Passenger Information (Customs) Regulations (SOR/2003-219)

Regulations are current to 2016-09-18 and last amended on 2016-03-11. Previous Versions

Passenger Information (Customs) Regulations

SOR/2003-219

CUSTOMS ACT

Registration 2003-06-12

Passenger Information (Customs) Regulations

P.C. 2003-908  2003-06-12

Whereas the annexed Passenger Information (Customs) Regulations give effect to a public announcement made on October 4, 2002;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 107.1Footnote a and paragraphs 164(1)(i)Footnote b and 167.1(b)Footnote c of the Customs ActFootnote d, hereby makes the annexed Passenger Information (Customs) Regulations.

Marginal note:Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Customs Act. (Loi)

commercial carrier

commercial carrier means the owner or operator of a commercial conveyance. (transporteur commercial)

commercial conveyance

commercial conveyance means any conveyance that is used for the commercial transportation of persons or goods by air, water or land. (moyen de transport commercial)

crew member

crew member means a person assigned to duty on board a commercial conveyance. (membre d’équipage)

Minister's representative

Minister's representative[Repealed, SOR/2016-35, s. 1]

reservation system

reservation system means any system, whether electronic or manual, that contains information about persons on board or expected to be on board a commercial conveyance. (système de réservation)

time of departure

time of departure means

  • (a) in the case of a commercial conveyance that carries persons or goods by air, the time of take-off from the last point of embarkation of persons before the conveyance arrives in Canada; and

  • (b) in the case of a commercial conveyance that carries persons or goods by water or land, the time of departure from the last point of embarkation of persons before the conveyance arrives in Canada. (moment du départ)

  • SOR/2013-182, s. 1(F);
  • SOR/2016-35, s. 1.
Marginal note:Purpose

 The purpose of sections 3 to 7 is to prescribe the circumstances, conditions, classes of persons, information and time and manner for the purposes of section 107.1 of the Act.

  • SOR/2016-35, s. 2.
Marginal note:Prescribed circumstances and conditions

 The prescribed circumstances and conditions are the following:

  • (a) the conveyance must be a commercial conveyance; and

  • (b) the conveyance is expected to arrive in Canada.

  • SOR/2016-35, s. 2.
Marginal note:Prescribed classes

 The prescribed classes of persons are commercial carriers and charterers that undertake to carry persons or goods to Canada.

  • SOR/2013-182, s. 2;
  • SOR/2016-35, s. 2.
Marginal note:Prescribed information

 The prescribed information about a person on board or expected to be on board a commercial conveyance is the following:

  • (a) their surname, first name and any middle names, their date of birth, their citizenship or nationality and their gender;

  • (b) the type and number of each passport or other travel document that identifies them and the name of the country or entity that issued it;

  • (c) their reservation record locator number, if any;

  • (d) the unique passenger reference assigned to them, if any, by the person who is required to provide information or, in the case of a crew member who has not been assigned a unique passenger reference, notice of their status as a crew member;

  • (e) any information about the person in a reservation system of the person who is required to provide information or in a reservation system of the representative of such a person; and

  • (f) the following information about their carriage on board the commercial conveyance:

    • (i) if the person is carried or is expected to be carried on board the commercial conveyance by air, the date and time of take-off from the last point of embarkation of persons before the commercial conveyance arrives in Canada or if the person is carried or is expected to be carried on board the commercial conveyance by water or land, the date and time of departure from the last point of embarkation of persons before the commercial conveyance arrives in Canada,

    • (ii) the last point of embarkation of persons before the commercial conveyance arrives in Canada,

    • (iii) the date and time of arrival of the commercial conveyance at the first point of disembarkation of persons in Canada,

    • (iv) the first point of disembarkation of persons in Canada, and

    • (v) in the case of a commercial conveyance that carries persons or goods by air, the flight code identifying the commercial carrier and the flight number.

  • SOR/2016-35, s. 2.
Marginal note:Prescribed manner

 The information referred to in section 5 must be provided by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange set out in the document entitled CBSA Carrier Messaging Requirements established by the Agency, as amended from time to time.

  • SOR/2016-35, s. 2.
Marginal note:Prescribed time — advance passenger information
  •  (1) The information referred to in paragraphs 5(a) to (d) must be provided not later than

    • (a) one hour before the time of departure, if the information relates to a crew member; and

    • (b) the time of departure, if the information relates to any other person who is or is expected to be on board the commercial conveyance.

  • Marginal note:Prescribed time — information in a reservation system

    (2) The information referred to in paragraph 5(e) must be provided not later than at the time of departure.

  • Marginal note:Prescribed time — close-out information

    (3) The information referred to in paragraph 5(d) must also be provided for each passenger on board the commercial conveyance at the time of departure not later than 30 minutes after the time of departure.

  • SOR/2016-35, s. 2.
Marginal note:Missing or inaccurate information
  •  (1) A person who becomes aware before or at the time of departure that information they have provided under paragraph 107.1 of the Act is incomplete or inaccurate must, in the manner described in section 6 and without delay, provide the Minister with the missing or accurate information.

  • Marginal note:Exception — paragraph 5(e)

    (2) Subsection (1) does not apply in respect of information referred to in paragraph 5(e).

  • SOR/2016-35, s. 2.
Marginal note:Time of transmission — paragraph 5(f)

 The information referred to in paragraph 5(f) must be provided at the same time as the information referred to in sections 7 and 8.

  • SOR/2016-35, s. 2.

AMENDMENTS NOT IN FORCE

  • — SOR/2016-35, s. 3

    • 3 Paragraph 5(e) of the Regulations is replaced by the following:

      • (e) any information about them that is referred to in the schedule and is available in a reservation system of the person who is required to provide information or in a reservation system of the representative of such a person; and

  • — SOR/2016-35, s. 4

    • 4 Subsection 7(2) of the Regulations is replaced by the following:

      • Prescribed time — information in reservation system

        (2) The information referred to in paragraph 5(e) must be provided for each person who is expected to be on board the commercial conveyance not later than 72 hours before the time of departure.

  • — SOR/2016-35, s. 5

    • 5 Section 8 of the Regulations is amended by adding the following after subsection (2):

      • Update — information in reservation system

        (3) If information referred to in paragraph 5(e) about a person in relation to a particular carriage is added to a reservation system or is changed in the system after it has been provided to the Minister under section 107.1 of the Act, the person who provided the information must, in the manner described in section 6 and at the following times, provide the Minister with all the information referred to in paragraph 5(e) about the person in relation to that carriage:

        • (a) if the addition or change is made more than 24 hours before the time of departure, not later than 24 hours before the time of departure;

        • (b) if the addition or change is made during a period beginning 24 hours before the time of departure and ending eight hours before that time, not later than eight hours before the time of departure; and

        • (c) if the addition or change is made less than eight hours before the time of departure, not later than the time of departure.

  • — SOR/2016-35, s. 6

    • 6 The Regulations are amended by adding, after section 8, the schedule set out in the schedule to these Regulations.

      SCHEDULE(Paragraph 5(e))Information About Persons in a Reservation System

      • 1 Their surname, first name and any middle names

      • 2 Their reservation record locator number

      • 3 The date of their reservation and date their ticket was issued

      • 4 Their itinerary, including the dates of departure and arrival for each segment of carriage

      • 5 Information about their participation in a loyalty program and the benefits earned under the program, such as free tickets or upgrades

      • 6 The number of the other passengers included in the reservation record and their surname, first name and any middle names

      • 7 Contact information for each person mentioned in the reservation record, including the person who made the reservation

      • 8 Billing and payment information, including credit card number and billing address

      • 9 Information about the travel agent or agency, including the name and contact information

      • 10 Code share information

      • 11 Information about whether the reservation record has been divided into several records or is linked to another record

      • 12 Their travel status, including travel confirmation and check-in status

      • 13 Ticketing information, including the ticket number, automated ticket fare quote and whether a one-way ticket was purchased

      • 14 Their baggage information, including the number and weight of their bags

      • 15 Their seating information, including seat number

      • 16 General remarks about the person in the reservation record, including other supplementary information, special service information and special service request information

      • 17 The information referred to in paragraphs 5(a) and (b) of these Regulations

      • 18 The history of any changes to the information referred to in items 1 to 17 of this schedule

Date modified: