12 September 2001

CSCB Proposal regarding Application for Extension of Time Limit

The CSCB was asked by the CCRA to comment upon some specific new policies and procedures resulting from Customs Act changes and additions that are contained in Bill S-23. Parliamentary debate on S-23 will resume in the House of Commons in the fall.

One of the additions to the Act is section 60.1. This new section will allow clients to apply for an extended time limit to file a request under section 60.(1) beyond the 90 day time limit.

The CCRA has proposed the following method of application for an extension of time limit.

1. Client submits a letter to the appropriate regional Appeals Division Unit demonstrating that the condition in 60(1)(6) are met. The letter must be accompanied by a fully supported and completed B2 that indicated BOTH sections 60 and 60.1 as the legislative authority.

2. The Agency will inventory the B2 in the CCS as a section 60.1 application. If the application is refused, the Agency will give notice of the decision on a DAS. [Please note that the only decision made is to NOT accept the application.]

3. If the application is granted, the Agency will duplicate the B2 and inventory the duplicate as a section 60 request. The Agency will advise the client that the 60.1 decision has been granted by issuing a DAS using the bar code number supplied by the client on the B2. The DAS will identify a new Agency bar code number that is assigned to the section 60 request. This request will be processed in the usual manner and the decision that is issued will reflect the Agency's bar code number. [The DAS, as is the case now, will reflect the bar code number of the original transaction].

These issues were discussed by the NCOI; a copy of our letter of 7 September 2001 to the CCRA follows:

Ms. Marlene Koehler
Manager, Policy and Procedures Unit
Trade Administration Dispute Resolution Division
Appeals Branch
Albion Tower, 14th floor, 25 Nicholas Street
Ottawa, ON K1A 0L5

Dear Ms. Koehler:

Thank you for meeting with Janice McBride and me to discuss the new policies and procedures that will result from specific changes and additions to the Customs Act once Bill S-23 is passed.

One of the items that we discussed at our meeting concerned the circumstances that would cause a client to be unable to act, or give a mandate to an agent, under section 60 of the Customs Act. Some of the circumstances that were mentioned included fires, floods, and strike action. However, as well as listing various eligible circumstances, there must also be a written provision for case-by-case determinations.

Our members also expressed concern with the method by which the Agency plans to process those B2's which are allowed to be filed after the time limits specified in section 60. In these cases, the Agency must ensure that the original transaction number is referenced at all times.

Once again, thank you for allowing our members the opportunity to comment.

Sincerely,
Michelle Criger