Presentation of Persons (2003) Regulations (SOR/2003-323)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Customs Act. (Loi )

authorization

authorization means an authorization, issued by the Minister under section 11.1 of the Act, for a person to present themself in an alternative manner. (autorisation)

authorized person

authorized person means a person to whom the Minister has issued an authorization. (personne autorisée)

commercial driver

commercial driver means a person who operates a commercial highway conveyance. (routier)

commercial goods

commercial goods means goods imported into Canada for sale or for any commercial, industrial, occupational, institutional or other like use. (marchandises commerciales)

commercial highway conveyance

commercial highway conveyance means a conveyance designed for hauling freight on highways. (moyen de transport routier commercial)

commercial passenger conveyance

commercial passenger conveyance means a conveyance that is used to carry passengers who have paid for passage. (moyen de transport commercial de passagers)

common-law partner

common-law partner means, in relation to a person, an individual who has cohabited with the person in a conjugal relationship for a period of at least one year. (conjoint de fait)

corporate aircraft

corporate aircraft means an aircraft that is used for purposes related to the business affairs of a person, that does not carry passengers who have paid for passage and that has aboard on its arrival in Canada no more than 15 persons, including the crew. (aéronef d’affaires)

designated customs office

designated customs office means a customs office designated under section 5 of the Act as a customs office where a person may present themself pursuant to section 11 of the Act, or in an alternative manner if the person is so authorized. (bureau de douane établi)

designated holding area

designated holding area means an area designated by the President for the use of persons arriving in Canada who are in transit to another place in Canada or to a place outside Canada. (zone d’attente désignée)

family member

family member means, in relation to a person who is serving as a member of the Canadian or American armed forces in a foreign country or at a Canadian or American diplomatic mission or consular post in a foreign country, a spouse, common-law partner or dependent who is identified as such in the document confirming the mission or post. (membre de la famille)

marine pleasure craft

marine pleasure craft means a vessel, however propelled, other than a seaplane or other similar conveyance, that is used exclusively for pleasure and that does not carry passengers who have paid for passage. (embarcation de plaisance)

non-commercial passenger conveyance

non-commercial passenger conveyance means a conveyance that does not carry passengers who have paid for passage, and includes corporate aircraft, private aircraft and marine pleasure craft. (moyen de transport non commercial de passagers)

parent

parent in respect of a child, means a parent who, by operation of law, by virtue of a written agreement or under a court order, has custody or parental authority over the child. (parent)

permanent resident of Canada

permanent resident of Canada means a permanent resident within the meaning of the Immigration and Refugee Protection Act. (résident permanent du Canada)

private aircraft

private aircraft means an aircraft other than a corporate aircraft that does not carry passengers who have paid for passage and that has aboard on its arrival in Canada no more than 15 persons, including the crew. (aéronef privé)

PART 1Exceptions

Exceptions to Presentation under Subsection 11(1) of the Act

Marginal note:Exception

• 2 (1) Persons who arrive in Canada aboard a commercial passenger conveyance, who do not disembark in Canada and who have as their destination a place outside Canada are not required to present themselves in accordance with subsection 11(1) of the Act.

• Marginal note:Circumstances and conditions

  (2) The following persons, in the following circumstances and conditions, are not required to present themselves in accordance with subsection 11(1) of the Act:

  • (a) persons who arrive in Canada aboard a commercial passenger conveyance if they do not disembark at the place of their arrival and have as their destination another place in Canada at which there is a designated customs office, and on arrival at their destination they present themselves without delay at that customs office or if the designated customs office is not open for business, at the nearest one that is open for business;

  • (b) persons who arrive in Canada aboard a commercial passenger conveyance if they are transferred under customs control from a designated holding area to another commercial passenger conveyance for departure

    • (i) to a place outside Canada and they do not leave the designated holding area except to board that other commercial passenger conveyance, or

    • (ii) to another place in Canada and at which there is a designated customs office, and on arrival at that place they present themselves without delay at that customs office or, if it is not open for business, at the nearest designated customs office that is open for business;

  • (c) persons arriving in Canada aboard a non-commercial passenger conveyance at a designated customs office where the person in charge of the conveyance may present themself and their passengers by radio or telephone, and the person informs an officer by radio or telephone of their arrival and, if required to do so by the officer, presents themself and their passengers at the time and place specified by the officer;

  • (d) any crew member arriving in Canada aboard a freight train at a designated customs office where presentation may be done by radio or telephone, and the crew member informs an officer by radio or telephone of their arrival and, if required to do so by the officer, presents themself at the time and place specified by the officer; and

  • (e) any person entering Canadian waters, including the inland waters, or the airspace over Canada in circumstances in which none of paragraphs (a) to (d) applies, and who has as their destination a place in Canada at which there is a designated customs office, and on arrival at their destination they present themself without delay at that office.

• Marginal note:Condition — answer questions truthfully

  (3) For greater certainty, every person who presents themself in accordance with any of paragraphs (2)(a) to (e) is required to answer truthfully any questions asked by an officer in the performance of the officer’s duties under the Act or any other Act of Parliament.

Exception to Subsection 11(3) of the Act

Marginal note:Commercial passenger conveyances

• 3 (1) The person in charge of a commercial passenger conveyance arriving in Canada is not required to ensure that the following persons, in the following circumstances and conditions, are forthwith on arrival transported to a customs office as required by subsection 11(3) of the Act:

  • (a) passengers and crew who do not disembark in Canada and who have as their destination a place outside Canada, if only passengers or goods that have come from a designated holding area are taken aboard the conveyance while it is in Canada;

  • (b) passengers and crew who do not disembark at the place of arrival in Canada and who have as their destination another place in Canada at which there is a designated customs office, if

    • (i) only passengers or goods that have come from a designated holding area are taken aboard the conveyance while it is in Canada, and

    • (ii) on arrival at their destination the passengers and crew present themselves without delay at that customs office or, if it is not open for business, at the nearest designated customs office that is open for business;

  • (c) passengers and crew who are transferred under customs control to another commercial passenger conveyance for departure

    • (i) to a place outside Canada and the passengers and crew comply with subparagraph 2(2)(b)(i); or

    • (ii) to another place in Canada at which there is a designated customs office, and the passengers and crew comply with subparagraph 2(2)(b)(ii); and

  • (d) passengers and crew who arrive at a designated customs office where persons may present themselves by radio or telephone, and the person in charge of the commercial passenger conveyance

    • (i) notifies an officer by radio or telephone of the arrival of the conveyance and advises the officer of the number and names of the passengers and crew who disembark at the place, and

    • (ii) if required to do so by an officer, ensures that the passengers and crew who disembark at the place are transported at the time and to the place specified by the officer for the purpose of presenting themselves and answering truthfully any questions asked by an officer in accordance with subsection 11(1) of the Act.

• Marginal note:Freight trains

  (2) On the arrival in Canada of a freight train, the person in charge of it is not required to ensure that the crew members aboard it are forthwith transported to a customs office as is required by subsection 11(3) of the Act if those crew members arrive at a designated customs office where persons may present themselves by radio or telephone, and the person in charge of the freight train

  • (a) notifies an officer by radio or telephone of the arrival of the train and advises the officer of the number and names of the crew members who disembark at the place; and

  • (b) if required to do so by an officer, ensures that the crew members who disembark at the place are transported at the time and to the place specified by the officer for the purpose of presenting themselves and answering truthfully any questions asked by an officer in accordance with subsection 11(1) of the Act.

Advance Notification

Marginal note: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.

• Marginal note: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.

• Marginal note:Information

  (2) If required by an officer, the person in charge of a non- commercial passenger conveyance shall

  • (a) provide any information relating to the other persons aboard the non-commercial passenger conveyance; and

  • (b) notify an officer of the arrival of the conveyance in Canada.

• Marginal note: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.

PART 2Presentation in Alternative Manners

Authorizations

Marginal note:CANPASS Air program

• 5 (1) The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(a) if the person

  • (a) is

    • (i) a citizen or permanent resident of Canada,

    • (ii) a citizen or permanent resident of the United States, or

    • (iii) a citizen of another country and the following conditions are met:

      • (A) the person is a member of a program in that country that allows for an alternative manner of presentation to facilitate or expedite entry into that country, and

      • (B) Canada has a reciprocal arrangement with that country, entered into under paragraph 13(2)(a) of the Canada Border Services Agency Act, in respect of the alternative manner of presentation;

  • (b) is of good character;

  • (c) is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations;

  • (d) provides their consent in writing to the use by the Minister of biometric data concerning the person for the purposes set out in section 6.3;

  • (e) has provided true, accurate and complete information in respect of their application for the authorization; and

  • (f) subject to subsection (2), has resided only in one or more of the following countries during the three-year period before the day on which the application was received and until the day on which the authorization is issued:

    • (i) Canada or the United States,

    • (ii) if the person is serving as a member of the American armed forces in a foreign country, that foreign country,

    • (iii) if the person is a family member of a person who is a member of the Canadian or American armed forces serving in a foreign country, that foreign country, or

    • (iv) if the person is a family member of a person who is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country.

• Marginal note:Exception

  (2) Paragraph (1)(f) does not apply to

  • (a) a citizen of Canada or the United States;

  • (b) a person who is not a citizen of Canada or the United States and who meets the conditions set out in subparagraph (1)(a)(iii); and

  • (c) a child who is under 18 years of age and is a permanent resident of the following country and on behalf of whom an application is made by a person who meets the requirement set out in that paragraph:

    • (i) Canada and was adopted outside Canada by a citizen or permanent resident of Canada or born outside Canada to a citizen of Canada, or

    • (ii) the United States and was adopted outside the United States by a citizen or permanent resident of the United States or born outside the United States to a citizen of the United States.

Marginal note:Other CANPASS programs

6 The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(b), (c) or (e) if the person

• (a) is

  • (i) a citizen or permanent resident of Canada, or

  • (ii) a citizen or permanent resident of the United States;

  • (iii) [Repealed, SOR/2005-385, s. 6]

• (b) is of good character;

• (c) is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations;

• (d) provides their consent in writing to the use by the Minister of biometric data concerning the person for the purposes set out in section 6.3;

• (e) has provided true, accurate and complete information in respect of their application for the authorization; and

• (f) has resided only in one or more of the following countries during the three-year period before the day on which the application was received and until the day on which the authorization is issued:

  • (i) Canada or the United States,

  • (ii) if the person is serving as a member of the Canadian or American armed forces in a foreign country, that foreign country,

  • (iii) if the person is a family member of a member of the Canadian or American armed forces serving in a foreign country, that foreign country,

  • (iv) if the person is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country, or

  • (v) if the person is a family member of a person who is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country.