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Version of document from 2006-03-22 to 2006-06-22:

Presentation of Persons (2003) Regulations

SOR/2003-323

CUSTOMS ACT

Registration 2003-09-25

Presentation of Persons (2003) Regulations

P.C. 2003-1418 2003-09-25

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 11Footnote a, subsection 11.1(3)Footnote b and paragraphs 164(1)(b)Footnote c, (i)Footnote d and (j) and 167.1(b)Footnote e of the Customs ActFootnote f, hereby makes the annexed Presentation of Persons (2003) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi 

Act means the Customs Act. (Loi )

authorization

autorisation

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

personne autorisée

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

commercial driver

routier

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

commercial highway conveyance

moyen de transport routier commercial

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

commercial passenger conveyance

moyen de transport commercial de passagers

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common-law partner[Repealed, SOR/2005-385, s. 3]

corporate aircraft

aéronef d’affaires

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

bureau de douane établi

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

zone d’attente désignée

designated holding area means an area designated by the Commissioner 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)

marine pleasure craft

embarcation de plaisance

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

moyen de transport non commercial de passagers

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)

private aircraft

aéronef privé

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)

  • SOR/2005-385, s. 3

PART 1Exceptions

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

Marginal note:Exception

  •  (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

  •  (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:Advance notification

  •  (1) Every person in charge of a non-commercial passenger conveyance, other than a marine pleasure craft, that has as its destination a place in Canada and who intends to present themself and any persons aboard the conveyance by means of telephone shall give notice by telephone to an officer at a designated customs office at least two hours but no more than 48 hours before arriving in Canada of the expected time and place of arrival and destination in Canada of the conveyance.

  • 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:Changes in information

    (3) The person in charge of a non-commercial passenger conveyance shall notify an officer at a designated customs office of any changes to information given under subsection (1) or (2) either before or at the time of the arrival of the conveyance in Canada.

  • SOR/2005-385, s. 4

PART 2Presentation in Alternative Manners

Authorizations

 [Repealed, SOR/2005-385, s. 5]

Marginal note:CANPASS and Commercial Driver Registration programs

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

    • (a) is

    • (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; and

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

  • Marginal note:Additional residency requirements

    (2) In addition to the requirements in paragraph (1)(a), a person applying for an authorization to present themself in an alternative manner described in paragraph 11(a) shall have resided in one or more of the following countries during the three-year period preceding the day on which the application was received:

    • (a) Canada or the United States; and

    • (b) if the person is a citizen of Canada or the United States and is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country.

  • SOR/2005-385, ss. 6, 16, 25

Marginal note:Nexus highway program

 The Minister may issue an authorization that is recognized in both Canada and the United States to a person, other than a commercial driver, to present themself at a land border crossing in an alternative manner described in subparagraph 11(d)(ii) if the person

  • (a) meets the requirements set out in paragraphs 6(1)(a) to (e);

  • (b) meets the residency requirement set out in subsection 6(2);

  • (c) is eligible to obtain a dedicated commuter lane authorization from the United States Department of Homeland Security; and

  • (d) has not had such an authorization suspended or cancelled during the 90 days before the day on which their application was received.

  • SOR/2005-385, ss. 7, 26

Marginal note:Free and secure trade program (FAST)

 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

  • (a) meets the requirements set out in paragraphs 6(1)(a) to (e); and

  • (b) is eligible to obtain a dedicated commuter lane authorization from the United States Department of Homeland Security.

  • SOR/2005-385, ss. 17, 27

Marginal note:Biometric data

 The Minister may require the following biometric data from the following persons for the following purposes:

  • (a) 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;

  • (b) 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;

  • (c) in the case of a person who applies for an authorization referred to in section 6.1, a copy of their index fingerprints for the purposes of performing background checks and, if required for the purpose of confirming their identity, a copy of all their fingerprints; and

  • (d) in the case of a commercial driver who applies for an authorization referred to in section 6.2, a copy of their fingerprints for the purposes of identifying them and performing criminal record checks.

  • SOR/2005-385, s. 17

Applications for Authorizations

Marginal note:Application

  •  (1) 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.

  • Marginal note:Application on behalf of another person

    (2) A person who is applying to be an authorized person or an authorized person may apply for an authorization on behalf of

    • (a) [Repealed, SOR/2005-385, s. 8]

    • (b) their child who is under 18 years of age; and

    • (c) [Repealed, SOR/2005-385, s. 8]

    • (d) any person who is wholly dependent for support on the applicant by reason of mental or physical infirmity and who is related, within the meaning of the Income Tax Act, to the applicant.

  • Marginal note:Application of employee

    (3) A person who is not an individual may apply for an authorization on behalf of an employee 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 the business.

  • SOR/2005-385, s. 8

Marginal note:Exception — corporate aircraft

  •  (1) 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.

  • Marginal note:Application

    (2) An application under subsection (1) shall include, if available, the individual’s name, date of birth, citizenship and place of residence.

  • Marginal note:Issue

    (3) The Minister may issue an authorization to an individual described in subsection (1) if all of the following conditions are met:

    • (a) the individual meets the requirements set out in paragraphs 6(1)(a) to (e);

    • (b) the person in charge of the corporate aircraft has not applied on behalf of more than four individuals;

    • (c) 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

    • (d) 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.

  • Marginal note:No issue after arrival

    (4) No authorization may be issued after an aircraft has arrived in Canada.

  • SOR/2005-385, s. 28

Marginal note:Authorized persons to have authorizations

 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.

Marginal note:Duration

  •  (1) An authorization expires one year after the date of its issuance.

  • Marginal note:Duration

    (1.1) Despite subsection (1), an authorization referred to in section 6.1 or 6.2 and an authorization to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) expire five years after the date of their issuance.

  • Marginal note:Issue

    (2) 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.

  • SOR/2005-385, ss. 9, 18, 23

Alternative Manners of Presentation

Marginal note:Alternative manners

 Persons may present themselves in one of the following alternative manners if they have been authorized to do so:

  • (a) on arrival in Canada aboard a commercial aircraft at a commercial airport that is a designated customs office, by means of an electronic device;

  • (b) 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;

  • (c) 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 corporate aircraft, if that person presents themself and any persons aboard by telephone to an officer at a designated customs office;

  • (d) on arrival in Canada at a land border crossing,

    • (i) 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,

    • (ii) if they are operating or aboard a conveyance that is specified in their authorization, 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

    • (iii) 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

  • (e) 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.

  • SOR/2005-385, ss. 10, 19

Marginal note:Carrying of Authorization

 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.

Marginal note:Conditions of authorizations

 No authorized person shall

  • (a) transfer or assign their authorization;

  • (b) permit another person to use their authorization;

  • (c) use or attempt to use their authorization if it is expired, suspended or cancelled; or

  • (d) use or attempt to use their authorization to present themself in a manner that is not authorized.

Marginal note:Loss or theft

 Every authorized person whose authorization is lost or stolen shall, without delay, inform the Minister of the loss or theft.

Advance Notification

Marginal note:Aircraft

  •  (1) Every person in charge of a corporate aircraft or a private aircraft that has as its destination a place in Canada who intends to present themself and any authorized persons aboard the aircraft in either alternative manner set out in paragraph 11(b) or (c) shall give notice by telephone to an officer at a designated customs office at least two hours but no more than 48 hours before arriving of the expected time and place of arrival and destination in Canada of the aircraft.

  • Marginal note:Information

    (2) If required by an officer, the person in charge of the corporate aircraft or private aircraft shall

    • (a) provide any information relating to the other persons aboard the aircraft; and

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

  • SOR/2005-385, s. 11

 [Repealed, SOR/2005-385, s. 12]

Marginal note:Marine pleasure craft

  •  (1) Every authorized person in charge of a marine pleasure craft that has as its destination a place in Canada who intends to present themself and any passengers aboard the craft who are authorized to present themselves in the manner described in paragraph 11(e) shall give notice within 4 hours of their expected arrival in Canada by telephone to an officer at a designated customs office of the expected time and place of arrival in Canada.

  • Marginal note:Information

    (2) Any information required by an officer relating to any person aboard the marine pleasure craft shall also be provided at that time.

Marginal note:Changes in information

 A person shall, either before or at the time of their arrival, in Canada notify an officer at a designated customs office of any changes to information given by them under any of sections 15 to 17.

Marginal note:Obligation to wait

 Every authorized person who arrives in Canada aboard a commercial highway conveyance operated by a commercial driver and carrying commercial goods that have been previously approved by an officer for release, or who is aboard a private aircraft, corporate 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

  • (a) the time of arrival that was stated in their advance notification under section 15, 16 or 17, as the case may be; or

  • (b) an earlier time if an officer authorizes them to leave the place of arrival.

Amendments to Authorizations

Marginal note:At request of authorized person

 On application, the Minister may amend an authorization

  • (a) to change the authorized person’s address;

  • (b) to change the name of the authorized person; or

  • (c) to add or remove a conveyance to which the authorization applies.

Renewals

Marginal note:By Minister

 On application, the Minister may renew an authorization if

  • (a) at the time of the application, the authorized person continues to meet the requirements of section 6, 6.1 or 6.2, as the case may be;

  • (b) the application is made before the authorization has expired; and

  • (c) the applicable fee set out in section 24 is paid.

  • SOR/2005-385, ss. 13, 20

Suspensions and Cancellations of Authorizations

Marginal note:Grounds

  •  (1) The Minister may suspend or cancel an authorization if the person

  • Marginal note:Extension of suspension or cancellation to other persons

    (2) If the Minister suspends or cancels the authorization of a person who applied for an authorization on behalf of another person, the authorization of that other person is also suspended or cancelled, as the case may be.

  • Marginal note:Notice of suspension or cancellation

    (3) 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.

  • Marginal note:Return of authorization

    (4) A person whose authorization is cancelled or suspended shall

    • (a) 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

    • (b) 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.

  • Marginal note:Effective date of suspension or cancellation

    (5) 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.

  • SOR/2005-385, ss. 14, 21

Marginal note:Review

 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

Marginal note:Nexus and FAST programs

  •  (1) The fee for the issuance or renewal of an authorization referred to in section 6.1 or 6.2 is $80.

  • Marginal note:Certain CANPASS programs

    (1.1) The fee for the issuance or renewal of an authorization to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) is $40.

  • Marginal note:Commercial airport

    (2) The fee for the issuance or renewal of an authorization for use at a commercial airport that is a designated customs office or at a designated customs office is $50 per year.

  • Marginal note:Other authorizations

    (3) The fee for the issuance or renewal of any other authorization is $25 per year.

  • Marginal note:Persons under 18 years of age

    (4) A person who is under 18 years of age at the time of making their application for an authorization is not required to pay a fee under this section.

  • SOR/2005-385, ss. 15, 22, 24

Presentation of Persons (Customs) Regulations

 [Amendment]

 [Repeal]

Coming into Force

Marginal note:Coming into force

  •  (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

  • Marginal note:Retroactive effect — deemed in force

    (2) Section 1 — except for the definitions Act, commercial passenger conveyance, designated holding area and non-commercial passenger conveyance — and Part 2 and section 25 are deemed to come into force on December 3, 2001.

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