Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Customs Act. (Loi)

commercial carrier

commercial carrier means the owner or operator of a commercial conveyance. (transporteur commercial)

commercial conveyance

commercial conveyance means any conveyance that is used for the commercial transportation of persons or goods by air. (moyen de transport commercial)

crew member

crew member means a person assigned to duty on board a commercial conveyance. (membre d’équipage)

time of departure

time of departure means the time of take-off from the last point of embarkation of persons before the conveyance leaves Canada. (moment du départ)

Information Collected by Agency

Marginal note:Purpose

2 The purpose of sections 3 to 5 is to prescribe the source, circumstances and time and manner for the purposes of subsection 92(1) of the Act.

Marginal note:Prescribed source

3 The prescribed source from which the Agency may collect information is the United States Customs and Border Protection Agency or its successor.

Marginal note:Prescribed circumstances

4 The prescribed circumstances in which the Agency may collect information are those in which a person is leaving or has left Canada by land.

Marginal note:Prescribed time and manner

5 When collecting the information, the Agency must collect it by electronic means as soon as it is available from the United States Customs and Border Protection Agency or its successor.

Information Given to Agency

Marginal note:Purpose

6 The purpose of sections 7 to 12 is to prescribe the information, conveyances, classes of persons, circumstances and time and manner for the purposes of subsection 93(1) of the Act.

Marginal note:Prescribed information

7 The prescribed information that is to be given to the Agency under paragraph 93(1)(a) of the Act is the flight code that identifies the commercial carrier and the flight number of the conveyance.

Marginal note:Prescribed conveyances

8 The prescribed conveyances in relation to which information must be given to the Agency are all commercial conveyances except those commercial conveyances that are operated by or on behalf of the Department of National Defence, the Canadian Armed Forces or a visiting force or those used for diplomatic missions to Canada.

Marginal note:Prescribed classes of persons

9 The prescribed classes of persons who must give the information to the Agency are commercial carriers and persons who charter a commercial conveyance.

Marginal note:Prescribed circumstances

10 The prescribed circumstances in which information must be given to the Agency are those in which a conveyance departs or is expected to depart from a place inside Canada with a final destination outside of Canada.

Marginal note:Prescribed time — 72 hours before departure

• 11 (1) If the following information becomes known to a person of a prescribed class of persons, as provided for in section 9, during the period beginning 72 hours before the conveyance’s scheduled time of departure and ending at check-in, that person must provide the information to the Agency as soon as possible:

  • (a) the surname, first name and middle names, the date of birth and the sex of each person expected to be on board the conveyance;

  • (b) the unique passenger reference of each person, other than a crew member, expected to be on board the conveyance; and

  • (c) the flight code that identifies the commercial carrier and the flight number of the conveyance.

• Marginal note:Prescribed time — before departure

  (2) The information referred to in subsection 93(1) of the Act must be given to the Agency not later than

  • (a) check-in, if the information relates to a person, other than a crew member, expected to be on board the conveyance; or

  • (b) one hour before the conveyance’s scheduled time of departure, if the information relates to a crew member expected to be on board the conveyance.

• Marginal note:Prescribed time — after departure

  (3) The following information must be given to the Agency not later than 30 minutes after the time of departure of the conveyance:

  • (a) the unique passenger reference of each person, other than a crew member, on board the conveyance;

  • (b) the flight code that identifies the commercial carrier and the flight number of the conveyance; and

  • (c) the last place inside Canada from which the conveyance departed, regardless of whether persons boarded it at that place, and the date and time of that departure.

Marginal note:Prescribed manner

12 The information referred to in subsection 93(1) of the Act must be given to the Agency by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange set out in the document entitled CBSA Carrier Messaging Requirements established by the Agency, as amended from time to time.

Marginal note:Information — incomplete or inaccurate

13 Any person who becomes aware that they have given incomplete or inaccurate information to the Agency under subsection 93(1) of the Act must, without delay and in the manner referred to in section 12, give the missing or accurate information to the Agency.

Consequential Amendments

14 [Amendments]

15 [Amendments]

Coming into Force

Marginal note:S.C. 2018, c. 30

• Footnote ^*16 (1) Subject to subsection (2), these regulations come into force on the day on which section 2 of An Act to amend the Customs Act, chapter 30 of the Statutes of Canada 2018, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Marginal note:Sections 6 to 15

  (2) Sections 6 to 15 come into force on the first anniversary of the day on which these Regulations are registered.

• Return to footnote ^*[Note: Regulations, except sections 6 to 15, in force June 25, 2019; sections 6 to 15 in force June 25, 2020.]