Act of Parliament | |
Citation | R. S.C. 1997, c. 36 |
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Dates | |
Royal assent | December 8, 1997 |
Other legislation | |
Relates to | |
Status: Current legislation |
The Customs Tariff Act also known simply as the Customs Tariff, is a Canadian Act of Parliament regulating the implementation of tariffs and export duties by Canada with respect to trade, whether it is covered by an individual free trade agreement made by Canada and another country or trade outside of an agreement, countries designated as least-developed countries, and all other countries.
The Act gives powers to the Government of Canada's Minister of Finance to impose tariffs and duties on goods imported into Canada. Tariffs and duties therefore do not require separate Acts of Parliament. [1] Those tariffs and duties are administered under the Canadian Customs Act by the Canada Border Services Agency (CBSA). The CBSA collects all such revenues on behalf of the Government of Canada.
The Act also gives legal authority to the various trade and free trade agreements entered into by Canada. Each free trade agreement is covered by a specific Act of Parliament, and its implementation and administration is then added to the schedules under this Act.
Canada has concluded trade agreements with many countries, specifying tariffs and importation limits of various goods. Each trade agreement has created a separate treatment of tariffs and trade. Canada has also designated countries with statuses, such as 'Most-Favoured-Nation', 'Preferential' or 'Least Developed Country.'
As of the 2024 revision of the Act, the following are the tariff treatments administered by the CBSA:
Source: Customs Tariff, Government of Canada [2]
The countries and their tariff treatments applicable is published by the CBSA under Schedule T2025. [3] Most countries have Most-Favoured-Nation status. As of 2025, there are two notable exceptions: Belarus and Russia, [4] under measures applied after the invasion of Ukraine. [5]
Division 4 of the Act gives powers to the Minister, along with the Minister of Foreign Affairs, to make special orders regarding trade and tariffs, "for the purpose of enforcing Canada’s rights under a trade agreement in relation to a country or of responding to acts, policies or practices of the government of a country that adversely affect, or lead directly or indirectly to adverse effects on, trade in goods or services of Canada". [2] These include:
Source: Customs Tariff, Government of Canada [2]
The Government can also levy a special surtax as an Emergency Measure if goods are being dumped into Canada at a rate that would damage local producers.(subsections 54-67)
The Goverment can also levy a special surtax as an Safeguard Measure for Agricultural Goods under the World Trade Organization's Agreement on Agriculture.(subsection 68)
In sub-section 89, the Act also defines when goods can be imported into Canada duty-free, such as:
Source: Customs Tariff, Government of Canada [2]
A free trade area is the region encompassing a trade bloc whose member countries have signed a free trade agreement (FTA). Such agreements involve cooperation between at least two countries to reduce trade barriers, import quotas and tariffs, and to increase trade of goods and services with each other. If natural persons are also free to move between the countries, in addition to a free trade agreement, it would also be considered an open border. It can be considered the second stage of economic integration.
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs has been considered as the fiscal subject that charges customs duties and other taxes on import and export. In recent decades, the views on the functions of customs have considerably expanded and now covers three basic issues: taxation, security, and trade facilitation.
National treatment is a principle in international law. Utilized in many treaty regimes involving trade and intellectual property, it requires equal treatment of foreigners and locals. Under national treatment, a state that grants particular rights, benefits or privileges to its own citizens must also grant those advantages to the citizens of other states while they are in that country. In the context of international agreements, a state must provide equal treatment to citizens of the other states participating in the agreement. Imported and locally produced goods should be treated equally — at least after the foreign goods have entered the market.
In international economic relations and international politics, most favoured nation (MFN) is a status or level of treatment accorded by one state to another in international trade. The term means the country which is the recipient of this treatment must nominally receive equal trade advantages as the "most favoured nation" by the country granting such treatment. In effect, a country that has been accorded MFN status may not be treated less advantageously than any other country with MFN status by the promising country.
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border control, immigration enforcement, and customs services in Canada.
Non-tariff barriers to trade are trade barriers that restrict imports or exports of goods or services through mechanisms other than the simple imposition of tariffs. Such barriers are subject to controversy and debate, as they may comply with international rules on trade yet serve protectionist purposes.
The South Asian Free Trade Area (SAFTA) is a 2004 agreement that created a free-trade area of 1.6 billion people in Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka with the vision of increasing economic cooperation and integration.
A free trade agreement (FTA) or treaty is an agreement according to international law to form a free-trade area between the cooperating states. There are two types of trade agreements: bilateral and multilateral. Bilateral trade agreements occur when two countries agree to loosen trade restrictions between the two of them, generally to expand business opportunities. Multilateral trade agreements are agreements among three or more countries, and are the most difficult to negotiate and agree.
The Caribbean-Canada Trade Agreement known as ("CARIBCAN") is a Canadian government programme established under the Customs Tariff Act, in 1986 by the Parliament of Canada. The agreement was created to promote trade, investment and provide industrial cooperation through the preferential access of duty-free goods from the countries of the Commonwealth-Caribbean to the Canadian market.
In international trade, market access refers to a company's ability to enter a foreign market by selling its goods and services in another country. Market access is not the same as free trade, because market access is normally subject to conditions or requirements, whereas under ideal free trade conditions goods and services can circulate across borders without any barriers to trade. Expanding market access is therefore often a more achievable goal of trade negotiations than achieving free trade.
A Certificate of Origin or Declaration of Origin is a document widely used in international trade transactions which attests that the product listed therein has met certain criteria to be considered as originating in a particular country. A certificate of origin / declaration of origin is generally prepared and completed by the exporter or the manufacturer, and may be subject to official certification by an authorized third party. It is often submitted to a customs authority of the importing country to justify the product's eligibility for entry and/or its entitlement to preferential treatment. Guidelines for issuance of Certificates of Origin by chambers of commerce globally are issued by the International Chamber of Commerce.
The ATA Carnet, often referred to as the "Passport for goods", is an international customs document that permits the tax-free and duty-free temporary export and import of nonperishable goods for up to one year. It consists of unified customs declaration forms which are prepared ready to use at every border crossing point. It is a globally accepted guarantee for customs duties and taxes which can replace the security deposit required by each customs authority. It can be used in multiple countries in multiple trips up to its one-year validity. The acronym ATA is a combination of French and English terms "Admission Temporaire/Temporary Admission". The ATA carnet is now the document most widely used by the business community for international operations involving temporary admission of goods.
Rules of origin are the rules to attribute a country of origin to a product in order to determine its "economic nationality". The need to establish rules of origin stems from the fact that the implementation of trade policy measures, such as tariffs, quotas, trade remedies, in various cases, depends on the country of origin of the product at hand.
The European Union Customs Union (EUCU), formally known as the Community Customs Union, is a customs union which consists of all the member states of the European Union (EU), Monaco, and the British Overseas Territory of Akrotiri and Dhekelia. Some detached territories of EU states do not participate in the customs union, usually as a result of their geographic separation. In addition to the EUCU, the EU is in customs unions with Andorra, San Marino and Turkey, through separate bilateral agreements.
The Anziel Nova was meant to be New Zealand's first domestically produced car. A prototype of the fibre-glass bodied car was unveiled in September 1967, however never reached production.
Caribbean Basin Economic Recovery Act of 1983 (CBERA) — P.L. 98-67, Title II, authorized unilateral preferential trade and tax benefits for eligible Caribbean countries, including duty-free treatment of eligible products.
The United States imposes tariffs on imports of goods. The duty is levied at the time of import and is paid by the importer of record. Customs duties vary by country of origin and product. Goods from many countries are exempt from duty under various trade agreements. Certain types of goods are exempt from duty regardless of source. Customs rules differ from other import restrictions. Failure to properly comply with customs rules can result in seizure of goods and criminal penalties against involved parties. The United States Customs and Border Protection (CBP) enforces customs rules.
The Korea–Australia Free Trade Agreement (KAFTA) is a bilateral free trade agreement designed to diminish barriers to trade and investment between Australia and South Korea, effective from the 12th December 2014. The agreement is designed to improve market access for Australian exporters of goods and services and for investment in South Korea. KAFTA builds upon several decades of bilateral relations, rooted in diplomatic, trade, and security cooperation, which have evolved since 1962. During that year, President Park Chung-Hee introduced a series of five-year economic plans aimed at improving South Korea's industrial development and involvement in the global economy in the aftermath of the Korean War.
Australian governments, both those of the colonies after the introduction of responsible government in the 1850s and the national government since federation in 1901, have had the power to fix and change tariff rates. This power resides in the respective legislatures, with tariffs, being a tax law, is required to originate in the lower house of the legislature.
Duty Free Tariff Preference (DFTP) is a unilateral non-reciprocal preferential tariff scheme provided by the Government of India for the least developed countries (LDCs). The scheme was officially introduced on 13 August 2008. India was the first developing country to introduce a preferential tariff program for the LDCs.