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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 2Presentation in Alternative Manners (continued)

Authorizations (continued)

Marginal note:Commercial Driver Registration Program (CDRP)

 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.

  • SOR/2006-154, s. 6

Marginal note:Biometric data

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  • (c) and (d) [Repealed, SOR/2008-27, s. 7]

  • SOR/2005-385, s. 17
  • SOR/2008-27, s. 7

Applications for Authorizations

Marginal note:Application

  •  (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.

  • SOR/2005-385, s. 8
  • SOR/2006-154, s. 7
  • SOR/2008-27, s. 8
  • SOR/2015-83, ss. 8, 14

Marginal note:Exception — corporate aircraft

  •  (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.

  • SOR/2005-385, s. 28
  • SOR/2006-154, s. 8

Marginal note:Authorized persons to have authorizations

 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

  •  (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.

  • SOR/2005-385, ss. 9, 18, 23
  • SOR/2006-154, s. 9
  • SOR/2008-27, ss. 2, 9
  • SOR/2015-83, s. 9

Alternative Manners of Presentation

Marginal note:Alternative manners

 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.

  • SOR/2005-385, ss. 10, 19
  • SOR/2006-154, s. 10
  • SOR/2008-24, s. 2

Marginal note:Carrying of Authorization

 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

 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.

 
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