goods so transported shall, upon arrival in Canada from any place beyond the limits of Canada, be treated with regard to the liability to, or exemption from, duty, as if the transportation had taken place entirely within the limits of Canada;

(r) Regulating the number of deer and parts thereof which may be exported in any year, when shot under provincial or territorial authority in Canada, by any person not domiciled in Canada, and limiting the ports at which such deer may be exported, and for prescribing the conditions under which such exportation may be permitted;

(8) Regulating and determining what shall be special Customs services for which charges shall be payable to His Majesty on account of the attendance of Customs officers on vessels or at wharfs, warehouses, stations, or other places, and the scale or amount of such charges and the conditions attaching to such special services; and in any such case the money received for such charges may be used for payment of the salaries or pay of Customs officers for the fiscal year in which the special Customs service is performed, notwithstanding anything in any Act;

(t) Any other purpose for which by this Act, or any other law relating to the Customs or to trade or navigation, the Governor in Council is empowered to make orders or regulations. R. S., c. 32, s. 245; 51 V., c. 14, s. 46; 54-55 V., c. 44, s. 2; 61 V., c. 36, s. 2; 62–63 V., c. 22, s. 2; 3 E. VII., c. 14, s. 18.

92909°-S. Doc. 870, 61–3, vol 5—20

287. The Governor in Council may, from time to time, and as occasion requires, make such regulations as to him seem meet, with respect to goods conveyed directly through the Canadian canals or otherwise, by land or inland navigation, or in or on railway cars, from one part of the frontier line between Canada and the United States to another, without any intention of unlading such goods in Canada; and he may cause such bonds or security to be given, or such precautions to be taken, at the expense of the owner or person in charge of such goods, whether by placing officers of the Customs on board any such vessel, railway car or carriage, or otherwise, as to him

674

seems meet.

2. Upon the refusal of the owner or person in charge to comply with the regulations so made, the duty on the goods shall forthwith become payable as in case of the importation of such goods. 51 V., c. 14, s. 47.

288. The Governor in Council may, under regulations made for that purpose, allow, on the exportation of goods which have been imported into Canada, and on which a duty of Customs has been paid, a drawback equal to the duty so paid with such deduction there from as is provided in such regulations.

2. In cases mentioned in such regulations, and subject to such provisions as are therein made, such drawback, or a specific sum in lieu thereof, may be allowed on duty-paid goods manufactured or wrought in Canada into goods exported therefrom.

3. The period within which such drawback may be allowed, after the time when the duty was paid, shall be limited in such regulations. R. S., c. 32, s. 247.

289. The Governor in Council may interpret, limit or extend the meaning of the conditions upon which it is provided in any Act imposing duties of Customs that any article may be imported free of duty for special purposes, or for particular objects or interests; and may make regulations for declaring or defining what cases shall come within the conditions of such Act, and to what objects or interests of an analogous nature the same shall apply and extend, and may direct the payment or non-payment of duty in any such case, or the remission thereof by way of drawback, if such duty has been paid. R. S., c. 32, s. 248.

290. The Governor in Council may make such regulations as are considered advisable, for the appointment of sufferance wharfs and warehouses, at which goods arriving by vessels in transit to other ports or confined to certain days of departure, may be landed and afterwards stored before entry, if such vessels are duly reported to the Custom-house and the collector's warrant for such landing obtained, and if such landing is effected between sunrise and sunset, on a day not being Sunday or a statutory holiday, and if the goods on being so landed, are immediately stored in some such approved sufferance warehouse; and such goods shall be thereafter dealth with by the proper officer of Customs as prescribed by law.

2. The Governor in Council may make similar regulations for the appointment of sufferance warehouses in which goods arriving by railway may be stored before entry, when such goods have been duly reported to the collector or proper officer of Customs.

3. Nothing in this section shall affect any contract, expressed or implied, between the master or owner of any such vessel, and the

owner, shipper or consignee of any such goods as aforesaid, or the rights or liability of any person under such contract. R. S., c. 32, s. 249.

291. The governor in Council may, from time to time, prohibit the exportation or the carrying coastwise or by inland navigation, of arms, ammunition and gunpowder, military and naval stores, and any articles which the Governor in Council deems capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions or any sort of victual which may be used as food by man. R. S., c. 32, s. 250.

292. Any oath or declaration which the Governor in Council. deems necessary to protect the revenue against fraud may, in any regulation made by him under this Act, be prescribed, and any person or officer may be authorized to administer the same; and by any such regulation, a declaration may be substituted for an oath in any case in which an oath is required by this Act. R. S., c. 32, s. 251. 293. The Governor in Council may prescribe the forms of oaths required under this Act.

2. The forms of oaths authorized by statute or by the Governor in Council, at the time of the coming into force of this Act, shall continue to be the authorized forms until altered or dispensed with by the Governor in Council. R. S., c. 32, s. 252.

294. The Governor in Council may, by regulation from time to time, appoint the ports and places of entry, warehousing and bonding for the purposes of this Act, and may, in like manner, increase or diminish the number or alter the position or limits thereof. R. S., c. 32, ss. 22 and 245.

295. The Governor in Council shall, from time to time, establish such regulations, not inconsistent with law, as are required to secure a just, faithful and impartial appraisal of all goods imported into Canada, and just and proper entries of the fair market value thereof, and of the weights, measures or other quantities thereof, as each case requires; and such regulations, whether general or special, so made by the Governor in Council, shall have the full force and authority of law. 52 V., c. 14, s. 5.

296. The Governor in Council may, from time to time, make regulations for the ex-warehousing of goods, either for consumption, removal, exportation or ship's stores, in any quantity not less than a whole package as originally warehoused, unless the goods are in bulk, and then in quantities not less than one ton in weight, except when. a less weight is the balance remaining of the original entry thereof for warehouse. R. S., c. 32, s. 88.

297. The Governor in Council may, with regard to vessels engaged in the coasting trade or inland navigation, by regulation, dispense with any of the requirements of this Act as to examination of the master by the collector previously to departure, and as to clearance, which the Governor in Council deems it inexpedient to enforce. R. S., c. 32, s. 100.

298. The Governor in Council may, by regulations from time to time, require such further information with regard to the description, quantity, quality, and value of goods exported from Canada, or removed from one port to another in Canada, or in transit through Canada, to be given to the proper officer of the Customs, in the report and entry of such goods outwards or otherwise, as he deems requisite

for statistical or other purposes, whether such goods are exported, or removed or transported by sea, land or inland navigation. 52 V., c. 14, s. 10.

675

299. The Governor in Council may, from time to time, make regulations for declaring what shall be coasting trade or inland navigation respectively, and how the same shall be regulated in any case or class of cases, and may declare any trade or voyage on the seas, rivers, lakes or waters within or adjacent to Canada, whether to or from any place within or without Canada, or whether such seas, rivers, lakes or waters are or are not geographically, or for the purpose of other acts or laws, inland waters, to be a coasting trade or a coasting voyage within the meaning of this Act and of such regulations, and may also, from time to time, by regulation, dispense, on any condition which he sees fit to impose, with such of the requirements of this Act as he deems it inexpedient to enforce with regard to vessels engaged in any such trade or with respect to any case or class of cases. R. S., c. 32, ss. 111 and 245. 300. The Governor in Council may by regulation relax or dispense with the provisions of this Act touching oaths, affirmations or declarations required or authorized by this Act, with regard to goods imported by land or inland navigation, or with regard to any other class of cases designated in such regulation. 51 V., c. 14, s. 33.

301. The Governor in Council may, if he deems it expedient, make general regulations in any matter in which he may make a special order; and any such general regulation shall apply to each particular case with the intent and meaning thereof, as fully and effectually, as if the regulation provided specially for each such particular case, and as if the officers, functionaries and persons had been specially named therein. R. S., c 32, s. 245.

302. All general regulations made by the Governor in Council under this Act, shall have effect from and after the day on which the same are published in the Canada Gazette, or from and after such later day as is appointed for the purpose in such regulations, and during such time as is therein expressed, or, if no time is expressed for that purpose, then until the same are revoked or altered. R. S., c. 32, s. 253.

Powers of the Minister.

303. The Minister may, from time to time, and as occasion requires, make such regulations as to him seem meet, with respect to travellers passing through a portion of Canada, or coming into it with their carriages, horses or other cattle drawing the same, and personal baggage, with the intention of forthwith returning to the United States, or, having gone to the United States from Canada, returning to Canada with such articles, and may direct under what circumstances duty shall or shall not be paid, and on what conditions it shall be remitted or returned. 51 V., c. 14, s. 47.

304. Regulations respecting the manner in which molasses and syrups shall be sampled and tested for the purpose of determining the classes to which they belong, with reference to the duty chargeable thereon, shall be made by the Minister; and the instruments and appliances necessary for such determination shall be designated by him, and supplied to such officers as are by him charged with the duty of sampling and testing such molasses and syrups.

« AnteriorContinuar »