Preclearance in Canada Regulations (SOR/2019-183)

Marginal note:Access clearance — revocation

• 2.1 (1) The Minister may revoke an access clearance if the Minister determines that the holder

  • (a) may pose a risk to border security and integrity; or

  • (b) is ineligible under any of paragraphs 2.01(b), (d) and (e).

• Marginal note:Notice — intention

  (2) If the Minister intends to revoke an access clearance, the Minister must, notify the holder in writing.

• Marginal note:Written representations

  (3) The notice must set out the reasons for the revocation and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent.

• Marginal note:Consideration

  (4) The Minister must not revoke an access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first.

• Marginal note:Notice — revocation

  (5) The Minister must notify the holder in writing of the decision.

Marginal note:Verifications

2.11 In making decisions under these Regulations, the Minister may conduct verifications, including verifying

• (a) the applicant’s judicial record;

• (b) information held by Canadian and foreign law enforcement agencies, border services agencies, intelligence services or the Department of Transport;

• (c) if the applicant was born outside Canada, their immigration and citizenship status.

Marginal note:Notice to operator

2.12 The Minister must immediately notify the relevant operator of a decision that suspends or revokes an access clearance or that reinstates that clearance.

Marginal note:New application

2.13 If the Minister revokes or refuses to grant an access clearance, an applicant may submit a new application only if

• a) a period of five years has passed since the day on which the access clearance was revoked or refused; or

• b) a significant change in circumstances or a new fact is discovered that could have warranted a different decision.

Marginal note:Non-disclosure

2.14 The reasons included in the decisions provided to the applicant or holder under these Regulations must not contain any information whose disclosure could be injurious to Canada’s national security, to ongoing or prospective law enforcement or intelligence operations or investigations, or that might reveal sensitive means and methods related to such operations, investigations, or the collection of intelligence.

Access Control in Preclearance Areas

Marginal note:Issue

• 2.15 (1) On receiving a notice from the Minister that a person has been granted access clearance, an operator may issue an access pass to that person.

• Marginal note:Confirmation of identity

  (2) Before issuing an access pass, the operator must confirm the identity of the person by means of a valid photo-bearing identification issued by the Government of Canada, the government of any province, territory or municipality in Canada or a valid passport.

• Marginal note:Access pass — content

  (3) An access pass must display

  • (a) the complete name of the facility;

  • (b) the full name of the holder of the access pass;

  • (c) a photo of the holder of the access pass;

  • (d) a unique number;

  • (e) an expiry date that does not exceed the expiry date of the access clearance of the holder; and

  • (f) a visual indicator that distinguishes an access pass from any other pass used in the facility.

Marginal note:Obligations of holder

• 2.16 (1) A holder of an access pass must only use it to perform the functions of their employment and must, when doing so, display it in such a way that their photo is visible at all times.

• Marginal note:Loss or theft

  (2) A holder of an access pass must notify the operator immediately of the loss or theft of their access pass.

• Marginal note:Return of access pass — holder

  (3) A holder of an access pass must return their pass to the operator when they no longer require access to the preclearance area.

Marginal note:Return of access pass — anyone

2.17 Any person who possesses an access pass must, if requested by the operator, a law enforcement agent, a border services officer or the Minister, return the pass to the requester.

Marginal note:Prohibition

2.18 It is prohibited to

• (a) loan or give an access pass to a person who is not the holder of that pass;

• (b) have or use an access pass that is issued to another person;

• (c) provide another person with access to or assistance in entering a preclearance area, unless that person is expressly authorized to do so;

• (d) alter or tamper with an access pass;

• (e) make or reproduce an access pass; and

• (f) use a counterfeit access pass.

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 for disposal to a peace officer or a person who is authorized to enforce a relevant Act of Parliament:

  • (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 a relevant Act of Parliament.

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 a relevant 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.]