Orders In Council (CBSA Shipment Type)
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🔖 This article is part of the Shipment Release Types Guide |
An Orders in Council (OIC) Shipment is a Canadian Shipment Type used to report goods that qualify for special treatment under a specific Order in Council when clearing through the Canada Border Services Agency (CBSA) using an ACI eManifest.
An Order in Council is a legal instrument made by the Governor in Council under statutory authority. In the import context, certain OICs—most commonly remission orders—allow for the remission (relief) of duties and/or taxes, provided that all conditions of the applicable Order are met.
What an Order in Council Does (Import Context)
An Order in Council does not replace standard import reporting requirements. Instead, it provides special treatment—such as duty or tax remission—after CBSA confirms eligibility.
| Aspect | Explanation |
|---|---|
| Legal Authority | Issued by the Governor in Council |
| Purpose | Provides relief or special treatment under defined conditions |
| Common Use | Remission of duties/taxes |
| Eligibility | Must strictly meet the Order’s criteria |
The specific Order in Council being relied upon must:
- Be in force at the time of import
- Apply to the goods in question
- Have all conditions fully satisfied
Common Example: Courier Imports Remission Order
One of the most common OICs used in the import process is the Courier Imports Remission Order (P.C. 1985-2955).
This Order:
- Provides remission of duties and taxes for qualifying courier shipments
- Applies only under specific value thresholds
- Excludes certain goods (e.g. alcohol, tobacco)
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💡 Only the specific remission order cited in the shipment documentation may be applied. CBSA will assess eligibility at the time of release or accounting. |
Declaring an Orders in Council Shipment in ACI eManifest
Orders in Council shipments must be reported electronically on an ACI eManifest.
To declare an Orders in Council shipment:
- Create an ACI Shipment
- Select Orders in Council as the shipment type (when using BorderConnect ACI eManifest software)
- Transmit the shipment as part of the ACI eManifest
Required ACI Shipment Information
Although an Orders in Council shipment is different from a PARS shipment, all standard ACI highway data elements are still required.
| Required Element | Notes |
|---|---|
| Cargo Control Number (CCN) | Unique CCN must be provided |
| Shipper | Party shipping the goods |
| Consignee | Importer or recipient in Canada |
| Commodity Description | Description of the goods |
Paper Cargo Control Documents (When Required)
In some scenarios, CBSA may require a paper cargo control document (CCD) even when ACI/eManifest data has been transmitted.
Acceptable paper options may include:
- Form A8A(B) (In-Bond Cargo Control Document), or
- A printed copy of the ACI/eManifest transmission containing all required data elements
If Form A8A(B) is used, carriers should include:
- Reference to the applicable Order in Council or remission order
- Any information directed by the CBSA port of entry
- The appropriate entry in the 'Acquittal No. field
Responsibilities and Compliance
| Party | Responsibility |
|---|---|
| Importer / Broker | Determine OIC eligibility and provide correct documentation |
| Carrier | Accurately transmit ACI data and present paperwork as instructed |
| CBSA | Verify eligibility and apply the Order in Council |
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⚠️ If the conditions of the applicable Order in Council are not met, the shipment may be assessed duties/taxes under standard import rules. |
Summary: Orders in Council at a Glance
| Topic | Key Point |
|---|---|
| Purpose | Apply special treatment under an Order in Council |
| Common Use | Remission of duties/taxes |
| ACI Required | Yes |
| Broker Involved | Typical |
| Paper CCD Sometimes Required | Yes (port-specific) |
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⚠️ To comply with ACI eManifest requirements, highway carriers must ensure that electronic cargo and conveyance data is transmitted and accepted by CBSA at least one (1) hour prior to arrival at the border. For mixed loads, any PARS shipments must also meet standard ACI timing requirements. |
References
- ↑ Privy Council Office – Orders in Council https://www.canada.ca/en/privy-council/services/orders-in-council.html
- ↑ CBSA Memorandum D8-2-16 — Courier Imports Remission https://www.cbsa-asfc.gc.ca/publications/dm-md/d8/d8-2-16-eng.html
- ↑ Justice Laws Website — Courier Imports Remission Order (SI/85-182) https://laws-lois.justice.gc.ca/eng/regulations/SI-85-182/FullText.html
- ↑ CBSA — ACI/eManifest Highway Electronic Commerce Client Requirements https://www.cbsa-asfc.gc.ca/prog/manif/eccrdhi-deccerout-eng.html
- ↑ CBSA Memorandum D3-4-2 — Highway pre-arrival and reporting requirements https://www.cbsa-asfc.gc.ca/publications/dm-md/d3/d3-4-2-eng.html
- ↑ CBSA Memorandum D3-1-1 — Policy respecting the importation and transportation of goods https://www.cbsa-asfc.gc.ca/publications/dm-md/d3/d3-1-1-eng.pdf
- ↑ CBSA Form A8A(B) — In Bond – Cargo Control Document https://www.cbsa-asfc.gc.ca/publications/forms-formulaires/a8a-b-eng.html