Skip to main content
Back to Bills
FederalPassed40th Parliament, 2nd Session

Bill S-2 explained in plain English

An Act to amend the Customs Act

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-2
Full title
An Act to amend the Customs Act
Current status
Passed
Latest event
Royal assent received
Last updated
Jun 11, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Jun 11, 2009
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-2 amends the Customs Act to clarify procedures for customs controlled areas, change how duty values are calculated, enable advance reporting requirements for conveyances, and allow regulations to incorporate materials by reference.

What It Means

Bill S-2 amends the federal Customs Act to make several changes to customs procedures and regulations. The bill clarifies rules for people and goods in customs controlled areas (border zones), such as requiring people to present themselves and goods to customs officers on request. It adds new rules about reporting goods acquired while in customs areas and allows customs officers to examine goods more easily. The bill also changes how customs duty values are calculated for identical and similar goods, making the calculation rules clearer. It introduces new powers for the Minister to require advance information about people on conveyances (ships, planes, etc.) before they arrive in Canada. The bill also allows customs regulations to incorporate other materials by reference, which simplifies the regulatory process. Most changes came into force on Royal Assent (June 11, 2009), but one section's commencement date is to be set later by government order.

What This Bill Does
  • Clarifies and strengthens requirements for people in customs controlled areas to present themselves to officers and identify themselves when requested
  • Adds a new requirement for people leaving customs controlled areas to report goods acquired by any means while in the area
  • Allows customs officers to examine goods and conduct non-intrusive examinations without individualized suspicion, and to search certain prescribed persons
  • Revises provisions for determining customs duty values based on identical goods and similar goods sold for export to Canada
  • Authorizes the Governor in Council to make regulations requiring advance information about conveyances, persons, and goods before a conveyance arrives in Canada
  • Allows the Minister to require prescribed persons to provide information about people on board conveyances
  • Enables customs regulations to incorporate external materials by reference, allowing regulations to reference other documents without reproducing them in full
  • Makes technical and clarifying amendments to the French version of the Customs Act and repeals one provision about prescribed persons
Who Is Affected
  • People entering, in, or leaving customs controlled areas
  • Businesses and persons importing goods into Canada
  • Customs officers and agents of the Canada Border Services Agency
  • Vessel operators and conveyance owners
  • Persons responsible for reporting information about conveyances before arrival in Canada
  • Anyone acquiring goods while in a customs controlled area
  • Importers who need to calculate customs duty values based on identical or similar goods
Rights, Duties, Or Obligations
  • People in customs controlled areas must present themselves to officers and identify themselves when requested
  • People leaving customs controlled areas must report goods acquired by any means while in the area in the prescribed manner
  • People must present goods for examination, unload conveyances, open packages, and answer questions truthfully when requested by officers
  • Customs officers have expanded authority to conduct non-intrusive examinations of goods without individualized suspicion
  • The Minister may require prescribed persons to provide advance information about conveyances, persons, and goods before arrival in Canada
  • The Minister has authority to amend, suspend, renew, cancel, or reinstate authorizations to be in customs controlled areas
Important Dates
  • Royal Assent: June 11, 2009
  • Section 5 (amending Section 12(3)(b)): Comes into force on a day to be fixed by order of the Governor in Council
Financial Or Tax Impacts
  • Changes to the calculation of customs duty values for identical and similar goods may affect the amount of duty owed on imports, but the bill does not quantify the financial impact
  • The bill does not specify any direct tax increases, decreases, or financial costs
Enforcement Or Penalties
  • The bill does not specify new penalties or enforcement mechanisms. It authorizes officers to search persons and examine goods under existing customs enforcement authority. Specific penalties for violations would be found in other provisions of the Customs Act not detailed in this bill.
Uncertainties Or Limits
  • The bill text does not specify which types of materials can be incorporated by reference in regulations under the new Section 164.1, only that it may be 'any material regardless of its source'
  • The specific circumstances under which advance information about conveyances must be provided are to be set by future regulation under Section 12.1, and those details are not in this bill
  • The specific persons or classes of persons who are 'prescribed' for various provisions are to be determined by regulation, and the bill does not identify them
  • The manner in which persons must present themselves and goods must be reported is to be set by regulation, and is not detailed in the bill
  • Section 5 of the bill (amending Section 12(3)(b)) is stated to come into force on a day to be fixed by order of the Governor in Council, meaning its effective date is not yet determined
  • The bill does not explain what 'non-intrusive examination' means or what techniques this includes
  • The bill does not provide details about what constitutes 'reasonable grounds' for search and examination
  • The bill does not specify what information may be withheld or under what conditions such information sharing might be restricted
Laws Or Regulations Affected
Customs Act
amended

Multiple sections of the Customs Act are changed, including sections governing customs controlled areas, presentation and reporting of goods and persons, determination of duty values, searches, examinations, and regulations.

Source: Sections 1–17 of Bill S-2

Section 2(4) of the Customs Act (French version)
amended

Clarifies the Minister's power to authorize customs agents to exercise powers and functions, including judicial or quasi-judicial powers.

Source: Section 1 of Bill S-2

Section 11.3 of the Customs Act
amended

Restructures the rule so that a person must be authorized by the Minister to be in a customs controlled area. Adds a new power allowing the Minister to amend, suspend, renew, cancel, or reinstate an authorization.

Source: Section 2 of Bill S-2

Section 11.4 of the Customs Act
amended

Expands and clarifies obligations for people leaving or in customs controlled areas. People must present themselves, identify themselves, report acquired goods, present goods for examination, answer questions truthfully, and unload conveyances or open packages when requested.

Source: Section 3 of Bill S-2

Section 11.5 of the Customs Act
amended

Updates the regulation-making power to address access to customs areas and the manner of presenting oneself and reporting goods.

Source: Section 4 of Bill S-2

Section 12(3)(b) of the Customs Act
amended

Allows the Governor in Council to prescribe persons who must report goods on board a conveyance arriving in Canada.

Source: Section 5 of Bill S-2

Section 12.1 of the Customs Act (new)
created

Creates a new regulation-making power allowing the Governor in Council to require advance information about conveyances, persons, and goods before arrival in Canada, and to set the time, manner, and circumstances for providing this information.

Source: Section 6 of Bill S-2

Section 48(1)(c) of the Customs Act
amended

Clarifies rules about when proceeds from resale or disposal of goods accrue to the vendor, affecting how the price paid for goods is determined for customs duty purposes.

Source: Section 7 of Bill S-2

Section 49 of the Customs Act
amended

Updates provisions for determining customs duty values based on the transaction value of identical goods sold for export to Canada, clarifying language about trade levels and quantities.

Source: Section 8 of Bill S-2

Section 50 of the Customs Act
amended

Updates provisions for determining customs duty values based on the transaction value of similar goods sold for export to Canada, clarifying language about trade levels and quantities.

Source: Section 9 of Bill S-2

Section 99.2 of the Customs Act
amended

Clarifies officers' powers to search persons in or leaving customs controlled areas. Officers may search any person if they have reasonable grounds to suspect a contravention. Officers may also search prescribed persons or classes of persons in accordance with regulations.

Source: Section 10 of Bill S-2

Section 99.3 of the Customs Act
amended

Allows officers to conduct non-intrusive examinations of goods without individualized suspicion, in accordance with regulations. Officers may also examine other goods, open baggage, and examine or detain abandoned goods if they suspect a contravention.

Source: Section 11 of Bill S-2

Section 107.1(1) of the Customs Act
amended

Updates the Minister's power to require prescribed persons to provide information about persons on board conveyances, clarifying the circumstances, time, and manner.

Source: Section 12 of Bill S-2

Section 127.1(1)(b) of the Customs Act (French version)
amended

Technical clarification to the French version regarding reduction of security amounts when an infraction occurred.

Source: Section 13 of Bill S-2

Section 139.1(4) of the Customs Act (French version)
amended

Technical amendment to the French version clarifying service of notice requirements.

Source: Section 14 of Bill S-2

Section 149.1 of the Customs Act (French version)
amended

Technical amendment to the French version regarding affidavit evidence of assessment notices and appeals.

Source: Section 15 of Bill S-2

Section 164(1)(b) of the Customs Act
repealed

Removes a provision (details of which are not specified in the bill text provided).

Source: Section 16 of Bill S-2

Section 164.1 of the Customs Act (new)
created

Allows regulations made under the Customs Act to incorporate external materials by reference, either as they exist on a particular date or as amended from time to time.

Source: Section 17 of Bill S-2

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

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. On 29 January 2009, the Leader of Government in the Senate introduced Bill S-2, An Act to amend the Customs, in the Senate and it was given first reading. 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.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Jan 29, 2009
Completed

Bill S-2, an Act to amend the Customs Act, completed its First Reading in the Senate on January 29, 2009, and later received Royal Assent on June 11, 2009.

Introduction and first reading, Jan 29, 2009
End of stage activity, Jan 29, 2009
Chamber sittings
Introduction and first reading - Jan 29, 2009

On January 29, 2009, the Senate introduced Bill S-2 to amend the Customs Act and engaged in various debates and procedural matters.

Step 2
Second reading
Mar 3, 2009
Completed

Bill S-2, an Act to amend the Customs Act, completed its second reading stage in the Senate on March 3, 2009.

Second reading, Mar 3, 2009
Referral to committee, Mar 3, 2009
End of stage activity, Mar 3, 2009
Chamber sittings
Debate at second reading - Feb 3, 2009

During a Senate sitting on February 3, 2009, senators debated second reading of Bill S-2 (Customs Act amendment) and Bill S-3 (Energy Efficiency Act amendment), with both debates adjourned, and raised points of order concerning other bills, amidst other routine parliamentary business.

During the Senate's second reading debate of Bill S-2, An Act to amend the Customs Act, its sponsor explained how the bill would enhance border security through advanced data collection and risk management, while other senators discussed various other matters before the adjournment of the debate.

Debate at second reading - Feb 24, 2009

During a Senate sitting on February 24, 2009, debate on Bill S-2, An Act to amend the Customs Act, continued with Senator Joseph A. Day explaining the bill's purpose and recommending it proceed to committee for detailed study.

During the Senate's second reading debate on Bill S-2, an Act to amend the Customs Act, Senator Joseph A. Day recommended the bill proceed to committee for detailed study, outlining its key provisions concerning customs controlled areas, advance passenger information, and trade valuation.

Debate at second reading - Feb 25, 2009

During a Senate sitting on February 25, 2009, a debate continued on Bill S-2, raising concerns about its regulation-making powers and parliamentary oversight, alongside other routine proceedings and discussions on various government matters.

Debate at second reading - Mar 3, 2009

The Senate debated and advanced Bill S-2, An Act to amend the Customs Act, to the committee stage.

Step 3
Consideration in committee
Mar 31, 2009
Completed

The Senate completed its committee stage review of Bill S-2, An Act to amend the Customs Act, on March 31, 2009.

Committee report presented with an amendment, Mar 31, 2009
End of stage activity, Mar 31, 2009
Chamber sittings
Committee report presented with an amendment - Mar 31, 2009

The Senate considered committee reports and other legislative matters on March 31, 2009, including the presentation of a report on Bill S-2 with an amendment.

Step 4
Report stage
Apr 21, 2009
Completed

The Senate completed its Report stage for Bill S-2, an act to amend the Customs Act, on April 21, 2009, prior to the bill receiving Royal Assent.

Committee report adopted, Apr 21, 2009
End of stage activity, Apr 21, 2009
Chamber sittings
Debate at consideration of committee report - Apr 1, 2009

During a Senate sitting on April 1, 2009, members acknowledged anniversaries and honoured individuals, tabled reports, debated numerous bills including amendments to the Customs Act, and addressed various questions and matters of privilege before adjourning.

Debate at consideration of committee report - Apr 2, 2009

On April 2, 2009, the Senate debated committee reports on various bills, including the Customs Act, heard statements on topical issues, held question period, and continued debates on several legislative matters, with the "Customs Act, Bill to Amend" being at the debate stage of its committee report consideration.

Debate at consideration of committee report - Apr 21, 2009

On April 21, 2009, the Senate met, heard senators' statements, dealt with routine proceedings, engaged in question period, and adopted a report with an amendment to Bill S-2, an Act to amend the Customs Act, scheduling it for third reading.

Step 5
Third reading
Apr 23, 2009
Completed

Bill S-2, an Act to amend the Customs Act, completed its third reading in the Senate on April 23, 2009, and later received Royal Assent on June 11, 2009.

Third reading, Apr 23, 2009
End of stage activity, Apr 23, 2009
Chamber sittings
Debate at third reading - Apr 22, 2009

On April 22, 2009, the Senate debated Bill S-2, an Act to amend the Customs Act, at its third reading, focusing on border security measures, with debate ultimately adjourned due to questions about Charter compatibility.

Debate at third reading - Apr 23, 2009

During a Senate sitting on April 23, 2009, the third reading debate and subsequent passage of Bill S-2, an Act to amend the Customs Act, occurred, alongside discussions on Charter compliance and other legislative matters.

Step 1
First reading
Apr 27, 2009
Completed

Bill S-2, concerning amendments to the Customs Act, completed its first reading in the House of Commons on April 27, 2009, as part of its legislative journey that concluded with Royal Assent.

First reading, Apr 27, 2009
End of stage activity, Apr 27, 2009
Chamber sittings
First reading - Apr 27, 2009

This House of Commons Hansard record from April 27, 2009, details the first reading of Bill S-2, the Customs Act amendment, alongside debates on various other parliamentary matters.

Step 2
Second reading
May 5, 2009
Completed

The House of Commons completed the second reading of Bill S-2, An Act to amend the Customs Act, on May 5, 2009, before referring it to committee, and the bill later received Royal Assent.

Second reading and referral to committee, May 5, 2009
End of stage activity, May 5, 2009
Chamber sittings
Debate at second reading - May 4, 2009

During a debate on Bill S-2, Members of Parliament discussed proposed amendments to the Customs Act aimed at enhancing border security through expanded search powers, advance data collection, and improved risk management, while also considering the balance between security and trade facilitation.

Debate at second reading - May 5, 2009

The House of Commons debated Bill S-2 at second reading, focusing on amendments to the Customs Act concerning electronic data submission, customs controlled areas, and search powers, before referring it to committee.

Step 3
Consideration in committee
May 26, 2009
Completed

The House of Commons completed its committee consideration of Bill S-2, an Act to amend the Customs Act, on May 26, 2009, before it received royal assent.

Committee report presented, May 26, 2009
End of stage activity, May 26, 2009
Chamber sittings
Committee report presented - May 26, 2009

This record details a House of Commons sitting on May 26, 2009, covering bill introductions, committee reports, points of order, immigration debates, the passage of the Cree-Naskapi (Quebec) Act, and the tabling and progression of other bills, including the Customs Act and Canadian Agricultural Loans Act.

Step 4
Report stage
May 28, 2009
Completed

On May 28, 2009, the House of Commons completed the report stage and third reading of Bill S-2, an Act to amend the Customs Act, before it received Royal Assent.

Concurrence at report stage, May 28, 2009
End of stage activity, May 28, 2009
Chamber sittings
Debate at report stage - May 28, 2009

On May 28, 2009, the House of Commons debated and passed Bill S-2, An Act to amend the Customs Act, at third reading, alongside discussions on other legislative matters and the fisheries estimates.

Step 5
Third reading
May 28, 2009
Completed

Bill S-2, An Act to amend the Customs Act, completed Third Reading in the House of Commons on May 28, 2009.

Third reading, May 28, 2009
End of stage activity, May 28, 2009
Chamber sittings
Debate at third reading - May 28, 2009

On May 28, 2009, the House of Commons debated and passed Bill S-2, an Act to amend the Customs Act, at its third reading.

Step 1
Royal assent
Jun 11, 2009
Royal assent, Jun 11, 2009
End of stage activity, Jun 11, 2009
Chamber sittings
Royal assent - Jun 11, 2009

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Marjory LeBreton
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced