Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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)

Alternative Manners of Presentation (continued)

Marginal note:Loss or theft

 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

  •  (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.

  • SOR/2008-24, s. 3

Advance Notification

Marginal note:Information to be provided — aircraft

  •  (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.

  • SOR/2005-385, s. 11
  • SOR/2015-90, s. 26

 [Repealed, SOR/2005-385, s. 12]

Marginal note:Information to be provided — marine pleasure craft

  •  (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.

  • SOR/2008-27, s. 10
  • SOR/2015-90, s. 27

Marginal note:Change to information

 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.

  • SOR/2006-154, s. 11
  • SOR/2015-90, s. 28

Marginal note:Obligation to wait

 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.

  • SOR/2006-154, s. 12

Amendments to Authorizations

Marginal note:At request of authorized person

 On application, the Minister may amend an authorization

  • (a) to change the authorized person’s address;

  • (b) to change the name of the authorized person;

  • (c) to add or remove a conveyance to which the authorization applies; or

  • (d) to change the authorized person’s citizenship.

  • SOR/2006-154, s. 13

Renewals

Marginal note:By Minister

 On application, the Minister may renew an authorization if

  • (a) at the time of the application, the authorized person meets the requirements for the issuance of the authorization;

  • (b) the application is made before the authorization has expired; and

  • (c) the applicable fee set out in section 24 is paid.

  • SOR/2005-385, ss. 13, 20
  • SOR/2006-154, s. 14

Suspensions and Cancellations of Authorizations

Marginal note:Grounds

  •  (1) The Minister may suspend or cancel an authorization if the person

  • (2) [Repealed, SOR/2006-154, s. 15]

  • Marginal note:Notice of suspension or cancellation

    (3) Immediately after cancelling or suspending an authorization of a person, the Minister shall send written notice of, and the reasons for, the cancellation or suspension to the person at their latest known address.

  • Marginal note:Return of authorization

    (4) A person whose authorization is cancelled or suspended shall

    • (a) on receiving a notice under subsection (3), immediately and in accordance with it, return to the Minister the written authorization and any other thing relevant to the authorization that is specified in the notice; or

    • (b) on being advised of the suspension or cancellation in person by an officer, immediately return to the officer the written authorization and any other thing relevant to it that is specified by the officer.

  • Marginal note:Effective date of suspension or cancellation

    (5) The suspension or cancellation of an authorization becomes effective on the earlier of the day on which an officer advises in person of the suspension or cancellation and 15 days after the day on which notice of the suspension or cancellation is sent.

  • SOR/2005-385, ss. 14, 21
  • SOR/2006-154, s. 15

Marginal note:Review

 A person whose application for an authorization is rejected or whose authorization is suspended or cancelled may request a review of the decision by sending written notice of their request to the Minister within 30 days after the day on which the application was rejected or the cancellation or suspension becomes effective.

Fees

Marginal note:NEXUS and FAST Programs

  •  (1) The fee for the issuance or renewal of an authorization referred to in section 6.1 or 6.2 is $80.

  • Marginal note:Certain CANPASS programs

    (1.1) The fee for the issuance or renewal of an authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) is $40.

  • Marginal note:CANPASS Air program

    (2) The fee for the issuance or renewal of an authorization referred to in section 5 to present oneself in an alternative manner described in paragraph 11(a) is $50.

  • Marginal note:Other authorizations

    (3) The fee for the issuance or renewal of any other authorization is $25 per year.

  • Marginal note:Persons under 18 years of age

    (4) A person who is under 18 years of age at the time of making their application for an authorization is not required to pay a fee under this section.

  • Marginal note:CDRP program

    (5) There is no fee for the issuance or renewal of an authorization referred to in section 6.21.

  • SOR/2005-385, ss. 15, 22, 24
  • SOR/2006-154, s. 16
  • SOR/2008-27, ss. 3, 11
  • SOR/2015-83, s. 10
 
Date modified: