Whereas the annexed Presentation of Persons (2003) Regulations give effect, in part, to a public announcement made on December 3, 2001;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 11 a, subsection 11.1(3) b and paragraphs 164(1)(b) c, (i) d and (j) and 167.1(b) e of the Customs Act f, hereby makes the annexed Presentation of Persons (2003) Regulations. S.C. 2001, c. 25, s. 10 S.C. 2001, c. 25, s. 11 S.C. 2001, c. 25, s. 85(1) S.C. 1992, c. 28, s. 30(1) S.C. 1992, c. 28, s. 31(1) R.S., c. 1, (2nd Supp.)
Interpretation
The following definitions apply in these Regulations.
Act means the Customs Act. (Loi)
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 means a person to whom the Minister has issued an authorization. (personne autorisée)
commercial driver means a person who operates a commercial highway conveyance. (routier)
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 means a conveyance designed for hauling freight on highways. (moyen de transport routier commercial)
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 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 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 holding area means a room or other area that has been designated by the President for use by the following persons and that is physically separated from other rooms or areas so as to prevent those persons from exchanging goods with passengers or crew members who are not arriving in or leaving Canada:
persons arriving in Canada who are in transit to another place in Canada and who will be required to present themselves at a designated customs office at that place in accordance with these Regulations;
persons arriving in Canada who are in transit to a place outside Canada; and
persons who are leaving Canada. (zone d’attente désignée)
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 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 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 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 means a permanent resident within the meaning of the Immigration and Refugee Protection Act. (résident permanent du Canada)
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)
sterile transit area has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (espace de transit isolé)
Exceptions
Exceptions to Presentation under Subsection 11(1) of the Act
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.
The following persons, in the following circumstances and conditions, are not required to present themselves in accordance with subsection 11(1) of the Act:
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;
persons who arrive in Canada aboard a commercial passenger conveyance, who transfer under customs control from a sterile transit area or designated holding area to a commercial passenger conveyance and who
if they are in transit to a place outside Canada, do not leave the sterile transit area or designated holding area except to board the conveyance, or
if they are in transit to another place in Canada at which there is a designated customs office, on arrival at that place 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;
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;
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
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.
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
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:
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 sterile transit area or designated holding area are taken aboard the conveyance while it is in Canada;
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
only passengers or goods that have come from a sterile transit area or designated holding area are taken aboard the conveyance while it is in Canada, and
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;
passengers and crew who transfer under customs control from a sterile transit area or designated holding area to a commercial passenger conveyance and who
if they are in transit to a place outside Canada, comply with subparagraph 2(2)(b)(i), or
if they are in transit to another place in Canada at which there is a designated customs office, comply with subparagraph 2(2)(b)(ii); and
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
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
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.
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
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
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
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.
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.
If required by an officer, the person in charge of a non- commercial passenger conveyance shall
provide any information relating to the other persons aboard the non-commercial passenger conveyance; and
notify an officer of the arrival of the conveyance in Canada.
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.
Presentation in Alternative Manners
Authorizations
The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(a) if the person
is
a citizen or permanent resident of Canada,
a citizen or permanent resident of the United States, or
a citizen of another country and the following conditions are met:
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
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;
is of good character;
is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations;
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;
has provided true, accurate and complete information in respect of their application for the authorization; and
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:
Canada or the United States,
if the person is serving as a member of the American armed forces in a foreign country, that foreign country,
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
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.
Paragraph (1)(f) does not apply to
a citizen of Canada or the United States;
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
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:
Canada and was adopted outside Canada by a citizen or permanent resident of Canada or born outside Canada to a citizen of Canada, or
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.
is
a citizen or permanent resident of Canada, or
a citizen or permanent resident of the United States;
[Repealed]
is of good character;
is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations;
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;
has provided true, accurate and complete information in respect of their application for the authorization; and
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:
Canada or the United States,
if the person is serving as a member of the Canadian or American armed forces in a foreign country, that foreign country,
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,
if the person is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country, or
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.
[Repealed]
provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them.
[Repealed]
The Minister may issue an authorization that is recognized in both Canada and the United States to a commercial driver who operates or will be aboard a commercial highway conveyance to present themself at a land border crossing in an alternative manner described in subparagraph 11(d)(iii) at a designated customs office if the commercial driver
has their eligibility to obtain a dedicated commuter lane authorization from the United States Department of Homeland Security confirmed by that Department;
provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them;
is 18 years of age or older; and
holds a valid driver’s licence.
The Minister may issue an authorization to a commercial driver who operates or will be aboard a commercial highway conveyance to present themself at a land border crossing in an alternative manner described in subparagraph 11(d)(i) if the commercial driver
is 18 years of age or older; and
holds a valid driver’s licence.
The Minister may require the following biometric data from the following persons for the following purposes:
in the case of a person who applies for an authorization, a photograph of themself for the purposes of identifying them and authenticating the use of their authorization at any border crossing; and
in the case of a person who applies for an authorization to present themself in an alternative manner described in paragraph 11(a), the image of their irises for the purposes of identifying them and authenticating the use of their authorization at a commercial airport.
[Repealed]
Applications for Authorizations
An application for the issuance, renewal or amendment of an authorization shall be made to the Minister in the prescribed form and manner and include the applicable fee set out in section 24.
with respect to whom they are a parent, if every other parent and every other person who has custody or tutorship of the child under a court order consents to the application; or
with respect to whom they have custody or tutorship under a court order, if every parent and every other person who has custody or tutorship of the child under a court order consents to the application.
A person may apply for an authorization under section 5, 6 or 6.1 on behalf of a person who is 18 years of age or more who has a mental or physical disability if the person who has the disability consents to the application or, if the person has been declared incompetent, a person who is legally authorized to act on the person’s behalf consents to the application.
A person who is not an individual may apply for an authorization on behalf of an employee, contractor, consultant or other business associate of that person if the person conducts business in Canada or the United States and uses corporate aircraft to carry passengers into Canada for purposes related to its business.
A person in charge of a corporate aircraft may apply by telephone to an officer at a designated customs office for the issuance of an authorization on behalf of an individual who is or is expected to be aboard a corporate aircraft that is to arrive in Canada.
An application under subsection (1) shall include, if available, the individual’s name, date of birth, citizenship and place of residence.
The Minister may issue an authorization to an individual described in subsection (1) if all of the following conditions are met:
the individual is an employee, contractor, consultant or other business associate of the corporation that is using the aircraft and is travelling for purposes related to the business of the corporation;
the person in charge of the corporate aircraft has not applied on behalf of more than four individuals;
the person in charge of a corporate aircraft confirms to the Minister that the individual on whose behalf the application is made is aboard the aircraft and provided, at that time, the information described in subsection (2) if it had not been given previously; and
the individual is accompanied on the corporate aircraft by another person who is authorized to present themself by means of the person in charge of the corporate aircraft.
No authorization may be issued after an aircraft has arrived in Canada.
The Minister shall issue an authorization in writing to every person who has been authorized, other than an individual who receives an authorization under section 8.
[Repealed]
An authorization issued under section 8 may be used only once by the individual who is authorized to present themself by means of the person in charge of the corporate aircraft.
An authorization referred to in section 6.21 expires four years after the date of its issuance.
Alternative Manners of Presentation
Persons may present themselves in one of the following alternative manners if they have been authorized to do so:
on arrival in Canada aboard a commercial aircraft at a commercial airport that is a designated customs office, by means of an electronic device;
on arrival in Canada aboard a private aircraft at a public airport that is a designated customs office, by means of the person in charge of the aircraft if that person presents themself and those persons aboard by telephone to an officer at a designated customs office and all persons aboard the aircraft are authorized to present themselves in that manner;
on arrival in Canada aboard a corporate aircraft at a public airport that is a designated customs office, by means of the person in charge of the aircraft, if that person presents themself and those persons aboard by telephone to an officer at a designated customs office and all persons aboard the aircraft are authorized to present themselves in that manner;
on arrival in Canada at a land border crossing,
if they are commercial drivers who are operating or aboard a commercial highway conveyance, by means of an electronic device at a designated customs office,
if they are operating or aboard a conveyance, by means of an electronic device at a designated customs office if every person aboard the conveyance is authorized to present themself in that manner, or
if they are commercial drivers who are operating or aboard a commercial highway conveyance, by means of an electronic device at a designated customs office if every person aboard the conveyance is authorized to present themself in that manner; and
on arrival in Canada aboard a marine pleasure craft, by means of the person in charge of the marine pleasure craft if that person presents themself and those persons aboard by telephone to an officer at a designated customs office and all persons aboard the marine pleasure craft are authorized to present themselves in that manner.
Every authorized person, other than a person whose authorization was issued under section 8, shall carry their authorization on their person when presenting themself in an alternate manner, and shall show it to an officer if so requested.
No authorized person shall
transfer or assign their authorization;
permit another person to use their authorization;
use or attempt to use their authorization if it is expired, suspended or cancelled; or
use or attempt to use their authorization to present themself in a manner that is not authorized.
Every authorized person whose authorization is lost or stolen shall, without delay, inform the Minister of the loss or theft.
Advance Notification
The person in charge of a corporate aircraft or private aircraft that will arrive in Canada who intends to present themselves and all other authorized persons on board the aircraft in an alternative manner described in paragraph 11(b) or (c) is required under subsection 12.1(1) of the Act to give the Agency the aircraft’s scheduled time and place of arrival in Canada and, if it is different, the aircraft’s final place of destination in Canada and scheduled time of arrival at that destination.
The person in charge of the aircraft 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 aircraft arrives in Canada.
If required by an officer, the person in charge of the corporate aircraft or private aircraft shall
provide any information relating to the other persons aboard the aircraft; and
notify an officer of the arrival of the aircraft in Canada.
[Repealed]
The person in charge of a marine pleasure craft that will arrive in Canada who intends to present themselves and all other authorized persons on board the marine pleasure craft in the alternative manner described in paragraph 11(e) is required under subsection 12.1(1) of the Act to give the Agency the marine pleasure craft’s scheduled time and place of arrival in Canada and, if it is different, the marine pleasure craft’s final place of destination in Canada and scheduled time of arrival at that destination.
The person in charge of the marine pleasure craft shall give the information by telephone to an officer at a designated customs office at least 30 minutes but no more than four hours before the marine pleasure craft arrives in Canada.
Any information required by an officer relating to any person aboard the marine pleasure craft shall also be provided at that time.
A person in charge of a conveyance who gives information in the circumstances set out in section 15 or 17 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.
Every authorized person who is aboard a corporate aircraft, a private aircraft or a marine pleasure craft, and who intends to present themself in an alternative manner, shall remain at the place of their arrival in Canada until
an earlier time if an officer authorizes them to leave the place of arrival.
Amendments to Authorizations
On application, the Minister may amend an authorization
to change the authorized person’s address;
to change the name of the authorized person;
to add or remove a conveyance to which the authorization applies; or
to change the authorized person’s citizenship.
Renewals
On application, the Minister may renew an authorization if
at the time of the application, the authorized person meets the requirements for the issuance of the authorization;
the application is made before the authorization has expired; and
the applicable fee set out in section 24 is paid.
Suspensions and Cancellations of Authorizations
The Minister may suspend or cancel an authorization if the person
no longer meets the requirements for the issuance of the authorization;
has contravened the Act, the Customs Tariff, the Export and Import Permits Act or the Special Import Measures Act, or any regulations made under any of those Acts; or
has provided information that was not true, accurate or complete for the purposes of obtaining an authorization.
[Repealed]
Immediately after cancelling or suspending an authorization of a person, the Minister shall send written notice of, and the reasons for, the cancellation or suspension to the person at their latest known address.
A person whose authorization is cancelled or suspended shall
on receiving a notice under subsection (3), immediately and in accordance with it, return to the Minister the written authorization and any other thing relevant to the authorization that is specified in the notice; or
on being advised of the suspension or cancellation in person by an officer, immediately return to the officer the written authorization and any other thing relevant to it that is specified by the officer.
The suspension or cancellation of an authorization becomes effective on the earlier of the day on which an officer advises in person of the suspension or cancellation and 15 days after the day on which notice of the suspension or cancellation is sent.
A person whose application for an authorization is rejected or whose authorization is suspended or cancelled may request a review of the decision by sending written notice of their request to the Minister within 30 days after the day on which the application was rejected or the cancellation or suspension becomes effective.
Fees
The fee for the issuance or renewal of an authorization referred to in section 6.1 is US$120.
The fee for the issuance or renewal of an authorization referred to in section 6.2 is US$50.
The fee for the issuance or renewal of any other authorization is $25 per year.
A child who is under 18 years of age on the day on which they make their application for an authorization is not required to pay a fee under this section if
the application is for an authorization referred to in section 6.1 and any parent of the child, or any other person who has custody or tutorship of the child under a court order, holds or is applying for an authorization referred to in that section; or
the application is for an authorization other than one referred to in section 6.1.
There is no fee for the issuance or renewal of an authorization referred to in section 6.21.
Presentation of Persons (Customs) Regulations
[Amendment]
[Repeal]
Coming into Force
Subject to subsection (2), these Regulations come into force on the day on which they are registered.