Vol. 149, No. 9 — May 6, 2015

Registration

SOR/2015-90 April 24, 2015

CUSTOMS ACT

Regulations Amending Certain Regulations Made Under the Customs Act

P.C. 2015-443 April 23, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 8.1(8) (see footnote a), sections 12 (see footnote b) and 12.1 (see footnote c), subsection 14(2), sections 22 (see footnote d) and 30 (see footnote e) and subsections 109.1(3) (see footnote f) and 164(1) (see footnote g) of the Customs Act (see footnote h), makes the annexed Regulations Amending Certain Regulations Made Under the Customs Act.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CUSTOMS ACT

PART 1

AMENDMENTS COMING INTO FORCE ON THE DAY REFERRED TO IN SUBSECTION 52(1)
REPORTING OF IMPORTED GOODS REGULATIONS

1. (1) The definition “commercial goods” in section 2 of the Reporting of Imported Goods Regulations (see footnote 1) is replaced by the following:

“commercial goods” means goods that are or will be imported for sale or for any commercial, industrial, occupational, institutional or other similar use; (marchandises commerciales)

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

2. Sections 2.1 to 4 of the Regulations are replaced by the following:

2.1 In these Regulations,

TIME FOR REPORTING GOODS

3. Except as otherwise provided in these Regulations, all goods that are imported shall be reported under section 12 of the Act without delay after arrival in Canada.

3.1 Subject to sections 8 and 9, specified goods that are imported by water shall be reported under section 12 of the Act without delay after the vessel that is transporting them lands at a customs office following arrival in Canada.

3.2 Specified goods that are imported by air shall be reported under section 12 of the Act without delay after the aircraft that is transporting them is cleared by NAV CANADA to land at an airport following arrival in Canada.

MANNER OF REPORTING GOODS

4. Unless a person is required to report goods in writing under section 5 or is permitted to report them orally under that section or in writing under section 12, they shall report the goods to the Agency by electronic means in accordance with the technical requirements, specifications and procedures that are set out in the Electronic Commerce Client Requirements Document.

3. (1) Paragraph 5(1)(b) of the Regulations is replaced by the following:

(2) Subsection 5(1) of the Regulations is amended by adding “and’’ at the end of paragraph (d) and by replacing paragraphs (e) and ( f) with the following:

4. Section 6 of the Regulations is repealed.

5. The Regulations are amended by adding the following after section 7.1:

7.2 If goods are reported under section 12 of the Act by electronic means, the report is not required to be made at the nearest customs office designated for that purpose.

6. The portion of section 8 of the Regulations before paragraph (a) is replaced by the following:

8. Canadian-built commercial fishing vessels and duty-paid fishing vessels that are registered under the Canada Shipping Act, 2001 and that are imported during a fishing season may be reported at the close of that fishing season if the vessels do not, after last having been reported under section 9 of the Reporting of Exported Goods Regulations,

7. Sections 9 and 10 of the Regulations are replaced by the following:

9. (1) A vessel that is used on a day solely or principally to transport highway conveyances or passengers across international waters may be reported on that day after the vessel’s last trip.

(2) Subsection (1) does not apply if the vessel transports specified goods to Canada that are required to be reported by the person in charge of the vessel.

8. Sections 12 to 13.91 of the Regulations are replaced by the following:

12. If a conveyance is unloaded in the circumstances set out in subsection 14(1) of the Act, the conveyance and the goods described in subsection 14(2) of the Act shall be reported under that subsection by telephone or other expedient means. The conveyance and goods shall then be reported under section 12 of the Act in writing or by electronic means without delay.

INFORMATION REQUIRED — TRANSPORT OF SPECIFIED GOODS
MARINE MODE

13. (1) If specified goods will be transported to Canada by vessel, the carrier that operates the vessel is required under subsection 12.1(1) of the Act to give the Agency

(2) Despite subsection (1), the carrier is not required to give the information if

14. (1) The carrier shall give the Agency the information set out in Part 1 of Schedule 1

(2) Despite subsection (1), if the vessel will arrive in Canada directly from the United States or Puerto Rico and all of the shipments for which the carrier is responsible were loaded onto it in the United States or Puerto Rico, the carrier shall give the information

(3) Despite subsections (1) and (2), the carrier shall give the information before or at the time the vessel leaves the last foreign port before its arrival in Canada if the duration of the voyage from that foreign port to the vessel’s port of arrival is less than the period within which the information would otherwise be given.

15. (1) The carrier shall give the Agency the information set out in Part 1 of Schedule 2

(2) Despite subsection (1), if the vessel will arrive in Canada directly from the United States or Puerto Rico and the shipment was loaded onto it in the United States or Puerto Rico, the carrier shall give the information

(3) Despite paragraphs (1)(b) and (c) and subsection (2), the carrier shall give the information before or at the time the vessel leaves the last foreign port before its arrival in Canada if the duration of the voyage from that foreign port to the vessel’s port of arrival is less than the period within which the information would otherwise be given.

AIR MODE

16. (1) If specified goods will be transported to Canada by aircraft, the carrier that operates the aircraft is required under subsection 12.1(1) of the Act to give the Agency

(2) Despite subsection (1), the carrier is not required to give the information if

(3) Despite subsection (1), the carrier is not required to give the information set out in Part 2 of Schedule 2 for a shipment if it consists of goods that the carrier will transport as or on behalf of a courier and those goods will be released under subsection 32(4) of the Act before the accounting required under subsection 32(1) of the Act and the payment of duties.

17. The carrier shall give the Agency the information no later than four hours before the aircraft is scheduled to arrive at its airport of arrival or, if the duration of the flight to Canada is less than four hours, no later than the aircraft’s time of departure.

HIGHWAY MODE

18. (1) If specified goods will be transported to Canada by a highway conveyance, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency

(2) Despite subsection (1), the carrier is not required to give the information if

(3) Despite subsection (1), the carrier is not required to give the information set out in Part 3 of Schedule 2 for a shipment if

19. The carrier shall give the Agency the information at least one hour before the highway conveyance arrives in Canada.

RAIL MODE

20. (1) If specified goods will be transported to Canada by a rail conveyance, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency

(2) Despite subsection (1), the carrier is not required to give the information if

(3) Despite subsection (1), the carrier is not required to give the information set out in Part 3 of Schedule 2 for a shipment if

21. The carrier shall give the Agency the information at least two hours before the rail conveyance arrives in Canada.

INFORMATION REQUIRED — OTHER CIRCUMSTANCES

22. (1) If a marine pleasure craft will arrive in Canada with no specified goods on board and the person in charge of the marine pleasure craft is authorized to present themselves in the alternative manner described in paragraph 11(e) of the Presentation of Persons (2003) Regulations, that person is required under subsection 12.1(1) of the Act to give the Agency the time and place at which the marine pleasure craft is scheduled to land following arrival in Canada and a description of all of the goods carried on board, including their value and quantity.

(2) The person in charge of the marine pleasure craft shall give the information by telephone to an officer at a designated customs office at least 30 minutes but no more than four hours before the marine pleasure craft arrives in Canada.

(3) The person in charge of the marine pleasure craft shall, before it arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change, and explain the circumstances, by telephone when the marine pleasure craft arrives in Canada.

23. (1) If a corporate aircraft or private aircraft will arrive in Canada with no specified goods on board and the person in charge of the aircraft is authorized to present themselves in an alternative manner described in paragraph 11(b) or (c) of the Presentation of Persons (2003) Regulations, that person is required under subsection 12.1(1) of the Act to give the Agency the time and place at which the aircraft is scheduled to land following arrival in Canada and a description of all of the goods carried on board, including their value and quantity.

(2) The person in charge of the aircraft shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the aircraft arrives in Canada.

(3) The person in charge of the aircraft shall, before it arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change, and explain the circumstances, by telephone when the aircraft arrives in Canada.

24. (1) If a highway conveyance that is ordinarily used to transport specified goods to or from Canada will arrive in Canada with no specified goods on board, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency the information set out in Part 3 of Schedule 1.

(2) Despite subsection (1), the carrier is not required to give the information if

(3) The carrier shall give the information at least one hour before the highway conveyance arrives in Canada.

25. (1) If a rail conveyance that is ordinarily used to transport specified goods to or from Canada will arrive in Canada with no specified goods on board and either with no rail car or with all of its rail cars empty, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency the information set out in Part 4 of Schedule 1.

(2) The carrier shall give the information at least two hours before the rail conveyance arrives in Canada.

26. (1) If a rail conveyance that is ordinarily used to transport specified goods to or from Canada will arrive in Canada, a crew member on board the conveyance who will have goods in their actual possession or that form part of their baggage on arrival in Canada is required under subsection 12.1(1) of the Act to give the Agency the time and place at which the conveyance is scheduled to arrive in Canada.

(2) The crew member shall give the information by radio or telephone to the chief officer of customs at the place at which the rail conveyance is scheduled to arrive in Canada at least two hours before it arrives.

27. (1) If a vessel, aircraft or rail conveyance is or will be used to transport 30 or more persons to Canada other than on a regular schedule or predetermined charter schedule, the carrier that operates the conveyance is required under subsection 12.1(1) of the Act to give the Agency the following information:

(2) Despite paragraphs (1)(a) and (b), the carrier is not required to give the information when the person in charge of the conveyance is required to give it in the circumstances set out in subsection 22(1) or 23(1).

(3) The carrier shall give the information in writing to the chief officer of customs at the place referred to in paragraph (1)(a), (b) or (c), as the case may be, at least 72 hours before the conveyance arrives in Canada.

GENERAL PROVISION REGARDING TIME FOR GIVING INFORMATION BEFORE ARRIVAL

28. For greater certainty, nothing in any of sections 13 to 27 permits a person to give information to the Agency under subsection 12.1(1) of the Act on or after the arrival of the conveyance in Canada.

MANNER OF GIVING INFORMATION BEFORE ARRIVAL

29. A person that is required to give information to the Agency under subsection 12.1(1) of the Act in the circumstances set out in section 13, 16, 18, 20, 24 or 25 shall give the Agency the information by electronic means in accordance with the technical requirements, specifications and procedures that are set out in the Electronic Commerce Client Requirements Document.

CORRECTIONS

30. A person that gives information to the Agency under subsection 12.1(1) of the Act in the circumstances set out in section 13, 16, 18, 20, 24 or 25 shall, if they become aware that the information is inaccurate or incomplete, notify the Agency without delay by electronic means of a change to that information.

CARRIER CODE

31. The requirements and conditions that are to be met before the Minister may issue a carrier code are the following:

32. A person that holds a carrier code shall notify the Agency without delay of

33. (1) The circumstances in which the Minister may suspend a carrier code held by a person are the following:

(2) The Minister shall notify the person that holds the carrier code without delay and in writing of the suspension of the carrier code, the period during which the suspension applies and the reasons for the suspension.

(3) The person may make representations to the Minister within the period of suspension as to why the carrier code should be reinstated.

(4) The Minister may reinstate a carrier code that is suspended under subsection 12.1(5) of the Act only if the matter that gave rise to the suspension has been corrected during the period of suspension.

34. (1) The circumstances in which the Minister may cancel a carrier code held by a person are the following:

(2) Before cancelling a carrier code, the Minister shall send written notice of the proposed cancellation and the reasons for it to the last known address of the person that holds the carrier code and, unless the carrier code is being cancelled in the circumstances set out in paragraph (1)(e) or (f), shall give the person the opportunity to make representations in writing as to why the carrier code should not be cancelled.

(3) The cancellation of a carrier code is not effective until the earlier of

35. The following persons are exempted from holding a valid carrier code:

9. Section 14 of the Regulations, as enacted by SOR/86-873, is renumbered as section 36 and that section 36 and the heading before it are repositioned accordingly.

10. Schedule 1 to the Regulations is amended by replacing the references after the heading “SCHEDULE 1” with the following:

(Paragraph 13(1)(a), subsection 14(1), paragraphs 16(1)(a), 18(1)(a) and 20(1)(a) and subsections 24(1) and 25(1))

11. The heading “PARTIE I” in Schedule 1 to the French version of the Regulations is replaced by “PARTIE 1”.

12. Item 8 of Part 1 of Schedule 1 to the Regulations is replaced by the following:

8. Carrier code

13. Item 5 of Part 2 of Schedule 1 to the Regulations is replaced by the following:

5. Carrier code

14. Schedule 1 to the Regulations is amended by adding the following after Part 2:

PART 3

HIGHWAY MODE

  1. Conveyance reference number — Number assigned by the carrier, beginning with its carrier code, to identify the trip to Canada by the highway conveyance
  2. Code provided by the Agency to identify the customs office in Canada at which the carrier expects a report to be made under section 12 of the Act with respect to goods transported on board the conveyance (see reference 1*)
  3. Estimated date and time of arrival of the conveyance in Canada
  4. Code provided by the Agency to identify the mode of conveyance (see reference 2*)
  5. Code provided by the Agency to indicate whether the conveyance is empty or loaded (see reference 3*)
  6. Licence plate number of the conveyance and the country and province or state of issue
  7. Licence plate number of each trailer and the country and province or state of issue
  8. Seal numbers, if any, for each cargo container on board the conveyance
  9. Manifest summary list — List of all of the primary cargo control numbers (the number assigned by the carrier, beginning with its carrier code, to a bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of specified goods on board the conveyance)

PART 4

RAIL MODE

  1. Conveyance reference number — Number assigned by the carrier, beginning with its carrier code, to identify the trip to Canada by the rail conveyance
  2. Code provided by the Agency to identify the customs office in Canada at which the carrier expects a report to be made under section 12 of the Act with respect to goods transported on board the conveyance (see reference 4*)
  3. Estimated date and time of arrival of the conveyance in Canada
  4. Code provided by the Agency to identify the mode of conveyance (see reference 5*)
  5. Codes provided by the Agency to indicate whether the conveyance and each rail car that is part of the conveyance are empty or loaded (see reference 6*)
  6. Number assigned by the carrier that identifies each locomotive
  7. Number assigned by the carrier that identifies each rail car
  8. Number that identifies each cargo container on board the conveyance
  9. Manifest summary list — List of all of the primary cargo control numbers (the number assigned by the carrier, beginning with its carrier code, to a bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of specified goods on board the conveyance)

15. Schedule 2 to the Regulations is amended by replacing the references after the heading “SCHEDULE 2” with the following:

(Paragraph 13(1)(b), subsection 15(1), paragraph 16(1)(b), subsection 16(3), paragraph 18(1)(b), subsection 18(3), paragraph 20(1)(b) and subsection 20(3))

16. The heading “CARGO DATA” in Schedule 2 to the English version of the Regulations is replaced by “DATA RELATING TO CARGO”.

17. Item 12 of Part 1 of Schedule 2 to the Regulations is replaced by the following:

12. Carrier code

18. Item 5 of Part 2 of Schedule 2 to the Regulations is replaced by the following:

5. Carrier code

19. Schedule 2 to the Regulations is amended by adding the following after Part 2:

PART 3

HIGHWAY AND RAIL MODES

  1. Code provided by the Agency to identify the movement of the shipment (see reference 7*)
  2. Cargo control number — Number assigned by the carrier, beginning with its carrier code, to identify the shipment
  3. Code provided by the Agency to indicate every condition that applies to the carriage of the shipment and that is listed in the bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of the shipment (see reference 8*)
  4. Manifest quantity and qualifier — Number and nature of pieces indicated on the bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of the shipment
  5. Code provided by the Agency to identify the mode of conveyance (see reference 9*)
  6. In the case of a shipment that was transported by vessel from a location outside Canada or the United States to a port in the United States and that will then be transported by a highway conveyance or a rail conveyance from the United States to Canada without passing through any other country, the ocean bill of lading number (the number assigned by the carrier that operated the vessel to the bill of lading, waybill or similar document that was issued by that carrier and that relates to the carriage of the shipment on board the vessel)
  7. Estimated date of arrival of the conveyance in Canada
  8. Foreign address where the shipment is transferred to the carrier that will transport it to Canada, if that address is different from the shipper’s address
  9. Foreign address where the shipment is loaded onto the conveyance that will transport it to Canada
  10. If a cargo container contains all or part of the shipment or is an empty cargo container that is for sale,
    • (a) the number that identifies the cargo container,
    • (b) the number assigned by the carrier that describes its size and type, and
    • (c) the seal numbers for it, if any
  11. Consolidation indicator that indicates whether the shipment consists of more than one shipment for which a freight forwarder is responsible (see reference 10*)
  12. Description of the goods in the shipment
  13. The Customs Tariff item number that applies to each good in the shipment
  14. Each UN number listed in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations that applies to a good in the shipment
  15. Weight of the shipment and unit of measurement
  16. Name and address of the shipper of the shipment
  17. Name and address of the consignee of the shipment, every delivery address and name of every person to be notified, as indicated on the bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of the shipment
  18. Customs Self-Assessment (CSA) indicator that indicates whether the importer of the shipment has given written instructions to the carrier to submit a request to the Agency under paragraph 32(2)(b) of the Act for its release and, if so, the importer’s business number (see reference 11*)
  19. Code provided by the Agency to identify the customs office in Canada at which the carrier expects a report to be made under section 12 of the Act with respect to goods transported on board the conveyance (see reference 12*)
  20. Code provided by the Agency to identify the location where the shipment will be unloaded from the conveyance in Canada (see reference 13*)
  21. Location where the release of the shipment will be sought
  22. Description of all markings on the outer packaging of the shipment, if any
TRANSPORTATION OF GOODS REGULATIONS

20. (1) Paragraph 7(1)(a) of the Transportation of Goods Regulations (see footnote 2) is replaced by the following:

(2) Paragraph 7(2)(a.1) of the Regulations is replaced by the following:

(3) Subsection 7(3) of the Regulations is replaced by the following:

(3) In addition to the records described in subsection (1), for the purposes of section 22 of the Act, a person referred to in that section is required to keep the original or a copy of the following records:

CUSTOMS SUFFERANCE WAREHOUSES REGULATIONS

21. Section 14 of the Customs Sufferance Warehouses Regulations (see footnote 3) is replaced by the following:

14. (1) Every licensee shall acknowledge the receipt of goods in the sufferance warehouse by electronic means.

(2) However, if the goods were transported to Canada by or on behalf of a courier and will be released under subsection 32(4) of the Act before the accounting required under subsection 32(1) of the Act and the payment of duties, the licensee shall acknowledge the receipt of the goods in the sufferance warehouse by

(3) For the purposes of subsection (2), “courier” has the same meaning as in section 2 of the Persons Authorized to Account for Casual Goods Regulations.

DESIGNATED PROVISIONS (CUSTOMS) REGULATIONS

22. Part 1 of Schedule 1 to the Designated Provisions (Customs) Regulations (see footnote 4) is amended by adding the following after item 8:

Item Column 1

Designated Provision		 Column 2

Short-form Description
8.1 12.1(2) Failing to hold a valid carrier code
8.2 12.1(7) Failing to comply with a notification

23. Item 6 of Part 4 of Schedule 1 to the Regulations is replaced by the following:

Item Column 1

Designated Provision		 Column 2


Short-form Description
6. 14(1) Failing to acknowledge receipt of goods by electronic means
6.1 14(2) Failing to acknowledge receipt of goods in the prescribed manner

24. Part 7.1 of Schedule 1 to the Regulations is replaced by the following:

PART 7.1

REPORTING OF IMPORTED GOODS REGULATIONS

Item Column 1

Designated Provision		 Column 2


Short-form Description
1. 14 Failing to give the Agency prescribed information at the prescribed time
2. 15 Failing to give the Agency prescribed information at the prescribed time
3. 17 Failing to give the Agency prescribed information at the prescribed time
4. 19 Failing to give the Agency prescribed information at the prescribed time
5. 21 Failing to give the Agency prescribed information at the prescribed time
6. 24(3) Failing to give the Agency prescribed information at the prescribed time
7. 25(2) Failing to give the Agency prescribed information at the prescribed time
8. 29 Failing to give the Agency prescribed information in the prescribed manner
9. 30 Failing to notify the Agency without delay of a change to prescribed information given before arrival in Canada
10. 32 Failing to notify the Agency without delay of specified information
PRESENTATION OF PERSONS (2003) REGULATIONS

25. (1) Subsection 4(1) of the Presentation of Persons (2003) Regulations (see footnote 5) is replaced by the following:

Information to be provided — non-commercial passenger conveyance

4. (1) The person in charge of a non-commercial passenger conveyance, other than a marine pleasure craft, that will arrive in Canada who intends to present themselves and all other persons on board the conveyance by telephone to an officer at a designated customs office is required under subsection 12.1(1) of the Act to give the Agency the conveyance’s scheduled time and place of arrival in Canada and, if it is different, the conveyance’s place of final destination in Canada and scheduled time of arrival at that destination.

Time and manner of providing information

(1.1) The person in charge of the conveyance shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the conveyance arrives in Canada.

(2) Subsection 4(3) of the Regulations is replaced by the following:

Change to information

(3) A person in charge of a conveyance who gives information in the circumstances set out in this section shall, before the conveyance arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change and the circumstances when the conveyance arrives in Canada.

26. Subsection 15(1) of the Regulations is replaced by the following:

Information to be provided — aircraft

15. (1) The person in charge of a corporate aircraft or private aircraft that will arrive in Canada who intends to present themselves and all other authorized persons on board the aircraft in an alternative manner described in paragraph 11(b) or (c) is required under subsection 12.1(1) of the Act to give the Agency the aircraft’s scheduled time and place of arrival in Canada and, if it is different, the aircraft’s final place of destination in Canada and scheduled time of arrival at that destination.

Time and manner of providing information

(1.1) The person in charge of the aircraft shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the aircraft arrives in Canada.

27. Subsection 17(1) of the Regulations is replaced by the following:

Information to be provided — marine pleasure craft

17. (1) The person in charge of a marine pleasure craft that will arrive in Canada who intends to present themselves and all other authorized persons on board the marine pleasure craft in the alternative manner described in paragraph 11(e) is required under subsection 12.1(1) of the Act to give the Agency the marine pleasure craft’s scheduled time and place of arrival in Canada and, if it is different, the marine pleasure craft’s final place of destination in Canada and scheduled time of arrival at that destination.

Time and manner of providing information

(1.1) The person in charge of the marine pleasure craft shall give the information by telephone to an officer at a designated customs office at least 30 minutes but no more than four hours before the marine pleasure craft arrives in Canada.

28. Section 18 of the Regulations is replaced by the following:

Change to information

18. A person in charge of a conveyance who gives information in the circumstances set out in section 15 or 17 shall, before the conveyance arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change and the circumstances when the conveyance arrives in Canada.

PART 2

AMENDMENTS COMING INTO FORCE ON THE DAY REFERRED TO IN SUBSECTION 52(2)
REPORTING OF IMPORTED GOODS REGULATIONS

29. The Reporting of Imported Goods Regulations (see footnote 6) are amended by adding the following before section 13:

Carrier

30. Subsection 13(1) of the Regulations is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

31. The Regulations are amended by adding the following after section 15:

15.1 The carrier shall give the Agency the information set out in Schedule 3 within 48 hours after the vessel leaves the last foreign port before its arrival in Canada.

Freight Forwarder

15.2 If one or more shipments for which a freight forwarder is responsible will be transported to Canada by vessel, the freight forwarder is required under subsection 12.1(1) of the Act to give the Agency, for each shipment,

15.3 (1) The freight forwarder shall give the Agency the information

(2) Despite paragraph (1)(a), if the vessel will arrive in Canada directly from the United States or Puerto Rico and the shipment was loaded onto it in the United States or Puerto Rico, the freight forwarder shall give the information at least 24 hours before the vessel is scheduled to arrive at its port of arrival.

(3) Despite paragraph (1)(b) and subsection (2), the freight forwarder shall give the information before or at the time the vessel leaves the last foreign port before its arrival in Canada if the duration of the voyage from that foreign port to the vessel’s port of arrival is less than 24 hours.

32. The Regulations are amended by adding the following before section 16:

Carrier

33. The Regulations are amended by adding the following after section 17:

Freight Forwarder

17.1 If one or more shipments for which a freight forwarder is responsible will be transported to Canada by aircraft, the freight forwarder is required under subsection 12.1(1) of the Act to give the Agency, for each shipment,

17.2 The freight forwarder shall give the Agency the information no later than four hours before the aircraft is scheduled to arrive at its airport of arrival or, if the duration of the flight to Canada is less than four hours, no later than the aircraft’s time of departure.

34. The Regulations are amended by adding the following before section 18:

Carrier

35. The Regulations are amended by adding the following after section 19:

Freight Forwarder

19.1 If one or more shipments for which a freight forwarder is responsible will be transported to Canada by a highway conveyance, the freight forwarder is required under subsection 12.1(1) of the Act to give the Agency, for each shipment, the information set out in Part 4 of Schedule 2.

19.2 The freight forwarder shall give the Agency the information at least one hour before the highway conveyance arrives in Canada.

36. The Regulations are amended by adding the following before section 20:

Carrier

37. The Regulations are amended by adding the following after section 21:

Freight Forwarder

21.1 If one or more shipments for which a freight forwarder is responsible will be transported to Canada by a rail conveyance, the freight forwarder is required under subsection 12.1(1) of the Act to give the Agency, for each shipment, the information set out in Part 4 of Schedule 2.

21.2. The freight forwarder shall give the Agency the information at least two hours before the rail conveyance arrives in Canada.

38. Section 29 of the Regulations is replaced by the following:

29. A person that is required to give information to the Agency under subsection 12.1(1) of the Act in the circumstances set out in section 13, 15.2, 16, 17.1, 18, 19.1, 20, 21.1, 24 or 25 shall give the Agency the information by electronic means in accordance with the technical requirements, specifications and procedures that are set out in the Electronic Commerce Client Requirements Document.

39. Section 30 of the Regulations is replaced by the following:

30. A person that gives information to the Agency under subsection 12.1(1) of the Act in the circumstances set out in section 13, 15.2, 16, 17.1, 18, 19.1, 20, 21.1, 24 or 25 shall, if they become aware that the information is inaccurate or incomplete, notify the Agency without delay by electronic means of a change to that information.

40. Schedule 2 to the Regulations is amended by replacing the references after the heading “SCHEDULE 2” with the following:

(Paragraph 13(1)(b), subsection 15(1), section 15.2, paragraph 16(1)(b), subsection 16(3), section 17.1, paragraph 18(1)(b), subsection 18(3), section 19.1, paragraph 20(1)(b), subsection 20(3) and section 21.1)

41. The heading of Part 1 of Schedule 2 to the Regulations is replaced by the following:

MARINE MODE — CARRIER

42. Item 3 of Part 1 of Schedule 2 to the Regulations is repealed.

43. Schedule 2 to the Regulations is amended by adding the following after Part 1:

PART 1.1

MARINE MODE — FREIGHT FORWARDER

  1. Code provided by the Agency to identify the movement of the shipment (see reference 14*)
  2. Primary cargo control number — Number assigned by the carrier that operates the vessel, beginning with its carrier code, to the bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of the shipment
  3. Number assigned by the freight forwarder to the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  4. Secondary cargo control number — Number assigned by the freight forwarder, beginning with its carrier code, to identify the shipment
  5. Manifest quantity and qualifier — Number and nature of pieces indicated on the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  6. Code provided by the Agency to identify the mode of conveyance (see reference 15*)
  7. If a cargo container contains all or part of the shipment
    • (a) the number that identifies the cargo container, and
    • (b) the number assigned by the carrier that describes its size and type
  8. Description of the goods in the shipment
  9. The Customs Tariff item number that applies to each good in the shipment
  10. Each UN number listed in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations that applies to a good in the shipment
  11. Volume of the shipment and unit of measurement
  12. Weight of the shipment and unit of measurement
  13. Name and address of the shipper of the shipment
  14. Name and address of the consignee of the shipment, every delivery address and name of every person to be notified, as indicated on the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  15. Description of all markings on the outer packaging of the shipment, if any

44. The heading of Part 2 of Schedule 2 to the Regulations is replaced by the following:

AIR MODE — CARRIER

45. Item 25 of Part 2 of Schedule 2 to the Regulations is repealed.

46. Schedule 2 to the Regulations is amended by adding the following after Part 2:

PART 2.1

AIR MODE — FREIGHT FORWARDER

  1. Code provided by the Agency to identify the movement of the shipment (see reference 16*)
  2. Primary cargo control number — Number assigned by the carrier that operates the aircraft, beginning with its carrier code, to the bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of the shipment
  3. Secondary cargo control number — Number assigned by the freight forwarder, beginning with its carrier code, to identify the shipment
  4. Manifest quantity and qualifier — Number and nature of pieces indicated on the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  5. Code provided by the Agency to identify the mode of conveyance (see reference 17*)
  6. Description of the goods in the shipment
  7. The Customs Tariff item number that applies to each good in the shipment
  8. Each UN number listed in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations that applies to a good in the shipment
  9. Volume of the shipment and unit of measurement
  10. Weight of the shipment and unit of measurement
  11. Name and address of the shipper of the shipment
  12. Name and address of the consignee of the shipment, every delivery address and name of every person to be notified, as indicated on the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  13. Description of all markings on the outer packaging of the shipment, if any

47. The heading of Part 3 of Schedule 2 to the Regulations is replaced by the following:

HIGHWAY AND RAIL MODES — CARRIER

48. Schedule 2 of the Regulations is amended by adding the following after Part 3:

PART 4

ALL MODES — FREIGHT FORWARDER

  1. Code provided by the Agency to identify the movement of the shipment (see reference 18*)
  2. Primary cargo control number — Number assigned by the carrier that operates the conveyance, beginning with its carrier code, to the bill of lading, waybill or similar document that is issued by the carrier and that relates to the carriage of the shipment
  3. Secondary cargo control number — Number assigned by the freight forwarder, beginning with its carrier code, to identify the shipment
  4. List of all secondary cargo control numbers for shipments for which the freight forwarder is responsible that are to be transported to Canada on board the conveyance
  5. Code provided by the Agency to indicate every condition that applies to the carriage of the shipment and that is listed in the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment (see reference 19*)
  6. Manifest quantity and qualifier — Number and nature of pieces indicated on the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  7. Code provided by the Agency to identify the mode of conveyance (see reference 20*)
  8. If a cargo container contains all or part of the shipment
    • (a) the number that identifies the cargo container,
    • (b) the number assigned by the carrier that describes its size and type,
    • (c) the seal numbers for it, if any, and
    • (d) the name and address of the person who placed the shipment in it
  9. Consolidation indicator that indicates whether, under a bill of lading, waybill or similar document that is issued by the carrier, the shipment is consolidated with other shipments for which another freight forwarder is responsible (see reference 21*)
  10. Description of the goods in the shipment
  11. The Customs Tariff item number that applies to each good in the shipment
  12. Each UN number listed in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations that applies to a good in the shipment
  13. Weight of the shipment and unit of measurement
  14. Name and address of the shipper of the shipment
  15. Name and address of the consignee of the shipment, every delivery address and name of every person to be notified, as indicated on the bill of lading, waybill or similar document that is issued by the freight forwarder and that relates to the carriage of the shipment
  16. Code provided by the Agency to identify the location where the shipment will be unloaded from the conveyance in Canada (see reference 22*)
  17. Location where the release of the shipment will be sought
  18. Description of all markings on the outer packaging of the shipment, if any
  19. Carrier code of the carrier

49. The Regulations are amended by adding, after Schedule 2, the Schedule 3 set out in the Schedule to these Regulations.

TRANSPORTATION OF GOODS REGULATIONS

50. Paragraph 7(3)(a) of the Transportation of Goods Regulations (see footnote 7) is replaced by the following:

DESIGNATED PROVISIONS (CUSTOMS) REGULATIONS

51. (1) Part 7.1 of Schedule 1 to the Designated Provisions (Customs) Regulations (see footnote 8) is amended by adding the following after item 2:

Item Column 1

Designated Provision		 Column 2


Short-form Description
2.1 15.1 Failing to give the Agency prescribed information at the prescribed time
2.2 15.3 Failing to give the Agency prescribed information at the prescribed time

(2) Part 7.1 of Schedule 1 to the Regulations is amended by adding the following after item 3:

Item Column 1

Designated Provision		 Column 2


Short-form Description
3.1 17.2 Failing to give the Agency prescribed information at the prescribed time

(3) Part 7.1 of Schedule 1 to the Regulations is amended by adding the following after item 4:

Item Column 1

Designated Provision		 Column 2


Short-form Description
4.1 19.2 Failing to give the Agency prescribed information at the prescribed time

(4) Part 7.1 of Schedule 1 to the Regulations is amended by adding the following after item 5:

Item Column 1

Designated Provision		 Column 2


Short-form Description
5.1 21.2 Failing to give the Agency prescribed information at the prescribed time

PART 3

COMING INTO FORCE

52. (1) These Regulations, other than Part 2, come into force on the day on which section 266 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada, 2012, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

(2) Part 2 comes into force six months after the day on which these Regulations are registered.

SCHEDULE
(Section 49)

SCHEDULE 3
(Paragraph 13(1)(c) and section 15.1)

CARGO AND STOWAGE PLAN — MARINE MODE
  1. Conveyance reference number — Number assigned by the carrier, beginning with its carrier code, to identify the trip to Canada by the vessel
  2. Reference number assigned by the carrier to a voyage, which includes the voyage to Canada
  3. Vessel name and the International Maritime Organization ship identification number of the vessel
  4. Each foreign address where a cargo container or a fully or partially non-containerized shipment for which the carrier is responsible is loaded onto the vessel for transport to Canada
  5. Last foreign port of departure and time of departure
  6. Estimated date and time of arrival of the vessel at the port of arrival in Canada
  7. Port of arrival in Canada and, if different, each location where a cargo container or a fully or partially non-containerized shipment for which the carrier is responsible will be unloaded from the vessel
  8. Code provided by the Agency for each cargo container to indicate whether it is empty or loaded (see reference 23*)
  9. Description of each shipment for which the carrier is responsible
  10. Number that identifies each cargo container
  11. Number assigned by the carrier that describes the size and type of each cargo container
  12. Weight of each cargo container and its contents, if any, and unit of measurement
  13. Dimensions of each non-standard cargo container and unit of measurement
  14. Number that identifies each piece of equipment attached to a cargo container
  15. Code provided by the Agency to identify the size and type of each piece of equipment attached to a cargo container (see reference 24*)
  16. Location on board the vessel of each cargo container (by bay, row and tier)
  17. For each shipment for which the carrier is responsible that is fully non-containerized,
    • (a) its weight and unit of measurement,
    • (b) its dimensions and unit of measurement; and
    • (c) if all or part of the shipment is packaged, the form of packaging and number of packages
  18. Each UN number listed in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations that applies to a specified good
  19. Temperature, other than the ambient temperature, at which a specified good must be kept, if applicable, and unit of measurement

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: It is an ongoing challenge for the Canada Border Services Agency (CBSA) to deliver consistently on both the security and facilitation aspects of its mandate while facing an increase in volume of commercial goods coming into Canada. The CBSA must ensure that costs and delays associated with clearance processes on legitimate shipments are minimized while also identifying and mitigating threats to national health, safety, security and prosperity.

To meet this challenge, the CBSA relies on a risk-based, intelligence-driven approach, concentrating its efforts on commercial goods of high or unknown risk while facilitating the entry into Canada of goods deemed to be low risk. The key to this risk-based approach is information: getting the right information to the right people at the right time ensures that border processing is both efficient and effective.

Receiving electronic information about commercial goods in advance of their arrival in Canada allows the CBSA to assess risks associated with goods and make informed decisions about those goods, thereby increasing predictability for stakeholders and minimizing delays at the border.

Description: eManifest (electronic manifest) is an initiative designed to establish advance electronic information requirements in the highway and rail modes of transportation, and to build upon existing advance commercial information requirements for goods in the marine and air modes. eManifest will ensure a paperless process, which starts before any goods reach the Canadian border, for commercial importations in all modes of transportation.

These regulatory amendments represent the first of two packages of regulatory amendments designed to support the full implementation of eManifest. “Package 1” includes requirements for electronic advance information in the highway and rail modes, enhancements to existing processes in the marine and air modes, and provisions that allows the CBSA to develop administrative monetary penalties (AMPs) for non-compliance with eManifest requirements. The second package is expected to be introduced in 2015–2016 and would mainly include provisions relating to advance information requirements for importers. This package of regulatory amendments introduces changes to five regulations made under the Customs Act:

  • the Reporting of Imported Goods Regulations;
  • the Customs Sufferance Warehouses Regulations;
  • the Designated Provisions (Customs) Regulations;
  • the Transportation of Goods Regulations; and
  • the Presentation of Persons (2003) Regulations (consequential amendments).

Cost-benefit statement: It is estimated that the implementation of Package 1 will result in a net benefit for businesses of $389 million over an 11-year period from reduced delays at the border and from efficiencies achieved by replacing paper processes with electronic ones. In addition to the anticipated cost savings, the regulatory amendments are expected to enhance and improve border security, which will assist the Government of Canada in ensuring the continued health, safety, security and prosperity of Canada and Canadians. It is therefore expected that these regulatory amendments represent an overall net benefit to businesses, the Government of Canada and Canadians.

“One-for-One” Rule and small business lens: The “One-for-One” Rule will apply to these amendments. The regulatory amendments in Package 1 will, over time, decrease the administrative burden on stakeholders by $8 million annualized and, therefore, constitute an “OUT” under the Rule. With an increase of administrative burden by $1.6 million annualized expected for Package 2, the overall reduction in administrative burden for Packages 1 and 2 will be $6.4 million annualized. The amendments are expected to lead to a total annualized decrease in administrative costs as paper processes would be replaced by more efficient electronic processes.

Many small businesses will experience compliance costs in transitioning to electronic processes and will therefore be impacted by these regulatory amendments. To assist small businesses with upfront capital costs for information technologies (IT) and ongoing maintenance costs, a flexible option has been developed by the CBSA. Businesses have the option of using the eManifest Internet portal to transmit required information to the CBSA. It is estimated that the administrative and compliance costs to small businesses of the regulatory requirements in support of eManifest will amount to $61 million over an 11-year period, or an average of $380 per small business ($50 annualized). Therefore, the impacts of these regulatory amendments on small businesses are expected to be minimal in comparison to the overall benefits of eManifest.

Background

Imports are essential to Canada’s economic prosperity. According to the World Bank, the total value of Canadian imports increased from 34% to 45% of Canada’s gross domestic product between 2008 and 2011.

Given the importance of imports to the Canadian economy, it is essential for the CBSA to have the appropriate tools to allow the Agency to deliver border services in an open and transparent manner, providing increased predictability and consistency to the commercial import process and the transborder trade environment.

Trade chain partners

The following trade chain partners involved in the importation of commercial goods into Canada will be affected by the Regulations: carriers, freight forwarders and customs sufferance warehouse operators.

A carrier is the person or company that transports commercial goods into Canada. The carrier is responsible for providing goods (cargo) and conveyance information to the CBSA.

A freight forwarder arranges for the transportation of commercial goods to Canada with a carrier and may separate a shipment of goods at a customs sufferance warehouse in Canada on behalf of an importer or the person receiving the goods. The freight forwarder is considered a secondary party in the international transportation chain. The freight forwarder is responsible for providing secondary information to the CBSA, which builds upon the information supplied by the carrier, such as the name of the person receiving the goods and the delivery address.

A customs sufferance warehouse is a privately owned and operated facility licensed by the CBSA for the control, short-term storage and examination of imported goods until they are released by the CBSA or exported from Canada.

Advance Commercial Information (ACI)

The ACI program is about providing CBSA officers with electronic pre-arrival information so that they are equipped with the right information from the right party, at the right time to identify health, safety and security threats related to commercial goods before the goods arrive in Canada. The ACI program supports three of the CBSA’s strategic priorities: targeting high risks as early as possible in the supply chain continuum, offering expedited border processing for commercial goods determined to be low risk, and improving the consistency and predictability of service delivery to stakeholders.

The first phase of ACI was implemented in 2004 and established advance electronic information requirements for commercial goods in the marine mode by requiring marine carriers to transmit prescribed information electronically to the CBSA 24 hours before the goods are loaded onto the vessel at the foreign port or 24 hours prior to the vessel’s arrival at a port in Canada, depending on the type and origin of the goods.

The second phase of ACI was implemented in the air mode in 2006 and required commercial air carriers, where applicable, to transmit prescribed information to the CBSA electronically four hours prior to arrival in Canada. This phase also expanded information requirements in the marine mode for goods loaded in the United States.

Although advance electronic reporting requirements were implemented in the marine and air modes of transportation in Phases I and II of ACI, they did not extend to the highway and rail modes of transportation.

The third phase of ACI, called eManifest, (see footnote 9) introduces amendments that

The eManifest initiative represents a move towards a comprehensive electronic commercial reporting environment. It will ensure that all goods coming into Canada are assessed for risk consistently, electronically, and in advance of arrival.

Identification of security risks and gaps

Since its creation in 2003, the CBSA has initiated various reviews of its commercial programs and policies with a view to developing stronger tools and processes to streamline the movement of low-risk goods and focus efforts on commercial goods of high or unknown risk. One such initiative was the Commercial Direction Initiative (CDI), which was an internal review undertaken by the CBSA in 2005–2006.

The CDI Report identified the CBSA’s continued reliance on paper-based reporting as one of the main barriers to streamlining the commercial importation process. Industry feedback from consultations completed for the CDI supported the implementation of ACI in the highway mode as soon as possible.

In addition to the CDI Report, reviews undertaken by the Auditor General of Canada (AGC) in 2007 and 2010 identified numerous gaps and inefficiencies with the CBSA’s collection and risk assessment of commercial information.

According to the 2007 Report of the Auditor General, (see footnote 10) the most significant threats facing border security today are:

Chapter 8 of the Auditor General’s 2010 (see footnote 11) report recommended that

The CBSA agreed that improvements were required to address the shortcomings found in the Auditor General Report and decided that systems need to be in place to ensure that commercial information provided by all trade chain partners would be reviewed and evaluated consistently and effectively through every stage of the import process, from pre-arrival through to release.

The CBSA examined the international commercial environment to ensure that any new processes developed would be consistent with Canada’s major trading partners, particularly with those of its main trading partner, the United States.

Issues

The CBSA is responsible for providing integrated border services that support national security and public safety priorities and that facilitate the free flow of persons and goods that meet all program requirements. It is challenging to deliver consistently on both the security and facilitation aspects of this mandate when faced with an ever-increasing volume of travellers and commercial goods coming into Canada. The CBSA must ensure that costs and delays associated with clearance processes on legitimate people and goods are minimized while at the same time identifying and mitigating diverse and constantly evolving threats to national health, safety, security and prosperity.

To meet these challenges, the CBSA relies on a risk-based, intelligence-driven approach, concentrating its efforts on people and goods of high or unknown risk while facilitating the entry into Canada of people and goods deemed low risk. The key to this risk-based approach is information: getting the right information to the right people at the right time ensures that border processing is both efficient and effective. Receiving electronic information about commercial goods in advance of their arrival in Canada allows the CBSA to assess any risks associated with goods and make informed decisions about those goods, thereby increasing predictability for stakeholders and minimizing delays at the border.

The need to amend the existing regulations stems from a variety of factors:

Pre-arrival information is not systematically collected and screened consistently in all modes of transportation

Internal program reviews undertaken by the CBSA and reports of the Auditor General of Canada have identified issues with the CBSA’s ability to detect and address risks associated with commercial goods consistently and effectively. In addition, questions have been raised about the accuracy and reliability of the information provided to the CBSA about commercial goods.

The establishment of ACI requirements has enabled the CBSA to conduct automated pre-arrival risk assessments for commercial goods imported to Canada by the air and marine modes. Therefore, all goods that come to Canada by sea or by air are subjected to a consistent level of security screening. Conversely, goods that come to Canada overland (i.e. via the highway and rail modes) are not necessarily subject to the same level of security screening, as they are not subject to formal advance electronic requirements. This is significant as about 64% of goods that enter Canada are imported overland.

Specific roles, responsibilities and accountabilities for each stakeholder in the trade chain continuum are not clearly defined

Currently, the CBSA does not have reasonable assurance that the commercial information provided by stakeholders at various stages of the import process is accurate, complete and timely. For example, freight forwarders are not held accountable for transmitting specific advance commercial information on goods destined for Canada. Likewise, customs sufferance warehouse operators/licensees are not required to acknowledge the arrival of commercial goods at their warehouses with an electronic message.

To ensure that advance commercial information is reliable, accurate and complete, it is essential that all stakeholders involved in the transportation of goods to Canada provide and be accountable for specific information relating to the movement of goods. The CBSA seeks to improve the quality of commercial information provided to it by prescribing roles, responsibilities and accountabilities for each stakeholder in the supply chain continuum. Each stakeholder will be responsible for providing specific information, which will be compared to information provided by other trade chain partners to ensure the integrity, accuracy and completeness of the information the CBSA receives. For example, eManifest will require electronic information from freight forwarders. This information will then be compared to information received from carriers to identify any anomalies or inconsistencies.

CBSA commercial processes are not aligned with international standards

The United States already requires the electronic submission of advance cargo and conveyance data by carriers. The Advance Electronic Information Regulations, (see footnote 12) introduced in 2003, require the advance transmission of electronic cargo information and other specific data requirements from carriers for import shipments in all modes of transportation. The Automated Commercial Environment (ACE) is the United States Customs and Border Protection’s (USCBP) commercial trade processing system for transmitting required advance highway, rail and marine cargo information.

In designing eManifest, the need to align with U.S. processes for the sake of a common client (i.e. highway carriers that transport goods across our shared border), was an early priority. Ensuring commonalities between eManifest and ACE allows highway carriers that have already implemented systems for ACE participation to simply modify those systems for eManifest purposes. The carriers thereby avoid the cost of implementing an entirely new system. Feedback from stakeholders confirms that the implementation costs for eManifest will be lower for those already using ACE. eManifest closely aligns information requirements between the two countries, which allows stakeholders to develop common reporting processes and, thereby, reduce complexity and duplication of effort.

In addition, the Beyond the Border Action Plan, (see footnote 13) announced by Prime Minister Stephen Harper and U.S. President Barack Obama on December 7, 2011, committed both nations to the pursuit of a shared approach to strengthening perimeter security and accelerating the legitimate flow of people, goods and services between the two countries. The implementation of eManifest supports these objectives by aligning commercial import processes in the two countries.

Finally, the implementation of eManifest ensures that commercial reporting requirements in Canada remain consistent with international standards. Since September 11, 2001, international customs administrations, organizations, conventions, and agreements have focused on ensuring better trade security and facilitation. Some of the modern principles of trade security and facilitation include

Notably, these are all standards promoted by the World Customs Organization (WCO). The WCO is an intergovernmental organization that focuses extensively on customs issues with the goal of enhancing the effectiveness and efficiency of international customs processes. The WCO is recognized for its work to facilitate and secure international trade. For example, the WCO’s SAFE Framework of Standards to Secure and Facilitate Global Trade, published in 2005, sets out a range of standards to guide customs administrations in providing predictable and consistent supply chain security. Canada has been a member of the WCO since 1971.

Given these issues, the CBSA recognized the need to enhance how it screened and processed commercial goods coming into Canada. Without these regulatory amendments, the CBSA would be unable to identify potential risks associated with the import of goods in the highway and rail modes. Without pre-arrival information, the CBSA would be limited in its ability to streamline import processes. In addition, Canada’s commercial processes would not be in line with those of its biggest trading partner, the United States, and would not meet the standards set out by the WCO, which could result in a loss of economic prosperity.

Objectives

The eManifest initiative introduces amendments that will expand pre-arrival information requirements to include carriers in the highway and rail modes of transportation. In addition to the required data, advance information will be required from other trade chain partners involved in the importation of goods into Canada in all modes of transportation. Each member of the trade chain will have a separate obligation for various pieces of information relating to commercial goods before they are loaded onto the vessel (in marine mode only) and in advance of the estimated arrival of goods at a port of arrival in Canada (other modes). In addition, customs sufferance warehouse operators will be required to acknowledge receipt of goods through an electronic arrival message transmitted to the CBSA once the goods have arrived at their warehouse.

By mandating that all trade chain partners provide advance commercial information to the CBSA, the CBSA can risk assess all the relevant information relating to goods in advance of their arrival in Canada, thereby enhancing security. At the same time, trade facilitation will be improved, as those commercial goods deemed low risk would benefit from a more efficient border clearance process.

The improved risk assessment process made possible by the pre-arrival electronic transmission of commercial information under the eManifest initiative will lead to shorter and more predictable clearance times for low-risk commercial goods. Also, the automation of customs processes will improve the CBSA’s ability to monitor data quality and integrity, to monitor and enforce compliance, and to establish service standards for many of its key services to trade chain partners, such as those relating to processing times and wait times at land border crossings.

Description

The regulatory amendments herein are being made pursuant to subsection 8.1(8), sections 12 and 12.1, subsection 14(2), sections 22, 30 and 109.1 and subsection 164(1) of the Customs Act. These amendments will enact the changes required to implement eManifest and enhance ACI.

Package 1 includes amendments to the following regulations:

  1. Reporting of Imported Goods Regulations; (see footnote 14)
  2. Customs Sufferance Warehouses Regulations; (see footnote 15)
  3. Transportation of Goods Regulations; (see footnote 16)
  4. Designated Provisions (Customs) Regulations; (see footnote 17) and
  5. Presentation of Persons (2003) Regulations (see footnote 18) (consequential amendments).
1. Reporting of Imported Goods Regulations
Interpretation

The terms “airport of arrival,” “commercial driver,” “courier,” “emergency conveyance,” “fishing vessel,” “freight forwarder,” “NAV CANADA,” and “port of arrival” will be added to the Regulations. The definitions of the terms “commercial goods” and “specified goods” will be amended to detail the goods included in new sections of the Regulations as well as the goods that will not be covered by the new sections of the Regulations.

Highway cargo and conveyance information

Baseline scenario: Currently, commercial highway carriers may provide paper documentation to the CBSA regarding imported goods upon arrival at the border. Since November 2010, highway carriers have had the option to provide this information to the CBSA electronically.

Regulated scenario: The amendments will require highway carriers to provide cargo and conveyance information (e.g. cargo description, licence plate information) electronically to the CBSA at least one hour before the conveyance arrives at the border. This requirement will give the CBSA time to assess risks and make informed determinations without creating significant delays to the travel time of the carrier.

The required information will be provided to the CBSA by either the carrier or on its behalf by a third-party service provider using either a direct connection or the CBSA’s free Internet portal. Both the direct connection and the Internet portal are considered acceptable means of transmission to meet the information requirements.

Virtually all commercial carriers transporting commercial goods to Canada also transport goods to the United States, where they are currently required to transmit information electronically to the USCBP in advance of arrival at the U.S. border. Since it is more economically feasible to transport goods both coming into and leaving Canada (rather than making one leg of the journey empty and therefore without revenue), it is assumed that the majority of carriers entering or returning to Canada are already electronically capable of complying with U.S. requirements.

Rail cargo, conveyance and arrival message information

Baseline scenario: Currently, all rail carriers transporting commercial goods to Canada provide cargo and conveyance information to the CBSA either electronically or in paper form. Although the majority of rail carriers provide this information electronically, they are not currently required to notify the CBSA when the train physically crosses the border into Canada.

Regulated scenario: The amendments will require rail carriers to provide cargo and conveyance information electronically to the CBSA at least two hours before the train is expected to cross the border into Canada. In addition, rail carriers will be required to provide an electronic arrival message to the CBSA without delay after the train crosses the border into Canada. This requirement will give the CBSA time to assess risks and make informed determinations without creating significant delays to the travel time of the rail carriers. The electronic arrival message will identify the date, time and the CBSA office of arrival.

Between 2007 and 2012, 99.6% of cargo and conveyance information provided by rail carriers was submitted electronically. Therefore, this change is expected to have a minimal impact on rail carriers.

Electronic arrival messages in the air and marine modes

Baseline scenario: Currently, carriers in the air and marine modes are not required to notify the CBSA when the conveyance arrives in Canada. Instead, the CBSA automatically generates an arrival time based on the estimated time of arrival provided by the carrier.

Regulated scenario: The amendments will require air and marine carriers to provide an electronic arrival message to the CBSA without delay upon arrival in Canada. Specifically, air carriers will be required to provide this message without delay after the aircraft is cleared by NAV CANADA to land at an airport following arrival in Canada. Marine carriers will be required to provide this message without delay after the vessel docks at a marine port of entry.

Removal of break-bulk exemption

“Break-bulk goods” are commercial goods that are neither transported within a cargo container nor in bulk (e.g. grain stowed loosely in the vessel’s hold) and include goods such as oil and gas equipment, construction equipment, and automobiles.

Baseline scenario: Currently, marine carriers that transport break-bulk goods to Canada are required to provide cargo and conveyance information to the CBSA at least 24 hours before the goods are loaded onto the vessel at the foreign port. However, carriers may request an exemption from this requirement and permission to provide this information to the CBSA 24 hours before a vessel’s arrival at a port in Canada.

Regulated scenario: The amendments will extend the beneficial time frame (24 hours before the estimated arrival at a port of arrival in Canada versus 24 hours before the goods are loaded onto the vessel at the foreign port) for approved marine break-bulk carriers to all marine carriers transporting break-bulk goods, eliminating the need for carriers to complete an application and maintain an authorization with the CBSA. As a result of the elimination of the need to apply for and maintain exemption status, marine carriers with break-bulk goods that have difficulty meeting the pre-load time frame requirement will no longer incur costs related to the application and maintenance of the exemption status in order to gain flexibility in transmitting cargo and conveyance data.

In addition to section 13.8, other sections that relate to the exemption (sections 13.81, 13.82, 13.83, 13.84, 13.85 and 13.86) are being repealed as consequential amendments to the removal of the exemption.

Carrier code requirements

A carrier code is a four-digit unique identifier that is assigned by the CBSA to a commercial carrier or a freight forwarder free of charge. The carrier code lets the CBSA know with whom it is doing business, and serves a similar function as a passport for a traveller entering Canada.

Baseline scenario: Currently, all commercial carriers transporting commercial goods to Canada require a carrier code. However, this is an administrative and not a legal requirement (i.e. without a carrier code, a carrier would be unable to provide information). As there are no formal terms and conditions that apply to the issuance and use of carrier codes, the CBSA has no legal recourse for addressing carrier code problems and abuses.

The Jobs and Growth Act, 2012, which was passed on December 14, 2012, provides for amendments to section 12.1 of the Customs Act. When the section 12.1 comes into force, it will codify the requirements for obtaining a valid carrier code.

Regulated scenario: According to section 12.1 of the Customs Act, commercial carriers and freight forwarders are required to hold a valid carrier code. A carrier may hold one carrier code for each mode of transportation in which it is engaged; a freight forwarder may only hold one carrier code. The regulatory amendments will specify the terms and conditions for obtaining a carrier code and the grounds for suspending or cancelling a carrier code. As well, carriers and freight forwarders will be required to keep the information regarding their carrier codes up to date and to inform the CBSA of certain changes.

The carrier code requirements will ensure that carriers and freight forwarders are accountable for the advance commercial information they provide to the CBSA. In addition, the regulations will allow the CBSA to suspend or cancel a carrier code if a person contravenes a provision of a federal act or regulation (e.g. smuggling), if a person fails to pay an amount under the Act (e.g. failing to pay duties and taxes), or if a person provides false or misleading information in the application for a carrier code.

Freight forwarder cargo information

Baseline scenario: Currently, freight forwarders in the air and marine modes provide secondary information on commercial goods to the CBSA in paper form, and only after the goods have arrived in Canada. Secondary information consists of additional details about the goods, such as the name of the person receiving the goods and the delivery address. Although freight forwarders provide this information in practice, they are not required to do so under the Regulations.

Regulated scenario: The amendments will require freight forwarders in all modes of transportation to provide the secondary or supplementary information to the CBSA electronically and within prescribed time frames, prior to the goods arriving in Canada, as follows:

Marine Air Rail Highway
At least 24 hours before loading the goods or at least 24 hours before the estimated time of arrival at a port of arrival in Canada, depending on type and origin of goods. At least 4 hours before the estimated time of arrival or at the time of departure, depending on the duration of the flight. 2 hours before the conveyance arrives in Canada. 1 hour before the conveyance arrives in Canada.
Marine bay plan (vessel stow plan)

The marine bay plan is a standard marine transportation document that assigns a numbered position to all cargo bays on the vessel and details the exact location of each container being transported on board the vessel. It is used by persons in the marine transportation industry to identify all the containers and their location on a vessel. Information about each container and its specific location is electronically logged as the vessel is loaded and unloaded at a port, serving as a “blueprint” of the cargo and other stowage locations. This data can be represented visually as a virtual x-ray revealing the location of each container.

Baseline scenario: Currently, marine carriers are not required to provide the CBSA with the vessel bay or stow plan. However, most marine carriers provide it to other carriers and marine terminal operators as part of their business operations. Also, since 2009, U.S.-bound marine carriers have been required to provide vessel stow plans to the USCBP.

Regulated scenario: Pursuant to these amendments, marine carriers will be required to provide the vessel bay or stow plan to the CBSA electronically within 48 hours after the vessel leaves the last foreign port before its estimated arrival at a port of arrival in Canada. This information will enable the CBSA to identify unreported containers and pinpoint containers which may pose risk. Cargo information provided by the carrier for goods expected to be transported to Canada before the goods are loaded onto the vessel will be compared to bay plan data provided after the containers are loaded aboard the vessel.

2. Customs Sufferance Warehouses Regulations
Electronic arrival messages for in-land customs sufferance warehouses

Baseline scenario: Currently, sufferance warehouse operators are not required to electronically notify the CBSA of the arrival of goods at their warehouses. However, sufferance warehouse operators acknowledge the receipt of goods in a warehouse either by endorsing a customs document or transportation document presented by the carrier, or by issuing a transfer document to the carrier. This proof of receipt shows that goods have been physically transferred from the carrier to the warehouse operator.

Regulated scenario: Pursuant to these amendments, sufferance warehouse operators will be required to acknowledge the receipt of goods in their warehouse through an electronic arrival message. As most warehouse operators (634 of 1 017) already receive electronic messages from the CBSA, they would be able to transmit an electronic arrival message to the CBSA through their existing systems at a negligible cost.

Note: The electronic arrival message does not apply to goods imported under the courier Low Value Shipment (LVS) Program (e.g. casual goods or goods that have an estimated value of less than $2,500) that are transported by or on behalf of a courier that has been authorized to account for those goods in accordance with subsection 32(4) of the Customs Act.

3. Transportation of Goods Regulations
Amendments to the record requirements

Baseline scenario: Currently, commercial carriers are required to keep records relating to all commercial goods transported by them to Canada for three years plus the current year. Carriers are required to keep paper records about cargo that has been imported into Canada on previous trips (e.g. who shipped the goods and where the goods were delivered).

Regulated scenario: Pursuant to these amendments, record-keeping requirements will be extended to freight forwarders and will include all information provided to and received from the CBSA electronically for three years plus the current year.

4. Designated Provisions (Customs) Regulations

The Administrative Monetary Penalty System (AMPS) program is a civil penalty regime that ensures compliance with legislation through the application of monetary penalties. Section 109.1 of the Customs Act authorizes the CBSA to issue penalties for noncompliance with requirements that have been designated in the Designated Provisions (Customs) Regulations.

In the commercial stream, AMPS penalties have been issued by the CBSA since October 7, 2002, for non-compliance with program requirements found either at the border or through post-release verification of company records.

Baseline scenario: Currently, monetary penalties are not assessed by the CBSA against air and marine carriers regarding existing advance commercial information requirements.

Regulated scenario: The Designated Provisions (Customs) Regulations will be amended to designate new subsections 12.1(2) and (7) of the Customs Act and new sections of the Reporting of Imported Goods Regulations. Together with existing designated provisions, this will allow the CBSA to assess administrative monetary penalties for non-compliance in the following situations:

The new administrative monetary penalties conform to the existing standards of the CBSA’s AMPS program, which is based on uniform systematic criteria reflecting the risk and impact of each contravention.

5. Presentation of Persons (2003) Regulations

Consequential amendments to the Presentation of Persons (2003) Regulations will standardize certain provisions with the new section 12.1 of the Customs Act, as well as the new provisions of the Reporting of Imported Goods Regulations.

Consequential amendments

The order and numbering of most of the existing sections of the Reporting of Imported Goods Regulations are being amended, and other minimal wording changes in some of the existing sections of these Regulations are being made to ensure that requirements are laid out as clearly and logically as possible. Schedules to the Regulations will be added or amended to detail the advance commercial information required to be provided by carriers and freight forwarders.

Regulatory and non-regulatory options considered

Section 12.1 of the Customs Act provides the Governor in Council with the authority to make regulations regarding advance commercial information in all modes of transportation. The present amendments are necessary to complete the implementation of the ACI program and to ensure that the deficiencies identified by the CDI and AGC reports are addressed. In addition, these amendments will ensure that the CBSA has the proper tools to effectively screen and process all commercial goods coming into Canada.

Implementing eManifest as an administrative policy, as opposed to codifying it in regulation, would mean keeping both a paper-based process and an electronic-based process since both would be legally permissible. This redundancy would limit the benefits which will be realized by the current plan to mandate exclusively electronic processes due to the challenges associated with data management and the costs of maintaining parallel systems.

Benefits and costs

A cost-benefit analysis (CBA) for the full implementation of the eManifest initiative (Packages 1 and 2) was completed, covering an 11-year period from 2015 (the year the regulations in Package 1 are planned to come into force) to 2025 (the tenth year of the full implementation).

Based on a preliminary analysis, the eManifest initiative was assessed to have a medium level of cost impact (between $10 and $100 million in present value). As a result, the CBA followed Treasury Board of Canada Secretariat (TBS) guidelines for medium-impact initiatives, which require that

Identification and description of costs and benefits for businesses

The eManifest requirements for electronic transmission of data pre-arrival involves an evolution from paper documents to electronic data. The incremental costs associated with these requirements include:

All the above costs are monetized (i.e. estimated in terms of dollar value) in the cost-benefit analysis.

The implementation of the eManifest initiative is expected to have the following incremental benefits:

Benefits 1, 2 and part of 3 (related to cargo and conveyance requirements in the highway mode only) are monetized in the CBA. All other benefits are presented qualitatively due to the lack of reliable data for quantification and monetization of the impacts.

Identification and description of costs and benefits for the CBSA and the Government of Canada

The eManifest initiative requires the CBSA to switch from a paper-based system to an electronic system with the extensive use of information technology. As a result, the CBSA is expected to incur the following incremental costs:

The implementation of eManifest is expected to increase the CBSA’s ability to identify high-risk and unknown-risk shipments and to facilitate the movement of low-risk shipments across all modes of transportation by bringing the following benefits to the operations of the CBSA:

A successful risk assessment program will allow the CBSA to better utilize its resources and result in more efficient border management. It is therefore expected that the cost incurred by the regulatory amendments will be offset by the reduction of staff and resources for operating and maintaining the previous paper-based system and by the savings from shorter processing time at the border.

The overall net benefit to the CBSA, relating to the allocation and utilization of resources, is monetized in the CBA.

Identification and description of costs and benefits for the Canadian public

The implementation of the eManifest initiative is expected to bring the following incremental benefits to the Canadian public:

These benefits are presented qualitatively in the cost-benefit analysis, as there is no reliable data available to quantify the change in risks and prices due to the new regulations.

General approach to calculation of monetized costs and benefits
Cost and benefit categories

In this analysis, costs of the regulations for businesses are monetized. To estimate the monetized costs, the standard cost model recommended by the Treasury Board of Canada Secretariat is applied. The standard cost model classifies costs into compliance costs and administrative costs. Compliance costs are upfront and ongoing costs that businesses face when complying with a regulation. Administrative costs are time and resources spent by businesses to demonstrate compliance with government regulatory requirements in terms of planning, collecting, processing and reporting of information, and completing forms and retaining data requirement by governments.

The types of costs considered in this analysis include

Cost category Compliance/administrative Upfront/ongoing Comment
System upgrades/changes Compliance Upfront/ongoing
  • Trade chain partners can choose to transmit data via internal direct connection EDI system or third-party connectivity service. Carriers in the highway mode, freight forwarders, customs brokers and importers can use the free eManifest portal. Use of the eManifest portal is limited to 200 transmissions of data per hour. It is assumed that larger companies (sending more than 200 transmissions in one hour) will choose to send their data via the EDI system or through a third-party connectivity service.
  • Costs are per business (per year, if ongoing).
System upgrades/ changes (maintenance) Compliance Ongoing
  • Costs are per business per year.
Waiting time to satisfy pre-notification requirement Compliance Ongoing
  • For highway cargo and conveyance data only. Carriers are able to submit their data up to 30 days in advance. Truck trips that are less than a one-hour drive from the border might be affected by the one hour pre-notification requirement. Only applicable to those carriers with difficulties submitting the required information one hour before arriving at the border.
  • Costs are per truck trip.
Cost of electronic data transmission Compliance Ongoing
  • This refers to the per transaction fee charged by third-party connectivity service.
Application Administrative Upfront
  • For carrier code requirements only.
  • Costs are per business.
Cost of electronic data preparation Administrative Ongoing
  • Costs are per transaction.
Learning/training Administrative Upfront
  • This includes learning the regulatory procedures and the software.
  • Costs are per business.

As mentioned, not all benefits are monetized in this analysis due to a lack of reliable data for quantification. The types of monetized benefits considered in this analysis include the following:

Benefit category Compliance/administrative Upfront/ ongoing Comment
Reduction in the use of paper and ink Compliance Ongoing
  • This is a cost saving offsetting the cost of electronic data transmission.
  • Cost savings are per transaction.
Elimination of paper preparation Administrative Ongoing
  • This is a cost saving offsetting the cost of electronic data preparation.
  • Cost savings are per transaction.
Elimination of application and maintenance of break-bulk exemption status Administrative Ongoing
  • Applicable to a small portion of marine carriers with break-bulk shipments only.
  • Cost savings are per firm per year.
Waiting time saved at the land border due to shorter processing time   Ongoing
  • Related to cargo and conveyance requirements in the highway mode in Package 1 and in-transit requirements in the rail and highway modes in Package 2.
  • Cost savings are per truck trip.
General formulas

The total cost for each stakeholder type as presented in the cost-benefit statement in this document is the sum of applicable costs (both compliance and administrative) for the stakeholder type over all applicable regulatory requirements.

Similarly, the total benefit for each applicable stakeholder type as presented in the cost-benefit statement in this document is the sum of applicable benefits (both compliance and administrative savings, as well as indirect savings from shorter waiting time if applicable) for the stakeholder type over all applicable regulatory requirements.

Regarding the costs and benefits to the CBSA, the estimates of benefits are taken from various CBSA internal exercises that have projected net savings in staffing, operations and maintenance in the coming years due to different ongoing CBSA initiatives.

For a detailed description of the formulas used in this analysis, please see Annex 1.

Estimating numbers of affected stakeholders and transactions

As per the Treasury Board requirements, the scope of this analysis limits the affected businesses to those who operate and pay corporate taxes in Canada; the numbers of such businesses are estimated as follows:

Stakeholder type Estimated no. Source
Carriers 16 658 CBSA administrative records — The number of active carrier codes with a Canadian mailing address or a business number (issued by the Canada Revenue Agency) on file as of July 26, 2012.
Freight forwarders 450 CBSA administrative records — The number of active carrier codes with a Canadian mailing address or a business number (issued by the Canada Revenue Agency) on file as of July 26, 2012.
Sufferance warehouses 1 017 CBSA administrative records (as of June 21, 2012).
Licensed customs brokers 255 CBSA Web site (as of July 29, 2012).
Carrier code applicants (from 2013–2014) 4 800 CBSA administrative records — Extrapolated from the 166 new carrier code applications received between January 1 and June 4, 2012.
Importers 150 890 Statistics Canada (2011) A Profile of Canadian Importers, 2002 to 2009 — The number of importing establishments in 2009.

The number of affected stakeholders is assumed to be constant over the years, whereas the number of affected transactions is assumed to grow at an annual rate equal to the average annual growth rate between 2007 and 2011.

For costs and benefits that are per transaction, the volumes of transactions during the study period are based on the volumes in 2011. Volume data by carrier code for the year 2011 are retrieved from the CBSA databases.

Estimating unit costs and savings for cost/benefit categories

It is assumed that unit costs and savings for system upgrades, changes, maintenance, data transmission and data preparation depend on the volume of transactions of a business. A business with a high volume of transactions is assumed to process data using a computer system directly connected to the CBSA. A business with a low or medium volume of transactions is assumed to process and transmit data via the free eManifest portal. Estimates for different levels of transaction volumes are obtained either from industry experts or from existing studies on similar regulations, either in Canada or abroad.

A detailed explanation of how each cost or benefit category is monetized and the assumptions related to all calculations can be found in Annex 1 to this document.

Overall costs and benefits

Based on the costs and benefits that are monetizable, it was estimated that the implementation of the regulatory proposal (Package 1) would result in a net benefit for businesses of $389 million, over an 11-year period from 2015 to 2025, mainly due to savings from reduced delays at the border and efficiency gained from replacing paper with electronic information. The breakdown of costs and benefits from the introduction of Package 1 for each stakeholder is presented in the following table:

Package 1, monetized costs and benefits

Package 1 2015 2016 2017 2025 Present Value (2015) Annualized Average
Benefits Marine carriers 649 708 708 708 5,257 701
Air carriers 0 0 0 0 0 0
Rail carriers 0 0 0 0 0 0
Highway carriers 49,164,849 54,975,793 56,350,753 68,663,435 444,747,845 59,310,196
Freight forwarders 0 0 0 0 0 0
Sufferance warehouses 0 0 0 0 0 0
Importers 0 0 0 0 0 0
Subtotal business benefits 49,165,498 54,976,501 56,351,461 68,664,143 444,753,102 59,310,897
Federal government (CBSA) 0 0 11,900,000 11,900,000 78,112,729 10,416,872
Total benefits 49,165,498 54,976,501 68,251,461 80,564,143 522,865,831 69,727,769
Costs Marine carriers 366,149 250,571 250,005 245,590 1,988,750 265,214
Air carriers 342,894 85,167 83,037 68,259 845,673 112,776
Rail carriers 236,387 24,707 24,009 19,178 380,344 50,722
Highway carriers 11,038,786 6,238,564 6,404,873 7,957,114 56,321,833 7,510,905
Freight forwarders 447,774 –944,927 –960,256 –1,090,198 –6,139,544 –818,751
Sufferance warehouses 359,365 288,286 288,321 288,649 2,235,409 298,107
Importers 0 0 0 0 0 0
Subtotal business costs 12,791,355 5,942,368 6,089,989 7,488,592 55,632,465 7,418,973
Federal government (CBSA) 0 0 0 0 0 0
Total costs 12,791,355 5,942,368 6,089,989 7,488,592 55,632,465 7,418,973
Net benefits (Business) $389,120,637 $51,891,924
(All) $467,233,366 $62,308,796
  • (1) For the CBA calculations, it is assumed that Package 1 will be implemented in two phases, with the first phase planned to come into force in Q1 2015 and the second phase 6 months after. Package 2 is planned to come into force in 2016.
  • (2) Present values and annualized values are calculated based on a discount rate of 7% over an 11-year period from 2015 (the year phase 1 of Package 1 would come into force) to 2025 (10 years after Package 2 would come into force) with year 2015 serving as the present value base year. Prices are in 2012 constant dollars.
  • (3) Negative costs are due to total savings from the elimination of paper document preparation exceeding total costs of electronic information preparation.
  • (4) The benefits to the CBSA and the Government of Canada represent net cost savings due to the reallocation and better utilization of resources. The net costs/benefits for the interim year (2015) before full implementation are estimated to be $0 as the status quo would be maintained and therefore there would be no change in the workload of current employees and no new hires.

The full implementation of the proposed eManifest initiative (i.e. both Packages 1 and 2) would result in a net benefit of $482 million ($376 million to the businesses and $106 million to the federal government), along with non-monetized benefits such as increased business efficiency and reduced security, health and safety risks to the Canadian public, over the 11-year period. The breakdown of costs and benefits from the introduction of both Packages 1 and 2, for each stakeholder, is presented in the following cost-benefit statement:

Cost-benefit statement

Packages 1 and 2 (All) 2015 2016 2017 2025 Present Value (2015) Annualized Average
Benefits Marine carriers 649 708 708 708 5,257 701
Air carriers 0 0 0 0 0 0
Rail carriers 0 164,763 174,321 273,700 1,368,676 182,522
Highway carriers 49,164,849 55,577,001 56,986,838 69,662,145 449,742,034 59,976,206
Freight forwarders 0 0 0 0 0 0
Sufferance warehouses 0 0 0 0 0 0
Importers 0 0 0 0 0 0
Subtotal business benefits 49,165,498 55,742,472 57,161,867 69,936,553 451,115,967 60,159,429
Federal government (CBSA) 0 0 16,215,000 16,215,000 106,436,799 14,194,082
Total benefits 49,165,498 55,742,472 73,376,867 86,151,553 557,552,766 74,353,511
Costs Marine carriers 366,149 1,584,513 247,827 243,887 3,224,417 429,998
Air carriers 342,894 2,137,572 81,096 66,742 2,753,999 367,265
Rail carriers 236,387 –10,874 –233,691 –376,149 –1,426,047 –190,173
Highway carriers 11,038,786 9,237,341 6,372,636 7,911,876 58,917,301 7,857,029
Freight forwarders 447,774 –887,279 –1,248,431 –1,315,378 –7,541,845 –1,005,757
Sufferance warehouses 359,365 288,286 288,321 288,649 2,235,409 298,107
Importers 0 3,259,001 3,008,157 1,836,849 16,771,530 2,236,599
Subtotal business costs 12,791,355 15,608,560 8,515,915 8,656,476 74,934,764 9,993,068
Federal government (CBSA) 0 0 0 0 0 0
Total costs 12,791,355 15,608,560 8,515,915 8,656,476 74,934,764 9,993,068
Net benefits (Business) $376,181,203 $50,166,361
(All) $482,618,002 $64,360,443
B. Qualitative impacts
Benefits Canadian public Increased health, safety and security of Canadians as they would be better protected from border-related risks due to the CBSA’s enhanced ability to risk assess and intercept high/unknown risk commercial cargo prior to arrival in Canada.
Businesses considered trade chain partners involved in the importation of goods into Canada Automation and electronic information would lead to improved business efficiency through
  • streamlining operations that involve shipping goods via multiple modes of transportation;
  • improvements in quality of information and efficiency of information retrieval reduction; and
  • alignment with the U.S. electronic manifest process as closely as possible in terms of data elements and timeframes required.
Pre-arrival risk assessment by the CBSA would lead to improved border crossing efficiency through
  • shorter border delays in all modes; and
  • more certainty in movement of low risk shipments at border crossings.
  • (1) For the CBA calculations, it is assumed that Package 1 will be implemented in two phases, with the first phase planned to come into force in Q1 2015 and the second phase 6 months after. Package 2 is planned to come into force in 2016.
  • (2) Present values and annualized values are calculated based on a discount rate of 7% over an 11-year period from 2015 (the year phase 1 of Package 1 would come into force) to 2025 (10 years after Package 2 would come into force) with year 2015 serving as present value base year. Prices are in 2012 constant dollars.
  • (3) Negative costs are due to total savings from the elimination of paper document preparation exceeding total costs of electronic information preparation.
  • (4) The benefits to the CBSA and the Government of Canada represent net cost savings due to the reallocation and better utilization of resources. The net costs/benefits for the interim year (2015) before full implementation are estimated to be $0 as the status quo would be maintained and therefore there would be no change in the workload of current employees and no new hires.

The costs and benefits to businesses can also be broken down by cost and benefit categories. Estimates for Packages 1 and 2 are presented as follows:

Packages 1 and 2 (businesses only) 2015 2016 2017 2025 Present Value (2015) Annualized Average
Costs
Compliance IT system (system upgrades/changes and maintenance) 5,970,430 6,252,143 2,166,158 2,166,158 23,896,229 3,186,727
Waiting time to satisfy pre-notification requirement 11,760,593 13,268,147 13,721,537 17,953,231 110,889,463 14,787,876
Cost of electronic data transmissions 985,374 1,208,816 1,245,951 1,599,091 9,915,917 1,322,356
Offset by reduction in the use of paper and ink –1,465,536 –1,793,032 –1,851,543 –2,402,107 –14,799,482 –1,973,613
Subtotal (Compliance) 129,902,127 17,323,346
Administration Application 2,319 2,530 2,530 2,530 18,775 2,504
Cost of electronic data preparation 17,794,937 24,974,504 25,475,474 30,789,871 195,873,922 26,121,140
Offset by elimination of paper preparation –25,116,331 –31,263,094 –32,244,192 –41,452,297 –256,484,622 –34,203,995
Learning/training 2,859,568 2,958,545 0 0 5,624,564 750,074
Subtotal (Administrative) –54,967,361 –7,330,277
Subtotal (Costs) 74,934,766 9,993,069
Benefits
Administration Elimination of application and maintenance of break-bulk exemption status 649 708 708 708 5,257 701
Indirect Waiting time saved at the land border due to shorter processing time 49,164,849 55,741,764 57,161,160 69,935,846 451,110,710 60,158,728
Subtotal (Benefits) $451,115,967 $60,159,429
Net benefits $376,181,201 $50,166,360

“One-for-One” Rule

The amendments described above are subject to the “One-for-One” Rule. This rule is used to control new administrative burden on businesses resulting from the introduction of regulations. To estimate the administrative burden for each stakeholder type and each new regulatory requirement, the third row of formula (1) as presented in Annex 1 is used. To estimate the administrative relief from the elimination of the break-bulk exemption in the marine mode, formula (2) is used. The total administrative burden is then the sum of all administrative costs over all stakeholder types and all new regulatory requirements less the administrative relief from the elimination of break-bulk exemption.

The general approach to cost calculations for the “One-for-One” Rule is essentially the same as that used for the cost-benefit analysis described in the “Benefits and costs” section above, with essentially the same assumptions applied. However, to conform to the requirements of the Treasury Board of Canada Secretariat, some alternative assumptions were used. The differences in the assumptions used are explained in the attached Annex 2. As a result of these differences, the estimates of administrative costs based on the cost-benefit analysis methodology will be different from the estimates based on the “One-for-One” Rule methodology.

Based on the “One-for-One” Rule methodology, it is estimated that the administrative savings with the introduction of the regulations in Package 1 would be about $8 million per year (with 2012 constant dollars and a present value base year of 2015), resulting in an administrative saving per business of about $443 per year (using simple averaging with an estimated 18 125 businesses affected). The total administrative savings for Packages 1 and 2 would however be only $6.4 million per year — a decrease mainly due to the added burden of $1.6 million per year for Package 2.

The expected decrease in administrative costs would stem mainly from paper processes being replaced by their electronic equivalents. The savings will mainly come from more efficient document (information) preparation and reduced errors and omissions due to the increasing use of information technology and the streamlining of business processes to handle electronic transmission of information, as described in the “Benefits and costs” section above. Therefore, the proposal is considered an “OUT” under the Rule. An “OUT” is a monetized decrease in administrative burden costs from the revision of existing regulations.

Please note that the annualized estimate has been revised upward from $4.6 million overall to $6.4 million overall. This represents an adjustment from the total provided in the Regulatory Impact Analysis Statement (RIAS) that appeared in Part I of the Canada Gazette on February 15, 2014, when these regulatory amendments were prepublished. The increase is mainly due to the following changes in the calculation:

As the reduction of administrative burden is expected to come mostly from labour savings on document preparation in the highway mode, the two changes have combined to raise the estimated amount of savings noticeably above the previous estimate.

Small business lens

The CBSA recognizes that small businesses will be impacted by the new reporting requirements. A small business is defined as any business, whether incorporated or not, with fewer than 100 employees or between $30,000 and $5 million in annual revenues. Since revenue data is not readily available, the definition used in the cost-benefit analysis relates to businesses with fewer than 100 employees; the same definition was applied for the small business lens.

To estimate the direct costs (both compliance and administrative) carried by small businesses, for each stakeholder type and each new regulatory requirement, formula (1) as presented in Annex 1 is used. To estimate the administrative relief from the elimination of the break-bulk exemption in the marine mode, formula (2) is used. The total direct cost impact is then the sum of all direct costs over all stakeholder types and all new regulatory requirements less the administrative relief from the elimination of break-bulk exemption. Since the focus of the small business lens is on direct cost impacts, indirect benefits, such as cost savings due to the time saved at the border, are not included in the calculations.

The general approach to cost calculations for the small business lens is essentially the same as that used in the “Benefits and costs” section above, with essentially the same assumptions used. However, to conform to the requirements of the Treasury Board of Canada Secretariat, some alternative assumptions are used. The differences in the assumptions used are explained in Annex 2.

Initial option

The initial option would have all businesses, including small businesses, paying to upgrade their systems in order to comply with the electronic reporting requirements of the CBSA. In the initial option, all businesses face the same reporting requirements and IT capability requirements to transmit pre-arrival information electronically to the CBSA. This would likely result in upfront capital and ongoing maintenance costs of IT upgrades.

Flexibility analysis

As small carriers and importers with infrequent shipments tend to be deemed higher risk, and given that the CBSA has much less information about them for risk assessment purposes, it would be counterproductive from a risk management perspective to provide regulatory flexibility for these businesses in terms of fewer data elements required or laxer time frames. Instead, the CBSA will offer the free eManifest portal for data transmission to help small businesses to alleviate the increased compliance costs.

Flexible option

The flexible option allows businesses to access a free Internet portal to submit the required information electronically. In the flexible option, all businesses still face the same reporting requirements. However, the CBSA provides the free eManifest portal for highway carriers, freight forwarders and importers to transmit eManifest information in order to mitigate the upfront capital costs and ongoing maintenance costs of IT upgrades. With access to a computer and an Internet connection, smaller businesses will have a different option to send their advance data electronically free of charge, through the eManifest portal.

The small business costs to be carried as a result of the full implementation of the eManifest initiative (i.e. Packages 1 and 2) for each option are presented in the table below.

Implementation of eManifest — Initial Option vs. Flexible Option
All packages Initial Option Flexible Option
Short description No free eManifest portal Free eManifest portal
Number of small businesses impacted 160 605 160 605
  Annualized Average (Constant 2012 $) Present Value (Constant 2012 $) (PV Base Year 2015) Annualized Average (Constant 2012 $) Present Value (Constant 2012 $) (PV Base Year 2015)
Compliance costs $26,710,340 $200,292,170 $7,923,360 $59,414,660
Administrative costs –$4,165,480 –$31,235,610 $199,270 $1,494,270
Total costs $22,544,860 $169,056,560 $8,122,630 $60,908,940
Total cost per small business $140 $1,050 $50 $380
Risk considerations

Small carriers and importers with infrequent shipments might have to incur substantial upfront capital costs and ongoing maintenance costs to upgrade their IT systems for electronic submission of required information.

This increase in compliance costs might not be fully offset by the efficiency gained (and the decrease in administrative costs) as a result of increased IT use.

This might discourage some of them from conducting cross-border business, especially in the highway mode where the majority of the carriers are small and owner-operated.

The CBSA bears the cost of developing an eManifest portal for trade chain partners to transmit information free of charge.

Also, since a common eManifest portal would be developed for businesses with a diverse array of practices, the opportunity for customization to streamline business process and hence gain efficiency might be minimal for these businesses.

The initial option shows large negative administrative costs, reflecting in large part more significant efficiency in data preparation time gained from investing more in the upgrades and changes of the IT system for electronic preparation and transmission of data. The flexible option shows positive administrative costs, reflecting the assumptions that (1) there are no savings in data preparation time by switching from paper to electronic processing via the eManifest portal; and (2) most small businesses would opt for the eManifest portal due to the fact that their low volumes of transactions would not justify large investments in IT system upgrades or changes. However, the total costs under the initial option would still be greater than those under the flexible option. Given the difference in costs between the initial option and the flexible option, the flexible option is the recommended option.

Consultation

Private sector consultations

The CBSA established the eManifest Stakeholder Partnership Network (eSPN), made up of nearly two dozen industry associations and CBSA representatives, to provide a forum for dialogue and to help the CBSA reach out to all commercial trade chain partners. Regular consultations among eSPN subcommittees and working groups have been ongoing since 2007. Consultations covered such topics as defining requirements and identifying stakeholder needs, establishing processes and procedures, reviewing and resolving policy issues, mapping the technical design and implementation of eManifest, and sharing information and communication products.

The following stakeholders involved in the importation of goods into Canada will be affected by the regulations, due to the requirement of having to provide pre-arrival information to the CBSA electronically: carriers, freight forwarders and sufferance warehouse operators.

Specific industry associations that have been extensively consulted as part of this proposal include the following:

The eManifest initiative has also been discussed regularly at Border Commercial Consultative Committee (BCCC) (see footnote 19) meetings since 2006. The BCCC provides the CBSA and industry stakeholders with a forum for dialogue on border issues. The eManifest subcommittee of the BCCC includes representatives from the CBSA and members of 10 key trade associations. The Committee’s mandate is to work collaboratively to promote modernization and improvements to the Agency’s commercial program under eManifest, validate strategic directions related to eManifest and other major projects intended to simultaneously enhance facilitation and security, and provide governance to the existing eManifest Stakeholder Partnership Network (eSPN) working groups.

Input from these consultations has also been taken into consideration to identify areas of business burdens and savings in the preparation of the cost-benefit statement for this document.

Private sector support

In general, stakeholders participating in the BCCC and the eSPN meetings have been very supportive of the goals of the eManifest initiative, namely to secure the border and facilitate trade. For example, at the BCCC meeting on February 26 and 27, 2008, the industry representatives agreed unanimously that security and health issues must be addressed at the border. However, they also expressed their concern that cross-border traffic could be delayed for issues not related to security or health. At other meetings, some industry representatives expressed their eagerness for the eManifest initiative. For example, a representative from the rail industry stated that “the rail industry is keen to work on developing the eManifest initiative because it already communicates extensively with the CBSA via electronic means.”

Stakeholder feedback was also positive with respect to the potential for the initiative to offset the costs of new regulatory requirements with enhanced border efficiency (reduced wait times), reduced reliance on paper-based records and increased alignment with the requirements of other countries (chiefly the United States).

Major concerns and CBSA responses

Throughout the consultation process, industry has stressed the importance of stakeholder involvement and the inclusion of the broader trade community with regard to the development of the system and the manner in which critical policy issues are addressed. In response, from 2006 to 2012, the CBSA held 21 meetings of the eSPN and 15 meetings of the BCCC at which the eManifest initiative was discussed.

A major concern of the industry that was frequently discussed was the burden of collecting the data and transmitting within the prescribed time frames. The various eSPN working groups provided the CBSA with platforms to discuss all proposed data elements and processes for each mode with the various participants. These discussions allowed the CBSA to better understand the business flow in the different modes and to design the system and policy to better fit the logistics of the industry.

Another major concern raised by stakeholders was the cost impacts on small and medium-sized businesses. The discussions at consultation meetings led to the development of the eManifest portal, which would be most beneficial to small and medium-sized businesses. In particular, stakeholder consultations related to the implementation and design of the eManifest portal were held across Canada in 2008 and 2009, aiming to gauge the views of small and medium-sized businesses on the portal option. These consultations revealed a need for and a positive reaction to the proposed portal solution.

Many policy and system development issues of a more technical nature were raised at the meetings, and the CBSA has created a trade issue log, which is shared with the industry, to prioritize the issues in order to deal with them in a transparent and timely manner. It also provides the industry with the necessary information to move forward with its planning and preparation for eManifest.

Government consultations

The regulatory amendments for eManifest will have no direct impact on other government departments (OGDs), such as the Canadian Food Inspection Agency (CFIA) and the Department of Foreign Affairs, Trade and Development Canada (DFATD), as there are no planned changes under eManifest to the existing electronic or paper-based OGD processes. The amendments deal primarily with the provision of pre-arrival information, which will be used by the CBSA to perform a risk assessment, related to the import of goods into Canada. OGD requirements related to the import of goods into Canada (e.g. the submission of permits and licences), are part of a different process and would not be impacted by the regulatory amendments. As a result, no formal consultations were conducted with OGD partners and no significant feedback was provided.

Although the amendments do not directly impact OGDs, it should be noted that the eManifest initiative supports the broader Government of Canada objectives of reducing paper processes and paper burden (see footnote 20) and streamlining its processes to ensure consistency and transparency.

U.S. consultations

Extensive consultations have been conducted with the United States Customs and Border Protection (USCBP) on the amendments to ensure that pre-arrival information requirements and processes are aligned between Canada and the United States to the greatest extent possible. Goods which are destined for North America and which transit either through Canada or the United States prior to arrival at their ultimate destination are subject to each country’s information requirements.

For highway carriers, some of the IT system-related costs will be offset by investments they have already made in order to provide data electronically to the USCBP. Since 2007, an electronic manifest, which was the successor of the paper manifest, has been mandatory for shipments entering the United States. All trucks from Canada destined to the United States with freight on board are required to submit an electronic truck manifest before arriving at the border. Filing manifests electronically can be accomplished either by using a commercial software product or via the Internet through the Automated Commercial Environment (ACE) Secure Data Portal. Historically, carriers were required to file a paper manifest with the USCBP before a shipment entered the United States. Filing electronic manifests is now required at all land border ports in accordance with the Customs Border Security Act of 2002 (Trade Act of 2002) advance cargo rule.

In designing eManifest, the need to align with U.S. processes for the sake of common client requirements was an early priority, established with input from the eSPN. Commonalities allow the carriers that built systems for ACE participation to modify those systems for CBSA eManifest purposes, avoiding the cost of building an entirely new system. Feedback from carrier clients currently transmitting for ACE confirms that their costs are lower due to the earlier USCBP mandated requirements.

The feedback from the USCBP on the eManifest initiative has been positive and no concerns have been raised.

Generally, all stakeholders consulted support the implementation of eManifest and the regulatory regime that would enforce it. The vast majority of stakeholders accept eManifest as a necessary and inevitable modernization of processes.

Furthermore, all stakeholders acknowledge the long-term benefits that eManifest would bring in terms of both security and facilitation.

Since all stakeholders have been aware of eManifest for several years and have been consulted extensively on its design, delivery and implementation, there are no outstanding issues or points of contention. However, as can be expected with the introduction of new electronic processes that replace long-standing manual processes, some industry sectors, such as highway carriers, will be more impacted by eManifest than others. The CBSA has identified those stakeholders and is conducting ongoing consultations and outreach with them — both individually and in industry sector groups — in order to ensure a smooth transition and to mitigate any business impacts. The CBSA will continue to support these stakeholders as the eManifest initiative is implemented.

Prepublication in Part I of the Canada Gazette

On February 15, 2014, the Regulations were prepublished in Part I of the Canada Gazette, followed by a 30-day comment period (http://www.gazette.gc.ca/rp-pr/p1/2014/2014-02-15/html/reg1-eng.php).

Sixty-eight submissions were received. Comments were received from individual businesses and trade associations. Many of the issues raised asked specific questions, or sought further clarification as to the requirements of the eManifest program. All comments were taken into consideration. The CBSA responded directly to each organization or individual by letter.

Comments and the CBSA response have been grouped into broad categories based on their subject matter:

  1. Requests for clarification regarding the implementation and application of eManifest requirements;
  2. Questions concerning carrier codes and compliance;
  3. Concerns about the impact of the amendments on freight forwarders;
  4. Comments with respect to the cost-benefit analysis of the eManifest program; and
  5. Comments concerning issues that will be addressed through future regulatory amendments.

Responses to the key issues raised are summarized below.

1. Requests for clarification regarding the implementation and application of eManifest requirements
Comment

The 30-day comment period was not long enough. A stakeholder commented that the Guide to the Federal Regulatory Development Process (see footnote 21) provides for a 75-day prepublication requirement when a regulatory proposal has a potential impact on international trade (Part 2, Step 7).

Response

The 30-day comment period is a policy requirement of the Cabinet Directive on Regulatory Management. The proposed regulatory amendments deal with commercial requirements and do not directly deal with trade issues. Furthermore, the CBSA agreed to accept comments from the World Trade Organization after the 30-day comment period. Finally, the CBSA prepublished these regulatory amendments more than 75 days before they will come into force; the CBSA therefore provided stakeholders with sufficient notice.

Comment

The timelines for the various initiatives within the regulatory package provide insufficient preparation time for industry to determine impact and funds, develop programming and implement the many mandated electronic initiatives. More specifically, the proposed implementation date (July 1, 2014) for the new freight forwarder requirements provides stakeholders insufficient time to meet the new requirements.

Response

While the CBSA appreciates the impact of the regulatory amendments on all stakeholders, the Agency has engaged in extensive consultations with all stakeholders, including freight forwarders, who have known of the pending regulatory amendments for more than two years. In addition, the CBSA has committed to providing all stakeholders with at least 45 days’ notice of the mandatory coming into force date of the regulatory amendments.

Part 2 of the Regulations Amending Certain Regulations Made Under the Customs Act, which imposes new regulatory requirements on freight forwarders, was originally scheduled to come into force on July 1, 2014. However, Part 2 will now come into force six months after the publication of these regulatory amendments in the Canada Gazette, Part II. Moreover, the freight forwarders who have already implemented electronic functionality internally have been able to transmit the information required by Part 2 of the Regulations Amending Certain Regulations Made Under the Customs Act to the CBSA since June 9, 2013. The CBSA therefore believes that the freight forwarding community has been given sufficient time to meet the new requirements.

Comment

Stakeholders expressed concern with the proposed time frames for the “commercial release of goods,” noting that, in cases where arrival must occur prior to release, the use of the arrival message to trigger release could significantly impact operations, causing a negative impact on trade.

Response

Previous CBSA-published policies allowing release prior to the arrival of the goods in Canada were erroneous and not consistent with sections 12 and 31 of the Customs Act. The CBSA has therefore withdrawn all erroneous public statements regarding the release of goods prior to arrival in Canada. The amendments to the Reporting of Imported Goods Regulations therefore do not change the existing time frames for the release of goods.

However, what constitutes “arrival” in the various modes of transportation has now been expressly set out in the Reporting of Imported Goods Regulations. This is achieved by Conveyance Arrival Certification Message (CACM).

The CACM achieves three essential legal requirements:

  1. It confirms when the conveyance legally arrives in Canada in a definable and verifiable manner that is also rational and consistent between the different modes of transportation;
  2. It closes out the legal time frame for providing ACI, which is necessary for the effective administration and enforcement of section 12.1 of the Customs Act; and
  3. It begins the legal time frame for section 12, Customs Act report, which is necessary for the effective administration and enforcement of section 12 and everything thereafter, including accounting and payment of duties.
Comment

While the majority of stakeholders expressed no concern with the requirement to supply empty conveyance data to the CSBA, some stakeholders in the highway mode expressed concerns with the requirement to use a bar code to report empty conveyances to the Agency.

Response

The Regulations do not specify empty bar code requirements. However to satisfy operational requirements, it is specified in policy that a bar code is required for empty highway conveyances.  Highway carriers who choose to submit eManifest information for empty conveyances will be required to present a lead sheet with a bar coded Conveyance Reference Number (CRN) at the Primary Inspection Line. Despite this policy requirement, the CBSA has nevertheless been working with stakeholders to find a mutually acceptable resolution to the requirement to report empty conveyances.

The CBSA is also examining other options to assist carriers in providing pre-arrival empty conveyance information, including providing bar coded lead sheets free of charge through the eManifest portal.

Comment

Stakeholders asked for clarification with respect to several of the definitions and terms used in the Regulations Amending Certain Regulations Made Under the Customs Act.

Response

The CBSA has provided the definitions or clarifications requested by stakeholders below:

Please refer to the following CBSA Web site for the Commercial Hand-Carried Goods Release Process: http://www.cbsa-asfc.gc.ca/import/release-dedouanement-eng.html#carried.

Comment

Is it possible to test the eManifest portal before it is implemented into a company’s system? Will the CBSA retain the manual conveyance arrival form for when conveyances are unable to report electronically due to a CBSA or client system outage?

Response

The eManifest portal is currently available for use by highway carriers and freight forwarders to transmit ACI to the CBSA. The portal can handle up to 200 trade documents per hour per user. If this limit is reached before the stakeholder has finished transmitting its ACI, the user will see a warning message advising him or her to wait a moment before continuing. For high volume stakeholders, there are other electronic options available to transmit ACI to the CBSA, including Electronic Data Interchange (EDI) or a third-party service provider.

The eManifest portal does not need to be integrated directly into a company’s system; to access the eManifest portal you must have an Internet connection, JavaScript enabled, and a Web browser (Internet Explorer 8 and above or Firefox 2.0 and above).

In the event of a CBSA system outage, all efforts will be made to continue normal communications, and restore systems to normal operating conditions as soon as is reasonably possible. Clients must retain the ability to produce hard copy cargo/conveyance declarations in the event of disruption with the CBSA systems. A manual arrival process will be in place and communicated to clients once the outage committee (which includes external clients) has finalized its plan.

For more details about the technical requirements for using the portal, see the Electronic Commerce Client Requirements Document – Chapter 7: Advance Commercial Information (ACI)/ eManifest Highway Portal. (see footnote 22)

Further general information about the eManifest portal can be found on the CBSA Web site: http://www.cbsa-asfc.gc.ca/prog/manif/portal-portail-eng.html.

Comment

Stakeholders identified a perceived problem when personal effects/household goods are in consolidated containers crossing the border and asked if an actual domestic manifest from a shipping company/co-loader has to be created with a cargo control number. Stakeholders also asked what address information they are required to provide in the event that the consignee does not yet have a permanent address.

Response

Under the amendments to the Reporting of Imported Goods Regulations, personal effects being transported to Canada on a commercial conveyance are not exempt from ACI requirements. The carrier transporting the goods to Canada remains obligated to provide the cargo and conveyance information and if the shipment is consolidated, the freight forwarder is obligated to provide the secondary cargo information. A cargo control number is required on the cargo information and on the secondary cargo information.

Freight forwarders are only responsible for providing ACI (e.g. relating to where the goods will be stored and/or delivered) based on their source document(s). Assuming that the freight forwarder is unaware of the error, it will not be held responsible if the source document is incorrect. As soon as the freight forwarder becomes aware that the consignee address information is inaccurate, the freight forwarder must provide the correction by updating the information for which they are responsible; similarly, a carrier would also be required to provide the correction for the cargo information for which they are responsible.

Comment

Stakeholders expressed concerns regarding regional infrastructure in the Quebec and New Brunswick regions that may not allow them to meet eManifest requirements. Some of the concerns include lack of telecommunications infrastructure, limiting the ability of stakeholders to use telephones or the Internet, which is necessary to comply with eManifest requirements.

Response

The CBSA is committed to helping all stakeholders in the implementation of eManifest. The CBSA is working closely with affected stakeholders in order to determine a viable solution.

2. Questions concerning carrier codes and compliance
Comment

The new carrier code requirements are being aggressively promoted by the Agency in absence of any regulatory or legislative authority.

Response

In December 2012, the Customs Act was amended regarding the carrier code and ACI requirements. These amendments to the Customs Act are being brought into force by order in council concurrent with the Regulations Amending Certain Regulations Made Under the Customs Act. “Carrier code” is now expressly defined in section 2 of the Customs Act, and section 12.1 establishes the threshold legal requirement of possessing a valid carrier code in order to provide ACI to the CBSA. Moreover, the Reporting of Imported Goods Regulations have been amended to set out the requirements and conditions for holding a valid carrier code, including who is eligible to hold a carrier code.

Comment

Stakeholders commented that the carrier code application process is paper-intensive, lengthy, and complex.

Response

These regulatory amendments have not made any changes to the carrier code application process. Moreover, the CBSA has a streamlined application process for the required carrier code. The carrier code is free of charge and does not expire. In comparison, other countries charge an application fee for their equivalent identifying code and also require an annual renewal and/or annual fee to maintain the code. The carrier code identifies the client and allows the CBSA to know with whom it is doing business. The client identity is a crucial element in the CBSA’s pre-arrival risk assessment. The more that the CBSA can assess in advance of a conveyance’s arrival in Canada, the more efficient its processing will be upon arrival of the conveyance.

Comment

Stakeholders requested clarification concerning who is eligible to apply for and receive a carrier code, expressing concerns that the broad scope of the carrier code definition does not reflect the complexity of owning and operating relationships, noting that there are often several parties involved in the operation of a vessel. Stakeholders therefore requested a clear definition of a “carrier,” and an explanation as to what is meant by the phrase “person in charge of a conveyance,” used in the regulatory amendments.

Response

The CBSA continues to define a carrier as: “the person/entity operating a conveyance transporting specified (commercial) goods to Canada.” To “operate a conveyance” means to have legal custody and control of the conveyance as (a) an owner; (b) a lessee under a lease or agreement of hire; (c) a charterer under an agreement of hire; (d) as a purchaser under a conditional sale or hire purchase agreement that reserves to the vendor the title to the conveyance until the purchase price is paid or certain conditions are performed; or (e) a mortgagor.

Most often, carriers will be a transportation company (a corporate legal entity), but a carrier can also be an individual (a sole proprietorship). While the term “carrier” isn’t defined in either the Customs Act or its regulations, the term is used throughout the Reporting of Imported Goods Regulations to mean the person (legal entity) transporting commercial goods to Canada.

Carriers, regardless of how often they cross the Canadian border with commercial goods, require a valid carrier code in order to transact business with the CBSA. Freight forwarders also require a valid carrier code in order to transmit ACI to the CBSA. Third-party agents, including marine agents, are not carriers and cannot under the Reporting of Imported Goods Regulations hold a valid carrier code; only a carrier or a freight forwarder may hold a valid carrier code.

Comment

Clarification was requested concerning the compliance monitoring process. Some stakeholders also cautioned the CBSA against applying AMPs against the master carrier, as they do not always share access to the cargo details for containers booked by its partners.

Response

The CBSA is in the process of developing a Compliance Monitoring Framework to allow the CBSA to systematically identify and support stakeholders most in need of help with regard to eManifest compliance. It is the CBSA’s belief that the best way to improve compliance is to provide stakeholders with feedback about their performance and to work closely with stakeholders with repeated cases of non-compliance. The framework will include a “report card” to stakeholders with repeated cases of non-compliance after each monitoring period, including an action plan tailored specifically to their needs. All stakeholders in all modes of transportation are subject to the same legal requirements regarding ACI. AMPs and any other applicable enforcement measures will be undertaken fairly and consistently. Details of the Compliance Monitoring Framework will be communicated to all stakeholders once it has been finalized.

Stakeholders are expected to provide information that is readily available to them from the bills of lading, waybills or other similar transportation documents that are used in international transportation business transactions. The onus is on the stakeholder to provide true, accurate and complete information to the CBSA. The CBSA encourages stakeholders to identify errors, omissions, or other instances of non-compliance as soon as they become aware of these issues, and requires them to provide updated accurate information immediately. If a voluntary correction is made to the ACI before any investigation, exam, or audit has been initiated by the CBSA, ACI/eManifest AMPs will not be applied with respect to the submission voluntarily identified by the client.

The introduction of AMPs related to ACI and eManifest requirements are necessary to enhance the CBSA’s ability to promote compliance with this vital, pre-arrival risk assessment program. This is particularly relevant given the self-reporting and self-assessing nature of the system. The CBSA is continually striving to improve formal recourse procedures.

ACI has been in place in the marine mode since 2004 and in the air mode since 2006, with the carrier legally obligated to provide the required information. AMPs for ACI obligations have not yet come into force. Stakeholders will be given a minimum of 45 days advance notice prior to their implementation. In addition, there will be a six-month grace period during which time zero-rated penalties will be applied. The grace period is intended to be a time during which stakeholders will gain a better understanding of what is required from them. This time period will also allow the CBSA to gauge the impacts that the penalties will have on stakeholders in the future.

Comment

Stakeholders advised that they believed that there are inconsistencies between Canada’s overall approach to carrier codes and advance commercial information requirements and those of the international trading community, as set out in the International Convention on the Facilitation of International Maritime Traffic (FAL Convention).

Response

As a contracting government, Canada undertakes to adopt, in accordance with the provisions of the present FAL Convention, all appropriate measures to facilitate and expedite international maritime traffic and to prevent unnecessary delays to ships and to persons and property on board. In particular, the CBSA has taken great care to adapt its approach in regard to ACI and carrier codes to efficiently and effectively address the identified security gaps without adding unnecessary burden to trade chain partners.

The CBSA has engaged in extensive stakeholder consultation during the development of these regulatory amendments. Therefore, the CBSA believes it has implemented reasonable requirements that are consistent with international standards, including those reflected in the FAL Convention, as well as those of Canada’s major trading partners.

3. Concerns about the impact of the amendments on freight forwarders
Comment

Some of the advance information required from freight forwarders is unreasonable and the new freight forwarder obligations will cause costly technological changes for businesses.

Response

Since 2004 and 2006, marine and air carriers have been required to provide cargo and conveyance ACI to the CBSA. In response to current business practices, freight forwarders will now be expressly recognized as a trade chain partner in the Reporting of Imported Goods Regulations, and will therefore be made subject to similar reporting obligations as other trade chain partners.

Furthermore, freight forwarders are only obligated to provide the ACI for any shipment for which they are responsible. A “shipment” is defined in the regulatory amendments as a specified good or collection of specified goods that is listed in a single bill of lading, waybill or similar transportation document that is issued by the freight forwarder and that relates to the carriage of those goods. The regulatory amendments require that shipment-specific information be provided prior to arrival (or prior to load in the case of containerized marine cargo). The party responsible for the provision of this information depends on whether or not the shipment is consolidated. If there is no freight forwarder involved in the shipment, the CBSA would not expect to receive freight forwarder information.

Comment

Freight forwarders expressed concern that some of the information required may not be available at least 24 hours prior to loading to comply with the marine mode timeframes. There was also concern about sharing proprietary information with other trade chain partners.

Response

In order to accurately identify high-risk goods and facilitate the free flow of low-risk goods, the CBSA needs to ensure that it gets the right information from the right person at the right time. eManifest was purposefully structured to respond to existing business requirements and to ensure that the CBSA can properly risk assess goods in advance of their arrival in Canada. New freight forwarder reporting timeframes therefore mirror the existing cargo timeframes for carriers in all modes of transportation. In the marine mode, information for containerized cargo is required at least 24 hours prior to loading. This information is readily available from the bill of lading, waybill or similar transportation document and is accessible as part of international transportation business transactions.

Through years of consultation with trade chain partners, the CBSA created internal IT system flexibility, as well as flexibility in terms of who is authorized to provide the secondary cargo information when a shipment is consolidated. Business-to-business relationships and the sharing of information between stakeholders were all duly considered. The CBSA designed the secondary cargo structure to satisfy current business practices and to provide a mechanism where the sharing of proprietary information would not be required.

Comment

Freight forwarders cannot be responsible for carrier-related sections 13, 16, 18, 20, 24 or 25 of the amended Reporting of Imported Goods Regulations, which are all quoted in obligations set out at section 30 of the Reporting of Imported Goods Regulations, as amended.

Response

In response to current business practices, the role of freight forwarders is now expressly recognized in the Reporting of Imported Goods Regulations. According to section 30 of these Regulations, freight forwarders are not responsible for carrier ACI obligations related to sections 13, 16, 18, 20, 24 and 25; these sections only apply to carriers. The freight forwarder ACI obligations in sections 15.2, 17.1, 19.1 and 21.1 apply to freight forwarders. As it is a common business practice for carriers to also offer freight forwarder services, only when a carrier is also providing freight forwarder services will it be required to provide both the carrier and the freight forwarder ACI. The carrier and the freight forwarder (including a carrier providing freight forwarder services) are only required to make corrections to the information that they are obligated to provide, and to do so as soon as they become aware that the information is inaccurate or incomplete.

Comment

eManifest has not permitted de-consolidation at ocean ports or inland railway terminals. Furthermore, the majority of cross-border shipments imported to Canada (under the current Regulations), are able to set up for release at the border.

Response

The regulatory amendments do not affect this element of a freight forwarder’s operations. Therefore, shipments can continue to be de-consolidated after arrival in Canada and importers can continue to obtain release at the border or inland. The regulatory amendments do not dictate where the release of goods must occur.

Comment

Some stakeholders also commented that foreign freight forwarders may not be eligible to receive a carrier code and/or provide the information required by the regulatory amendments.

Response

The CBSA does not discriminate between Canadian and foreign freight forwarder information. Foreign freight forwarders must apply for and receive a CBSA carrier code according to the same standards as domestic freight forwarders.

4. Comments with respect to the cost-benefit analysis of the eManifest program
Comment

How will the CBSA ensure the continued health, safety, security and prosperity of Canada and Canadians under the eManifest program?

Response

Given the CBSA’s risk-based, intelligence-driven approach to border management, including risk assessing goods destined for Canada in advance of their arrival in Canada, improvements in the quantity and quality of the information obtained for this purpose will make border processing of commercial goods more efficient and effective at identifying threats to the health, safety, and security. These efforts will contribute to the Government of Canada and the Agency’s ongoing efforts to ensure the continued health, safety, security and prosperity of Canada and Canadians.

Comment

It is not true that the implementation of eManifest will lead to a paperless process.

Response

In the context of eManifest implementation, the scope of benefits in regard to the paperless process described in this RIAS is limited to electronic data transmission and communication between the CBSA and its stakeholders. Monetized benefits of “elimination of paper preparation” were estimated accordingly.

With regard to business-to-business communication between trade chain partners, it is recognized that this can take a variety of forms, and the CBSA is not positioned to dictate how these communications should be carried out. While the CBSA is unable to accommodate every business practice in the industry, the Agency has taken steps to ensure that eManifest will align with the industry trends and best practices that could improve the effectiveness and efficiency of the industry as a whole. Industry trends and best practices already point to tighter integration between trade chain partners through adoption of “paperless” IT technologies. The CBSA believes that stakeholders will simply be continuing the integration process that is already ongoing by adopting electronic means of transmission and communication for eManifest.

Comment

The costs to trade are underestimated, and the benefits to trade are overestimated in the calculations. Furthermore, the “baseline” scenario versus the “regulated” scenario is identified as current, which is not the case, as the CBSA has implemented certain portions of the ACI eManifest program in the past 10 years.

Response

In the context of an impact assessment, a baseline scenario is a hypothetical future in which the proposed regulations are absent. Impacts of the regulations are then determined based on the differences between the baseline and the regulated scenarios. In the CBSA assessment, it was assumed that the status quo would continue in the absence of the proposed regulations.

The RIAS describes the most likely cost-benefit scenario based on the stated assumptions and is supported by findings from numerous consultations, previous studies on eManifest, and similar regulations in other countries. Additional scenarios, based on alternative assumptions, were considered and are presented in the full cost-benefit analysis report. Taking both monetized and non-monetized impacts into account, it was estimated that the regulatory amendments would likely lead to a net positive impact in all scenarios considered.

Comment

Importers will incur costs rather than benefits.

Response

For the cost and benefits specific to importer advance trade data (ATD) requirements, the CBSA agrees that some stakeholders will incur some costs; however, the regulatory amendments are expected to result in a net benefit to business. This is reflected in the cost-benefit statement describing Packages 1 and 2 together, as opposed to the table describing only the monetized costs and benefits of Package 1. To avoid double counting, the cost-benefit analysis did not consider possible transfer between carriers and importers. However, we would expect that, under market competition, part of the benefits to the carriers could be transferred to the importers in the form of lower fees and better service.

5. Comments concerning issues that will be addressed through future regulatory amendments or other initiatives
Comment

Stakeholders made a number of comments concerning initiatives or amendments that were not included in this regulatory package.

Response

The current regulatory amendments create requirements that will, to the greatest extent possible, harmonize with the requirements of the U.S. Customs Border Patrol (USCBP). The information is required by the CBSA to perform a robust risk assessment of goods which may impact the health, safety and security of Canadians. However, these regulatory amendments do not include advance trade data (ATD) requirements. The present amendments primarily concern carriers and freight forwarders, and, therefore, the requirements for brokers and importers are not changing at this time. As a result, only comparisons between information received from carriers and freight forwarders are referenced in this RIAS. Information submitted by all trade chain partners, including ATD from importers, will be compared in the RIAS prepared for Package 2.

A second eManifest regulatory package (Package 2), which includes ATD requirements, will be proposed in the future. The requirements associated with Package 2 will be prepublished in Part I of the Canada Gazette, and will have a corresponding 30-day comment period. Concerns related to harmonization with the United States and the modes in which ATD are required will be welcome at that time.

The CBSA is also currently working on new IT system functionality to include driver/crew information as part of eManifest mandatory requirements. Once new system functionality is in place, highway, rail and marine carriers will be required to include crew information in their pre-arrival submission. Currently, the CBSA only receives advance crew information (and conducts pre-arrival risk-assessments) in the air mode of transportation.

Modernization of the CBSA’s Sufferance Warehouse Program does not fall within the scope of the eManifest regulatory amendments. The CBSA has simply mandated electronic arrival for cargo at sufferance warehouses, but has not made any changes to the existing warehouse types with respect to where cargo movements/arrival of cargo must occur. Any further changes will be implemented under the Cargo Control and Sufferance Warehouse Modernization Program and will be communicated to stakeholders at the appropriate time.

Regulatory cooperation

Given that the USCBP implemented electronic pre-arrival information in 2007, a solid base of technological and system knowledge has already been established by most highway carriers crossing the Canada–U.S. border. The USCBP provides an Automated Commercial Environment (ACE) Secure Data Portal (see footnote 23) that allows a Web-based method of submitting information, as well as Electronic Data Interchange (EDI) that allows the transmission of EDI information to ACE through a direct connection, or by employing a third-party service provider. Carriers involved in Canada–U.S. trade have already invested significantly in technology, training and personnel to meet the USCBP requirements.

In designing eManifest, the need to align processes with the United States for the sake of a common client approach was an early priority established with input from eSPN. Commonalities allow carriers that built systems for ACE participation to modify their systems for CBSA eManifest purposes, avoiding the cost of building an entirely new system. Feedback from carrier clients currently transmitting ACE confirms that new system modification costs would be minimal as a result of having implemented systems for ACE. Similarly to the USCBP, the CBSA introduced a Web-based portal, which is available to stakeholders free of charge.

The regulatory amendments will also minimize procedural differences with international partners by ensuring that the CBSA is operating in a manner consistent with the World Customs Organization (WCO) Framework of Standards to Secure and Facilitate Global Trade.

Rationale

The regulations are needed to ensure that, regardless of the mode of transportation, information about certain goods coming to Canada is provided electronically and in advance, and that the information is systematically and consistently reviewed. The regulations will ensure that the CBSA receives information about shipments from all the trade chain partners involved in the trade continuum, thereby allowing the CBSA to verify data quality and integrity through matching and comparison. The regulations will help the CBSA to push the border out by ensuring that goods coming to Canada are screened prior to their arrival in all modes, which will result in reduced border wait times and more predictability for traders at the border. The regulations will modernize the way that the CBSA does business with the trade community and would ensure that commercial requirements in Canada remain consistent with its trading partners. Ultimately, the regulations will save money and time for the trade community and the CBSA.

Although the eManifest initiative will involve initial costs to businesses, overall, any negative impacts will be minimal in comparison to the long-term benefits of the amendments. For this reason, the CBSA anticipates that businesses involved in the importation of goods to Canada will be positively impacted by the amendments.

Carriers in the air and marine modes of transport that have already implemented electronic systems under ACI and carriers in the rail mode that are already Electronic Data Interchange-capable would be somewhat impacted by these amendments, as they may require changes or upgrades to their systems to meet eManifest requirements. For carriers in the highway mode and freight forwarders, these amendments will result in an evolution from paper documents to electronic information that may necessitate new equipment.

The amendments will increase the CBSA’s ability to detect high-risk goods prior to their arrival in Canada. They will support an increase in security at border crossings, enhance border enforcement, reduce costs associated with border delays and improve the health, security and safety of Canadians. Therefore, it is expected that, overall, these amendments represent a net benefit to Canadians, the CBSA and stakeholders.

Implementation, enforcement and service standards

Funding for eManifest was announced in Budget 2006. The CBSA started the development of the IT infrastructure necessary to support the eManifest initiative in 2007. The regulatory amendments are designed to provide regulatory support for the full implementation of the eManifest initiative. The scope of the changes requires that the regulations be introduced by means of two separate packages of amendments to existing regulations.

The amendments correspond to three implementation phases, each with additional requirements and with various coming into force dates aligning with CBSA eManifest system capabilities:

To assist stakeholders in adapting to the changes, for most of the regulatory requirements, there will be a six-month period of $0.00 administrative monetary penalties after the coming into force date.

The implementation schedule is presented in the table below:

Event/Name Expected Voluntary Period Expected Coming Into Force Dates (In Bold)
  Start — System Available End of Voluntary Start — 6 Months Zero AMPs End — Full AMPs Apply
Package 1 — Phase 1
• Amendments for highway (cargo and conveyance) system availability voluntary period Now Package 1 Phase 1 Coming into Force Date (P1P1 CIF)    
• Amendments for highway (cargo and conveyance)
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P1 CIF P1P1 CIF + 6 Months
• Amendments for rail (cargo/conveyance and electronic arrival message) system availability voluntary period Now P1P1 CIF    
• Amendments for rail (cargo/conveyance and electronic arrival message)
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P1 CIF P1P1 CIF + 6 Months
• Amendments for air and marine (electronic arrival message) system availability voluntary period Now P1P1 CIF    
• Amendments for air and marine (electronic arrival message)
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P1 CIF P1P1 CIF + 6 Months
• Amendments to sufferance warehouse arrivals (release notification system)
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P1 CIF P1P1 CIF + 6 Months
• Amendments for Carrier Code Requirements
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P1 CIF P1P1 CIF + 6 Months
Package 1 — Phase 2
• Amendments for freight forwarders (electronic house bills) system availability voluntary period Now P1P2 CIF    
• Amendments for freight forwarders (electronic house bills)
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P2 CIF P1P2 CIF + 6 months
• Amendments for freight forwarders (supplementary cargo data) system availability voluntary period Now P1P2 CIF    
• Amendments for freight forwarders (supplementary cargo data)
Mandatory with 6 months zero-rated administrative monetary penalties period		     P1P2 CIF P1P2 CIF + 6 months
• Amendments for bay plan system availability voluntary period Now P1P2 CIF    
• Amendments for bay plan
Mandatory with 6 months zero-rated AMPs period		     P1P2 CIF P1P2 CIF + 6 months
Package 2 — Phase 3
• Amendments for importers (advance trade data) [all modes] system availability voluntary period 2015 2016    
• Amendments for importers (advance trade data) [all modes]
Mandatory with 6 months zero-rated administrative monetary penalties period		     2016 P2P3 CIF + 6 months
• Amendments for additional linking updates required for all modes system availability voluntary period 2015 2016    
• Amendments for additional updates required for all modes
Mandatory period begins		     2016 P2P3 CIF + 6 months

While it is expected that the introduction of administrative monetary penalties specifically relating to eManifest will encourage stakeholders to comply with the regulations, the CBSA will also put in place a new monitoring process to further help stakeholders improve their compliance. The monitoring process will feature the use of a Performance Report Card to provide stakeholders with information concerning instances of non-compliance and to identify areas for improvement. Specifically, records of each stakeholder will be periodically reviewed by the CBSA, with a special focus on areas such as errors (e.g. incomplete, inaccurate or missing data) in the data elements they transmitted (e.g. shipper’s name and address, consignee’s name and address, description of goods, tractor’s plate) and submission outside prescribed time frames. The Performance Report Card will present non-compliance rates (percentage of errors and percentage of late submissions) for different areas of interest and would indicate whether there have been improvements from the last review. It is expected that the Performance Report Card will be utilized by stakeholders to adopt any procedural or systems changes required to ensure greater compliance with eManifest requirements. Monitoring of compliance will be ongoing, with the CBSA to follow up on identified non-compliance issues. Persistent non-compliance may be subject to additional measures (such as penalties) to ensure that the right information is provided at the right time, allowing accurate risk assessment and enabling the free flow of legitimate goods.

Performance measurement and evaluation

The CBSA is in the process of developing a performance measurement framework (PMF) for the eManifest initiative, which will serve as an objective basis for collecting information related to the intended results of the initiative. For the PMF, expected results to be achieved and specific outputs to be produced by the eManifest initiative will be set out and related performance indicators, information sources, frequency of information availability and performance targets will be identified. Based on the PMF, the necessary performance measurement infrastructure will be put in place to collect relevant data on an ongoing basis. This data will be used to regularly assess the initiative’s performance in terms of efficiency in management, effectiveness in achieving results, satisfaction of stakeholders and relevance to the CBSA and the Government of Canada priorities.

The CBSA will initiate work to identify relevant operational/output and outcome indicators, and examine existing data sources in order to identify data gaps and develop new data sources, if necessary. Data for the output and outcome indicators, where available, will be collected regularly to establish a baseline and measure the performance for future years by the incremental change from the baseline. The operational/output indicators will be reviewed on an ongoing basis as part of managing eManifest and the outcomes indicators will be presented annually to determine whether the eManifest initiative is on track with respect to the intended results.

Furthermore, the CBSA Program Evaluation Division will conduct an evaluation of the eManifest initiative to measure the extent to which the objectives set out for the initiative are met and the degree to which its impacts are still aligned with public needs and interests.

An evaluation was already carried out in 2011 to meet a Treasury Board of Canada Secretariat commitment for an evaluation in year three or four of the initiative. The evaluation focused on significant activities and operational components undertaken in the early stages of implementation.

Multiple lines of evidence were incorporated into the evaluation, including a document and literature review, an analysis of operational and financial information, telephone surveys of highway carriers and third-party service providers, and interviews with internal and external stakeholders.

The final report of the evaluation study is available at the following CBSA Web site: http://cbsa-asfc.gc.ca/agency-agence/reports-rapports/ae-ve/2012/emi-ime-eng.html.

Another evaluation of the eManifest initiative will be scheduled following the implementation of Phase 3 in 2015–2016. The evaluation will examine the two main issues of relevance and performance in accordance with the Treasury Board of Canada Secretariat Policy on Evaluation.

Contact

Jason Proceviat
Director
Canada Border Services Agency
Commercial Transformation Division
355 North River Road, Tower B, 5th Floor
Ottawa, Ontario
K1A 0L8
Telephone: 343-291-5090
Email: Jason.Proceviat@cbsa-asfc.gc.ca

Annex 1

General formulas

Denote
Compliance costs
  • System upgrades/changes
 by C1U for upfront cost and
C1O for ongoing cost
  • System upgrades/changes (maintenance)
 by C2
  • Waiting time to satisfy pre-notification requirement
 by C3
  • Cost of electronic data transmission
 by C4
Administrative costs
  • Application
 by A1
  • Cost of electronic data preparation
 by A2
  • Learning/training
 by A3
Benefits
  • Reduction in the use of paper and ink
 by B1
  • Elimination of paper preparation
 by B2
  • Elimination of application and maintenance of break-bulk exemption status
 by B3
  • Waiting time saved at the land border due to shorter processing time
 by B4

Given the classification of the monetized costs and benefits as outlined in the “Cost and benefit categories” table in the “General approach to calculation of monetized costs and benefits” section, for each type of affected stakeholders and each regulatory requirement, the present value of the total cost that is calculated in the cost-benefit analysis is based on the formula (1):

Formula - Detailed information can be found in the surrounding text. / Équation - Des renseignements complémentaires se trouvent dans les paragraphes adjacents.where

Rows 1 and 2 = Total compliance cost
Row 3 = Total administrative cost
Formula - Detailed information can be found in the surrounding text. = Estimated unit compliance cost for category C* that is applicable to the stakeholder type and the regulatory requirement in year y
Formula - Detailed information can be found in the surrounding text. = Estimated unit administrative cost for category A* that is applicable to the stakeholder type and the regulatory requirement in year y
Formula - Detailed information can be found in the surrounding text. = Estimated unit benefit (cost offset) for category B* that is applicable to the stakeholder type and the regulatory requirement in year y
Formula - Detailed information can be found in the surrounding text. = Estimated number of affected firms/transactions/truck trips for cost/benefit category * that is applicable to the stakeholder type and the regulatory requirement in year y
Formula - Detailed information can be found in the surrounding text. = Indicator variable which takes on value 1 if cost/benefit category * is applicable to the stakeholder type and the regulatory requirement and 0 otherwise
Formula - Detailed information can be found in the surrounding text. = Year that the regulatory requirement becomes effective
Formula - Detailed information can be found in the surrounding text. = Base year of the present value
Formula - Detailed information can be found in the surrounding text. = The tenth year after the full implementation of eManifest
Formula - Detailed information can be found in the surrounding text. = Discount rate

For the benefit of eliminating break-bulk exemption in the marine mode, the present value calculation is based on the following formula (2):

Formula - Detailed information can be found in the surrounding text.where

Formula - Detailed information can be found in the surrounding text. = Estimated per firm savings from not being required to maintain its break-bulk exemption status in year y
Formula - Detailed information can be found in the surrounding text. = Estimated number of marine carriers maintaining the break-bulk exemption in year y
Formula - Detailed information can be found in the surrounding text. = Indicator variable which takes on value 1 if cost savings from not being requirement to maintain the break-bulk exemption status is applicable to the stakeholder type and 0 otherwise
Formula - Detailed information can be found in the surrounding text. = Year that break-bulk exemption requirement is eliminated
Formula - Detailed information can be found in the surrounding text. = Base year of the present value
Formula - Detailed information can be found in the surrounding text. = The tenth year after the full implementation of eManifest
Formula - Detailed information can be found in the surrounding text. = Discount rate

For the benefit of reduced delay at the border in each of the rail and highway modes, the present value calculation is based on the following formula (3):

Formula - Detailed information can be found in the surrounding text.where

Formula - Detailed information can be found in the surrounding text. = Estimated per rail/truck trip cost savings due to shorter processing time at the land border in year y
Formula - Detailed information can be found in the surrounding text. = Estimated number of rail/truck trips benefited from the shorter processing time at the border in year y
Formula - Detailed information can be found in the surrounding text. = Indicator variable which takes on value 1 if cost savings due to shorter processing time at the land border is applicable to the stakeholder type and 0 otherwise
Formula - Detailed information can be found in the surrounding text. = Year that the regulatory requirement becomes effective
Formula - Detailed information can be found in the surrounding text. = Base year of the present value
Formula - Detailed information can be found in the surrounding text. = The tenth year after the full implementation of eManifest
Formula - Detailed information can be found in the surrounding text. = Discount rate

To reach the total benefit for each applicable stakeholder type as presented in the cost-benefit statement in this document, the benefits for the stakeholder type are summed over all applicable regulatory requirements.

Regarding the costs and benefits to the CBSA, the estimates of benefits to the CBSA are taken from various CBSA internal exercises that have projected net savings in staffing and operations and maintenance in the coming years due to different ongoing CBSA initiatives.

Annex 2

Monetizing costs and benefits

The unit costs incurred by the requirements in the regulatory amendments can broadly be classified into two categories: (1) equipment and service purchase costs; and (2) time costs. For time costs, it can be further classified into (a) labour time costs, and (b) costs of delays due to the one-hour pre-notification requirements in the highway mode.

In this analysis, valuation of equipment and service costs for the cargo and conveyance data requirements in the highway mode is mainly based on price quotes from industry experts. For other modes or other requirements, the results are extrapolated from highway estimates based on the relative sizes of the volumes of transactions between modes.

To calculate labour time costs, estimates of labour time required for preparing cargo and conveyance data in the highway mode are adapted from existing studies. Due to lack of data, for labour times in other modes or for other data requirements, estimates for the highway mode are extrapolated to other modes based on the relative data size for each data transmission. Given the labour times and the fact that the tasks that would be imposed are clerical in nature, valuation of labour time costs is based mainly on Statistics Canada’s figure for the average hourly salary of a clerk in Canada.

To calculate the delay costs due to one-hour pre-notification requirements, estimates of the length of delays are adapted from existing studies. Given the length of delays, valuation of delay costs is based on the value of truck delays adapted from existing studies. This cost affects both the driver’s time and truck in transit.

In this analysis, two categories of benefits will be monetized: (1) paper and ink savings; and (2) time savings. For time savings, it can be further classified into (a) labour time savings due to elimination of paper, and (b) savings from reduced delays at the border to pre-arrival cargo and conveyance data in the highway mode (and for package 2, in-transit data in the rail and highway modes).

To calculate paper and ink savings, the number of copies typically needed for a paper submission is estimated and the print cost per page is quoted.

To calculate labour time savings due to elimination of paper, labour times for filling out paper documents have to be estimated. Based on existing studies on the U.S. Truck e-Manifest, we adapted the estimates that compare the labour time savings by switching from paper to electronic preparation. These results are extrapolated to other modes and other data requirements. Given the labour times and the tasks that would be reduced are clerical in nature, valuation of labour time savings is based mainly Statistics Canada’s figure on the average hourly salary of a clerk in Canada.

To calculate savings from reduced delays at the border due to pre-arrival electronic cargo and conveyance data requirements in the highway mode, estimates of the time saved at the border are adapted from existing studies. Given the time saved at the border, valuation of time savings is based on the value of truck delay.

Assumptions used in cost-benefit analysis

Related to all calculations

A1.1 The annual discount rate for calculating present values is assumed to be 7%, which is the recommended discount rate by the Treasury Board of Canada Secretariat. The costs and benefits are discounted on an annual basis to year 2015 and the prices are in 2012 constant dollars.

A1.2 The time horizon of the analysis is from 2015, the year that regulations in Package 1 Phase 1 become effective, to 2025, 10 years after the year that regulations in Package 2 Phase 3 become effective. This satisfies the Treasury Board of Canada Secretariat’s requirement that the time horizon should cover at least 10 years after the regulations come into force.

A1.3 For the coming into force year of Package 1, costs and benefits are calculated on pro-rata basis.

A1.4 Since the number of affected businesses submitting customs documents to the CBSA has been declining from 2007 to 2011, to simplify calculations without underestimating the costs, it is assumed that there is no growth in the numbers of affected businesses over the study period.

A1.5 For each transaction type, the volumes during the study period are approximated by the number of submissions for its paper equivalent (or related transmissions) in 2011, which is then extrapolated to future years by assuming a constant growth rate equal to the annualized growth rate of the total volume (both domestic and foreign) of that type of transaction from 2007 to 2011.

A1.6 There is no reliable source for the number of truck trips in the highway mode for recent years except 2009. For the purposes of this analysis, the ratio of the number of shipments to the number of truck trips is assumed to be 1.526 and constant over the study period.

A1.7 Small businesses in this analysis are businesses with fewer than 100 employees. The number of small businesses for each client type is the difference between the overall number of businesses impacted and the number of medium/large businesses impacted for that client type. To determine the number of medium/large businesses for a client type, the following assumptions are made:

A1.8 It is assumed that data preparation is carried out by a clerk as most tasks are clerical in nature. The average hourly pay rate (including overhead) for a clerk in Canada is approximately $25.30 in 2012.

A1.9 The cost (or cost avoided) of a truck being delayed at the border is the revenue that the driver and the truck could bring in under alternative use during the delay. $77.54 per hour is the value of truck delay assumed by other studies on eManifest. It includes costs that affect the driver’s time and the truck in transit.

Related to cost calculations

A2.1 It is assumed that paper preparation time be 1.5 times of electronic data preparation time by firms using third-party connectivity service. For businesses using direct connection EDI system, the processing time is half the paper processing time. For businesses using the eManifest portal, the electronic data preparation time is the same as paper.

A2.2 Different types of filing have different data sizes. Data preparation times and transmission costs are proportional to the data sizes of the filings. Double the data size would double the data preparation times and the transmission cost.

A2.3 It is assumed that the choice of data transmission method by a business depends on its volume of transactions. Based on the estimated costs of utilizing a direct EDI system, a third-party service and the CBSA portal, the thresholds in terms of the numbers of transactions are determined for each alternative. The number of businesses adopting each alternative is then determined based on their estimated number of transactions.

A2.4 A full direct connection EDI system to satisfy the advance cargo and conveyance requirements for carriers in the highway mode is assumed to cost $25,000 and the yearly IT maintenance cost is assumed to be approximately 36% of the full system cost, i.e. $9,000. These costs are extrapolated to other modes based on volumes of cargo and conveyance transmissions for those modes. As for third-party service, it is assumed that the yearly setup fee is $750 and this is cost is the same for all modes and all data requirements.

A2.5 It is assumed that in general, if a business already has a full system in place, the cost of enhancing the system to satisfy new data requirements is equal to one year of maintenance cost, and that there is no further ongoing maintenance cost.

A2.6 It is assumed that the cost of engaging the service of a third-party service provider to transmit data is $1/KB, and that this cost is the same for all modes and data requirements.

A2.7 Based on similar studies, it is assumed that in general for each new policy requirement, one hour of procedural and software training is required at clerical level for 50% of employees; if no system upgrades or changes are required, only 0.5 hour of procedural training is required. Based on Statistics Canada’s figures, the average number of employees is assumed to be 3.1 in a small business and 264.1 in a medium/large business.

Related to benefit calculations

A3.1 It is assumed that by switching from paper to electronic processing, labour time for data preparation would be cut by half, if direct connection EDI system is used, by one-third, if a third-party connectivity service is used and no savings, if eManifest portal is used.

A3.2 It is assumed that for cargo and conveyance data and house bill requirements (as well as for Package 2), their paper equivalents each consist of a one-page paper form with five copies per submission.

A3.3 The printing cost of a page of form is assumed to be $0.05, which is with reference to the price quotes collected online from different business printing companies.

Differences in assumptions between the cost-benefit analysis and the “One-for-One” Rule

Differences in assumptions between the cost-benefit analysis and the small business lens