Presentation of Persons (2003) Regulations

Marginal note:CANPASS Air program

• 5 (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.