Preclearance in Canada Regulations (SOR/2019-183)

Interpretation

Marginal note:Definition of Act

1 In these Regulations, Act means the Preclearance Act, 2016.

Preclearance Area

Marginal note:Authorized persons

• 2 (1) For the purposes of paragraph 17(d) of the Act, the following persons may enter a preclearance area:

  • (a) the holder of a pass — issued by or under the authority of the operator of a facility that entitles the holder to have access during a specified period to the preclearance area — who must enter the preclearance area in order to perform the functions of their employment;

  • (b) a person who is authorized by the preclearance officer to enter the preclearance area;

  • (c) a person who is authorized to administer or enforce Canadian law who must enter the preclearance area for that purpose; and

  • (d) a provider of emergency services who must enter the preclearance area in the performance of their duties.

• Marginal note:Notification and surveillance

  (2) For the purposes of paragraph 17(e) of the Act, the operator of a facility must

  • (a) in the case of a person that they have authorized to enter the preclearance area in order to perform urgent repair, notify a preclearance officer of that entry and ensure the constant surveillance of the person while they are in the area; and

  • (b) in the case of any other person that they have authorized to enter the preclearance area, give a preclearance officer reasonable notice of the entry and ensure the constant surveillance of the person while they are in the area.

Identification

Marginal note:Citizen under the age of 16

3 For the purposes of paragraph 18(1)(a) of the Act, a traveller bound for the United States by any mode of transportation other than air does not require identification that contains their photograph if they are a Canadian citizen under the age of 16.

Obligations in Preclearance Area

Marginal note:Obligations under subsection 18(3) of the Act

4 For the purposes of subsection 18(3) of the Act, a person must, if directed by a preclearance officer,

• (a) report to a preclearance officer, identify themselves and state their reason for being in a preclearance area; and

• (b) leave a preclearance area if they are not authorized to be there.

Obligations of the Operator of a Facility

Marginal note:Armed police officer

• 5 (1) The operator of a facility must, if preclearance officers are not permitted to be armed in a preclearance area or in a preclearance perimeter, ensure the continuous presence of at least one armed police officer in the facility during the hours in which preclearance activities are ongoing.

• Marginal note:Patrols and response

  (2) The operator of the facility must ensure that the armed police officer makes regular patrols within the preclearance areas and preclearance perimeters in which preclearance officers are not permitted to be armed and responds rapidly and in person to any emergency calls from, or alarms activated by, a preclearance officer.

Preclearance Consultative Group

Marginal note:Inform in writing

6 A traveller who elects under section 26.1 of the Act to inform the Canadian senior officials of the Preclearance Consultative Group of any situation referred to in sections 22, 23 and 24, subsection 31(2) and section 32 of the Act must do so in writing.

Seizure and Detention

Marginal note:Transfer of certain seized goods

• 7 (1) A preclearance officer must, as soon as feasible after seizing any of the following goods under subsection 34(1) or (3) of the Act, transfer them to a peace officer or a person who is authorized to enforce an Act of Parliament for disposal:

  • (a) goods that are subject to the public health, food inspection or plant and animal health laws of either Canada or the United States;

  • (b) goods that are, or contain, nuclear substances as defined in section 2 of the Nuclear Safety and Control Act; and

  • (c) goods that are dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992.

• Marginal note:Notice to traveller

  (2) The preclearance officer must immediately give to the traveller a written notice advising them of the following:

  • (a) that the goods are seized under subsection 34(1) or (3) of the Act;

  • (b) the reasons for the seizure; and

  • (c) that the goods will be transferred for disposal as soon as feasible to a person who is authorized to administer or enforce Canadian law.

Marginal note:Notice to traveller — other seized goods

8 A preclearance officer who, under subsection 34(1) or (3) of the Act, seizes goods other than goods described in paragraphs 7(1)(a) to (c) of these Regulations must immediately give to the traveller a written notice advising them of the following:

• (a) that the goods are seized under subsection 34(1) or (3) of the Act;

• (b) the reasons for the seizure;

• (c) if applicable, the requirements under the laws of the United States that must be complied with before the goods may be imported into the United States; and

• (d) if applicable, the steps that must be taken in order to avoid forfeiture of the goods to the Government of the United States.

Marginal note:Transfer of detained goods

9 A preclearance officer must, as soon as feasible after detaining, under subsection 34(2) of the Act, any of the goods described in paragraphs 7(1)(a) to (c) of these Regulations, transfer the goods to a peace officer or a person who is authorized to enforce an Act of Parliament.

Consequential Amendments, Repeals and Coming into Force

Consequential Amendments

Non-residents’ Temporary Importation of Baggage and Conveyances Regulations

10 [Amendments]

Immigration and Refugee Protection Regulations

11 [Amendments]

Definition of Settler for the Purpose of Tariff Item No. 9807.00.00 Regulations

12 [Amendments]

Canadian Aviation Security Regulations, 2012

13 [Amendments]

14 [Amendments]

Repeals

15 The following Regulations are repealed:

• (a) the Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act)Footnote ⁶;

  • Return to footnote ⁶SOR/2002-145

• (b) the Regulations Excluding Certain Things from the Definition of “Goods” under the Preclearance ActFootnote ⁷;

  • Return to footnote ⁷SOR/2002-146

• (c) the Passenger Information Regulations (Preclearance Act)Footnote ⁸; and

  • Return to footnote ⁸SOR/2002-147

• (d) the Regulations Designating Persons and Categories of Persons — Other Than Travellers Destined for the United States — Who May Enter a Preclearance AreaFootnote ⁹.

  • Return to footnote ⁹SOR/2002-148

Coming into Force

Marginal note:S.C. 2017, c. 27

Footnote ^*16 These Regulations come into force on the day on which the Preclearance Act, 2016, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force August 15, 2019.]