Presentation of Persons (2003) Regulations (SOR/2003-323)

Marginal note:NEXUS program (air, land and marine)

6.1 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 in the alternative manners described in paragraph 11(a), subparagraph 11(d)(ii) and paragraph 11(e) if the person

• (a) meets the requirements set out in paragraphs 5(1)(a) to (f), subject to subsection 5(2);

• (a.1) [Repealed, SOR/2015-83, s. 7]

• (b) has their eligibility to obtain an American authorization to present themself on arrival in the United States in the alternative manners described in paragraph 11(a), subparagraph 11(d)(ii) and paragraph 11(e) confirmed by the United States Department of Homeland Security; and

• (c) provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them.

• (d) [Repealed, SOR/2006-154, s. 4]

Marginal note:Free and secure trade program (FAST)

6.2 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(a) to (e);

• (b) has their eligibility to obtain a dedicated commuter lane authorization from the United States Department of Homeland Security confirmed by that Department;

• (c) provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them;

• (d) is 18 years of age or older; and

• (e) holds a valid driver’s licence.

Marginal note:Commercial Driver Registration Program (CDRP)

6.21 The Minister may issue an authorization 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)(i) if the commercial driver

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

• (b) is 18 years of age or older; and

• (c) holds a valid driver’s licence.

Marginal note:Biometric data

6.3 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; and

• (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) and (d) [Repealed, SOR/2008-27, s. 7]

Applications for Authorizations

Marginal note:Application

• 7 (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 child

  (2) A person may apply for an authorization under section 5, 6 or 6.1 on behalf of a child who is under 18 years of age

  • (a) with respect to whom they are a parent, if every other parent and every other person who has custody or tutorship of the child under a court order consents to the application; or

  • (b) with respect to whom they have custody or tutorship under a court order, if every parent and every other person who has custody or tutorship of the child under a court order consents to the application.

• Marginal note:Application on behalf of adult

  (2.1) A person may apply for an authorization under section 5, 6 or 6.1 on behalf of a person who is 18 years of age or more who has a mental or physical disability if the person who has the disability consents to the application or, if the person has been declared incompetent, a person who is legally authorized to act on the person’s behalf consents to the application.

• Marginal note:Passengers on corporate aircraft

  (3) A person who is not an individual may apply for an authorization on behalf of an employee, contractor, consultant or other business associate 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 its business.

Marginal note:Exception — corporate aircraft

• 8 (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(a) to (e);

  • (a.1) the individual is an employee, contractor, consultant or other business associate of the corporation that is using the aircraft and is travelling for purposes related to the business of the corporation;

  • (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.

Marginal note:Authorized persons to have authorizations

9 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

• 10 (1) An authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) and an authorization referred to in section 6.1 or 6.2 expire five years after the date of their issuance.

• (1.1) [Repealed, SOR/2006-154, s. 9]

• 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.

• Marginal note:Duration

  (3) An authorization referred to in section 6.21 expires four years after the date of its issuance.

• Marginal note:Duration

  (4) An authorization referred to in section 5 to present oneself in an alternative manner described in paragraph 11(a) expires one year after the date of its issuance.

Alternative Manners of Presentation

Marginal note:Alternative manners

11 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 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;

• (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, 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.

Marginal note:Carrying of Authorization

12 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

13 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

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

Marginal note:Condition — commercial goods belonging to person

• 14.1 (1) An authorization issued to a person to present themself in an alternative manner described in paragraph 11(a) or subparagraph 11(d)(i) or (iii) is only valid if, on arrival in Canada, the person does not have any commercial goods in their actual possession or in their baggage.

• Marginal note:Condition — commercial goods on board a conveyance

  (2) An authorization issued to a person to present themself in an alternative manner described in paragraph 11(b) or (c), subparagraph 11(d)(ii) or paragraph 11(e) is only valid if there are no commercial goods on board the conveyance that the person uses to arrive in Canada.

Advance Notification

Marginal note:Information to be provided — aircraft

• 15 (1) The person in charge of a corporate aircraft or private aircraft that will arrive in Canada who intends to present themselves and all other authorized persons on board the aircraft in an alternative manner described in paragraph 11(b) or (c) is required under subsection 12.1(1) of the Act to give the Agency the aircraft’s scheduled time and place of arrival in Canada and, if it is different, the aircraft’s final place of destination in Canada and scheduled time of arrival at that destination.

• Marginal note:Time and manner of providing information

  (1.1) The person in charge of the aircraft shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the aircraft arrives in Canada.

• 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.

16 [Repealed, SOR/2005-385, s. 12]

Marginal note:Information to be provided — marine pleasure craft

• 17 (1) The person in charge of a marine pleasure craft that will arrive in Canada who intends to present themselves and all other authorized persons on board the marine pleasure craft in the alternative manner described in paragraph 11(e) is required under subsection 12.1(1) of the Act to give the Agency the marine pleasure craft’s scheduled time and place of arrival in Canada and, if it is different, the marine pleasure craft’s final place of destination in Canada and scheduled time of arrival at that destination.

• Marginal note:Time and manner of providing information

  (1.1) The person in charge of the marine pleasure craft shall give the information by telephone to an officer at a designated customs office at least 30 minutes but no more than four hours before the marine pleasure craft arrives 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:Change to information

18 A person in charge of a conveyance who gives information in the circumstances set out in section 15 or 17 shall, before the conveyance arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change and the circumstances when the conveyance arrives in Canada.

Marginal note:Obligation to wait

19 Every authorized person who is aboard a corporate aircraft, a private 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.