Interpretation

1 In these Regulations, Act means the Preclearance Act.

Detention Under Paragraph 26(1)(A) of the Act

• 2 (1) A preclearance officer must, immediately after detaining any of the following goods under paragraph 26(1)(a) of the Act, transfer them to a Canadian officer for disposal:

  • (a) goods that are subject to the public health, food inspection or plant and animal health laws of either Canada or the United States;

  • (b) goods that are, or contain, nuclear substances within the meaning of section 2 of the Nuclear Safety and Control Act; and

  • (c) goods that are dangerous goods within the meaning of section 2 of the Transportation of Dangerous Goods Act, 1992.

• (2) The preclearance officer must immediately give a written notice to the traveller, which notice must

  • (a) advise the traveller that the goods are detained under paragraph 26(1)(a) of the Act;

  • (b) explain the reasons for the detention; and

  • (c) advise the traveller that the goods will immediately be transferred to a Canadian officer for disposal.

• 3 (1) A preclearance officer who, under paragraph 26(1)(a) of the Act, detains goods other than goods described in paragraphs 2(1)(a) to (c) must immediately give a written notice to the traveller, which notice must

  • (a) advise the traveller that the goods are detained under paragraph 26(1)(a) of the Act;

  • (b) explain the reasons for the detention;

  • (c) advise the traveller of the requirements of the Act, the regulations and preclearance laws that must be complied with before the goods may be imported into the United States;

  • (d) advise the traveller that, in order to avoid forfeiture of the goods to the Government of the United States, the traveller must claim and remove them within the applicable period of detention, which is

    • (i) in the case of perishable goods, five days after the day on which they are detained,

    • (ii) in the case of tobacco products, 14 days after the day on which they are detained, and

    • (iii) in all other cases, 40 days after the day on which they are detained; and

  • (e) advise that the traveller may, at any time before the expiry of the applicable period of detention, notify the preclearance officer in writing that the traveller has abandoned the goods.

• (2) The goods are forfeited to the Government of the United States on the earlier of the abandonment of the goods by the traveller and the expiry of the applicable period of detention.

Detention Under Paragraph 26(1)(B) of the Act

4 A preclearance officer must, immediately after detaining goods under paragraph 26(1)(b) of the Act,

• (a) request from the traveller an address or a fax number at which the traveller can be reached; and

• (b) give to the traveller a written notice in respect of the disposition of the goods, which notice must

  • (i) advise the traveller that the goods are detained under paragraph 26(1)(b) of the Act,

  • (ii) explain the reasons for the detention, and

  • (iii) state the name of the organization of the Canadian officer to whom the goods will be transferred.

Immediate Transfer of Seized Goods

5 Goods described in paragraphs 2(1)(a) to (c) that are lawfully seized under the Act by a preclearance officer shall, subject to provisions of the Act, immediately be transferred to a Canadian officer for disposal.

Coming into Force

Footnote ^*6 These Regulations come into force on the day on which section 38 of the Preclearance Act, being chapter 20 of the Statutes of Canada, 1999, comes into force.

• Return to footnote ^*[Note: Regulations in force May 1, 2002, see SI/2002-73.]