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Conveyance Presentation and Reporting Requirements Modernization Act (S.C. 2017, c. 11)

Assented to 2017-06-19

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Conveyance Presentation and Reporting Requirements Modernization Act

S.C. 2017, c. 11

Assented to 2017-06-19

An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements)

SUMMARY

This enactment amends the Customs Act to exempt certain persons from the requirement to present themselves to a customs officer if

  • (a) they enter Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance directly from outside Canada and then leave Canada on board the conveyance, as long as they did not land in Canada and the conveyance did not stop while in Canadian waters, including inland waters, or did not land while in Canada; or

  • (b) they leave Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance and then re-enter Canada on board the conveyance, as long as they did not land outside Canada and the conveyance did not stop or land while outside Canada,

unless the officer requires them to comply with subsections 11(1) and (3) of that Act.

It also exempts the goods imported on board such a conveyance from the requirement to be reported at a customs office unless an officer otherwise requires. Further, it adds a regulation-making authority for defining the expression “make contact with a conveyance”.

Finally, this enactment amends the Immigration and Refugee Protection Act by adding regulation-making authorities, including one for the exemption of certain persons or categories of persons from the requirement to appear for an examination to determine their right to enter or remain in Canada. It also allows an officer to require these persons or categories of persons to appear for such an examination despite that exemption.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

Marginal note:Short title

1 This Act may be cited as the Conveyance Presentation and Reporting Requirements Modernization Act.

R.S., c. 1 (2nd Supp.)Customs Act

2 Subsection 11(5) of the Customs Act is replaced by the following:

  • Marginal note:Entry and departure

    (5) Subject to the regulations, subsections (1) and (3) do not apply to any of the following persons, unless an officer requires them to comply with those subsections:

    • (a) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance directly from outside Canada and then leaves Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and

      • (i) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

      • (ii) in the case of an aircraft, the conveyance did not land while in Canada; and

    • (b) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance and then re-enters Canada on board the conveyance, as long as the person was continuously on board that conveyance while outside Canada and

      • (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

      • (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

3 Subsection 12(5) of the Act is replaced by the following:

  • Marginal note:Exception — entry and departure

    (5) Subject to the regulations, unless an officer otherwise requires, this section does not apply in respect of goods on board a conveyance

    • (a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as

      • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

      • (ii) in the case of an aircraft, the conveyance did not land while in Canada; or

    • (b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as

      • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

      • (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

4 The Act is amended by adding the following after section 12:

Marginal note:Regulations

12.01 The Governor in Council may make regulations for the purposes of sections 11 and 12, including regulations

  • (a) prescribing the circumstances under which persons, goods or classes thereof on board a conveyance, or classes thereof, are required to present themselves or to be reported, as the case may be, despite subsection 11(5) or 12(5); or

  • (b) defining the expression “make contact with another conveyance” for the purposes of subsections 11(5) and 12(5) and prescribing the circumstances under which a conveyance or a class thereof makes contact with another conveyance.

2001, c. 27Immigration and Refugee Protection Act

  • 5 (1) Subsection 18(1) of the Immigration and Refugee Protection Act is replaced by the following:

    Marginal note:Examination by officer

    • 18 (1) Subject to the regulations, every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.

  • (2) Section 18 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Powers of officer

      (3) Even though a person seeking to enter Canada is not, in accordance with regulations made under subsection 26(2), required to appear for an examination, an officer may require the person to do so.

6 Section 26 of the Act is renumbered as subsection 26(1) and is amended by adding the following:

  • Marginal note:Exemptions

    (2) The regulations may exempt persons or categories of persons from the application of section 18 and prescribe the conditions under which the exemption applies.

Coordinating Amendment

7 If Bill C-21, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Customs Act, receives royal assent, then, on the first day on which both section 3 of that Act and section 4 of this Act are in force, subsections 95(1) to (2) of the Customs Act are replaced by the following:

Marginal note:Report

  • 95 (1) Subject to subsection (1.1) and regulations made under paragraph (2)(a), all goods that are exported shall be reported at any prescribed time and place and in any prescribed manner.

  • Marginal note:Exception — entering or leaving temporarily

    (1.1) Subject to regulations made under paragraphs (2)(c) and (d), subsection (1) does not apply in respect of goods on board a conveyance

    • (a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as

      • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

      • (ii) in the case of an aircraft, the conveyance did not land while in Canada; or

    • (b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as

      • (i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

      • (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

  • Marginal note:Powers of officer

    (1.2) However, an officer may require that goods that are exempted under subsection (1.1) or regulations made under paragraph (2)(a) be reported under subsection (1).

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) prescribing the classes of goods that are exempted from the requirements of subsection (1) and the circumstances in which any of those classes of goods are not so exempted;

    • (b) prescribing the classes of persons who are required to report goods under subsection (1) and the circumstances in which they are so required;

    • (c) prescribing the circumstances in which goods, or classes of goods, on board a conveyance, or a class of conveyances, are required to be reported despite subsection (1.1); and

    • (d) defining the expression “make contact with another conveyance” for the purposes of subsection (1.1) and prescribing the circumstances in which a conveyance or class of conveyances makes contact with another conveyance.

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