Bill S-2 explained in plain English

Bill S-2 amends the Customs Act to clarify certain provisions, add new requirements in customs controlled areas, modify how imported goods are valued for duty, update advance reporting requirements, and allow regulations to incorporate material by reference.

Bill S-2 makes several changes to the Customs Act, which is the federal law that governs how goods are imported into Canada and how customs officers conduct their work at borders and customs controlled areas. The bill makes the following key changes: **Customs Controlled Areas:** The bill updates rules for people in or leaving customs controlled areas (such as airport terminals, port facilities, or areas where goods are inspected). It requires people to present themselves to customs officers if asked, provide identification, and answer questions truthfully. People must also report any goods they acquired while in the customs controlled area and make those goods available for inspection. Customs officers can conduct non-intrusive examinations of goods without needing to suspect wrongdoing first, and can open baggage or packages if they have reasonable grounds to suspect a law has been broken. The bill also allows the Minister to manage who gets access to these areas. **Advance Information from Ships and Planes:** The bill allows the Governor in Council (Cabinet) to make regulations requiring information about ships, planes, and other conveyances to be provided before they arrive in Canada. This information can include details about passengers, cargo, and the conveyance itself. **Valuing Imported Goods for Duty:** The bill clarifies how customs officers determine the value of imported goods for the purpose of calculating customs duties. It updates the rules for comparing imported goods with identical or similar goods to establish their fair value. **Reporting Requirements:** The bill updates who must report goods arriving on conveyances in Canada. **Regulations and Material by Reference:** The bill allows regulations made under the Customs Act to incorporate material (such as standards or documents) by reference. This means a regulation can refer to an outside document rather than including all the details within the regulation itself. The bill clarifies that such incorporated material is not considered a "statutory instrument" for legal purposes. **Technical Corrections:** The bill makes various French language clarifications and technical amendments to existing provisions.

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. If you have any questions, please contact the Library of Parliament at (613) 995-1166. On 2 December 2008, Bill S-2, An Act to amend the Customs Act, was introduced in the Senate by the Leader of the Government in the Senate, the Honourable Marjory Lebreton. This bill amends the Customs Act to clarify certain provisions of the French version of the Act and to make technical amendments to others. It also imposes additional requirements in customs controlled areas, grants the Minister the power to authorize entry, amends provisions concerning the determination of value for duty, and modifies advance commercial reporting requirements. The search powers of customs officers are expanded to include individuals and their goods that are in or are leaving a customs controlled area. The bill also provides that regulations may be enacted that describe the time frame and manner in which information about passengers may be provided by prescribed persons. Finally, it provides that regulations may incorporate material found in associated documents.