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

Regulations are current to 2020-07-28 and last amended on 2015-05-06. Previous Versions

PART 1Exceptions (continued)

Advance Notification

Marginal note:Information to be provided — non-commercial passenger conveyance

  •  (1) The person in charge of a non-commercial passenger conveyance, other than a marine pleasure craft, that will arrive in Canada who intends to present themselves and all other persons on board the conveyance by telephone to an officer at a designated customs office is required under subsection 12.1(1) of the Act to give the Agency the conveyance’s scheduled time and place of arrival in Canada and, if it is different, the conveyance’s place of final 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 conveyance 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 conveyance arrives in Canada.

  • Marginal note:Information

    (2) If required by an officer, the person in charge of a non- commercial passenger conveyance shall

    • (a) provide any information relating to the other persons aboard the non-commercial passenger conveyance; and

    • (b) notify an officer of the arrival of the conveyance in Canada.

  • Marginal note:Change to information

    (3) A person in charge of a conveyance who gives information in the circumstances set out in this section 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.

  • SOR/2005-385, s. 4
  • SOR/2006-154, s. 2
  • SOR/2015-90, s. 25

PART 2Presentation in Alternative Manners

Authorizations

Marginal note:CANPASS Air program

  •  (1) The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(a) if the person

    • (a) is

      • (i) a citizen or permanent resident of Canada,

      • (ii) a citizen or permanent resident of the United States, or

      • (iii) a citizen of another country and the following conditions are met:

        • (A) the person is a member of a program in that country that allows for an alternative manner of presentation to facilitate or expedite entry into that country, and

        • (B) Canada has a reciprocal arrangement with that country, entered into under paragraph 13(2)(a) of the Canada Border Services Agency Act, in respect of the alternative manner of presentation;

    • (b) is of good character;

    • (c) is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations;

    • (d) provides their consent in writing to the use by the Minister of biometric data concerning the person for the purposes set out in section 6.3;

    • (e) has provided true, accurate and complete information in respect of their application for the authorization; and

    • (f) subject to subsection (2), has resided only in one or more of the following countries during the three-year period before the day on which the application was received and until the day on which the authorization is issued:

      • (i) Canada or the United States,

      • (ii) if the person is serving as a member of the American armed forces in a foreign country, that foreign country,

      • (iii) if the person is a family member of a person who is a member of the Canadian or American armed forces serving in a foreign country, that foreign country, or

      • (iv) if the person is a family member of a person who is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country.

  • Marginal note:Exception

    (2) Paragraph (1)(f) does not apply to

    • (a) a citizen of Canada or the United States;

    • (b) a person who is not a citizen of Canada or the United States and who meets the conditions set out in subparagraph (1)(a)(iii); and

    • (c) a child who is under 18 years of age and is a permanent resident of the following country and on behalf of whom an application is made by a person who meets the requirement set out in that paragraph:

      • (i) Canada and was adopted outside Canada by a citizen or permanent resident of Canada or born outside Canada to a citizen of Canada, or

      • (ii) the United States and was adopted outside the United States by a citizen or permanent resident of the United States or born outside the United States to a citizen of the United States.

  • SOR/2015-83, ss. 5, 12

Marginal note:Other CANPASS programs

 The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(b), (c) or (e) if the person

  • (a) is

    • (i) a citizen or permanent resident of Canada, or

    • (ii) a citizen or permanent resident of the United States;

    • (iii) [Repealed, SOR/2005-385, s. 6]

  • (b) is of good character;

  • (c) is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations;

  • (d) provides their consent in writing to the use by the Minister of biometric data concerning the person for the purposes set out in section 6.3;

  • (e) has provided true, accurate and complete information in respect of their application for the authorization; and

  • (f) has resided only in one or more of the following countries during the three-year period before the day on which the application was received and until the day on which the authorization is issued:

    • (i) Canada or the United States,

    • (ii) if the person is serving as a member of the Canadian or American armed forces in a foreign country, that foreign country,

    • (iii) if the person is a family member of a member of the Canadian or American armed forces serving in a foreign country, that foreign country,

    • (iv) if the person is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country, or

    • (v) if the person is a family member of a person who is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country.

  • SOR/2005-385, ss. 6, 16, 25
  • SOR/2006-154, s. 3
  • SOR/2008-27, s. 4
  • SOR/2015-83, ss. 2, 6, 13

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

 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]

  • SOR/2005-385, ss. 7, 26
  • SOR/2006-154, s. 4
  • SOR/2008-27, ss. 1, 5
  • SOR/2015-83, ss. 4, 7

Marginal note:Free and secure trade program (FAST)

 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.

  • SOR/2005-385, ss. 17, 27
  • SOR/2006-154, s. 5
  • SOR/2008-27, s. 6
 
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