5. The Governor in Council may, on the recommendation of the Minister, by order, restrict any immunity or privileges under this Act if, in the opinion of the Governor in Council, the immunity or privileges exceed those accorded to Canada by the United States.
ADMINISTRATION OF PRECLEARANCE LAWS
Marginal note:Preclearance laws
6. (1) Preclearance laws may be administered in Canada in a preclearance area with respect to travellers who seek admission to, and with respect to goods to be imported into, the United States, subject to the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act.
Marginal note:Preclearance laws not to be administered
(2) When proceedings are instituted in Canada with respect to an act or omission that occurs in a preclearance area and that is an offence under Canadian law punishable by indictment or on summary conviction, monetary penalties that could otherwise be imposed under preclearance laws may not be imposed in Canada with respect to that act or omission.
Marginal note:Canadian officer
(3) Nothing in this Act precludes a Canadian officer from enforcing Canadian law in a preclearance area.
PRECLEARANCE AND INTRANSIT AREAS
Marginal note:Preclearance areas
7. (1) The Minister may designate preclearance areas where preclearance officers may preclear travellers and goods for entry into the United States.
Marginal note:Air travel
(2) The Minister may designate all or part of a preclearance area as an intransit area that is to be used for the preclearance of travellers and goods that are in transit through Canada by air to the United States.
Marginal note:Amendment, cancellation or reinstatement of designation
(3) The Minister may amend, cancel or reinstate at any time a designation made under this section.
Marginal note:Access to a preclearance area
8. (1) Only persons who are travellers destined for the United States or any person or category of persons designated by regulation may enter a preclearance area.
Marginal note:Reporting to a preclearance officer
(2) Every traveller who enters a preclearance area must report to a preclearance officer without delay.
Marginal note:Arrival in an intransit area
9. In order to travel through Canada to the United States through an intransit area, a traveller must report without delay on arrival in Canada to a preclearance officer at the intransit area.
Marginal note:Right of traveller to leave preclearance area
10. (1) Every traveller has the right, at any stage of the preclearance process, to leave a preclearance area without departing for the United States, unless a preclearance officer informs the traveller that the officer suspects on reasonable grounds that the traveller has committed an offence under section 33 or 34.
Marginal note:Departure from an intransit area
(2) Every traveller, whether travelling from Canada or in transit through Canada, who leaves an intransit area without departing immediately for the United States must report without delay to a customs officer and an immigration officer for examination.
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