Preclearance Act (S.C. 1999, c. 20)

Act current to 2014-04-02

Preclearance Act

S.C. 1999, c. 20

Assented to 1999-06-17

An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health

Preamble

WHEREAS the Agreement between the Government of Canada and the Government of the United States of America on Air Transport Preclearance was entered into on May 8, 1974;

WHEREAS since that date it has become desirable to put in place statutory authority, on a reciprocal basis in both Canada and the United States, to facilitate the movement of travellers and goods across the border between the two countries by all means of transportation;

WHEREAS it would facilitate cross-border travel and movement of goods if those provisions of American law directly related to the admission of travellers and the importation of goods into the United States, but excluding criminal law, were allowed to be administered in Canada;

AND WHEREAS the administration of any provision of American law in Canada is subject to Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act;

NOW, THEREFORE, 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

 This Act may be cited as the Preclearance Act.

INTERPRETATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“Canadian officer”

« agent canadien »

“Canadian officer” means a peace officer or a person who is authorized to enforce an Act of Parliament.

“goods”

« marchandises »

“goods” includes means of transport, animals and plants and their products, and any document in any form, but does not include anything prescribed by a regulation made under paragraph 38(1)(a).

“Minister”

« ministre »

“Minister”, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated under section 3 as the Minister or Ministers for the purpose of that provision.

“preclearance area”

« zone de précontrôle »

“preclearance area” means an area designated by the Minister under section 7.

“preclearance laws”

« droit de précontrôle »

“preclearance laws” means the law of the United States with respect to customs, immigration, public health, food inspection and plant and animal health that is applicable to the admission of travellers or the importation of goods to the United States, including the laws listed in the schedule. It includes monetary penalty provisions in such law but does not include anything that would be considered criminal under Canadian law.

“preclearance officer”

« contrôleur »

“preclearance officer” means a person authorized by the United States to perform preclearance duties in Canada for the purposes of customs, immigration, public health, food inspection and plant and animal health.

DESIGNATION OF MINISTER

Marginal note:Order designating Minister

 The Governor in Council may, by order, designate any member or members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act.

PURPOSE

Marginal note:Purpose

 The purpose of this Act is to permit the administration of preclearance laws in Canada, subject to Canadian constitutional safeguards, in order to facilitate the movement of travellers and goods between Canada and the United States, based on the principle of reciprocity.