Preclearance in the United States Regulations (SOR/2024-283)

Grounds of Inadmissibility

Marginal note:Grounds of inadmissibility

1 For the purposes of subsection 48(4) of the Preclearance Act, 2016, grounds of inadmissibility are prescribed as follows:

• (a) in the case of a permanent resident, the grounds set out in sections 34 and 35, subsection 36(1) and section 37 of the Immigration and Refugee Protection Act;

• (b) in the case of a protected person within the meaning of the Immigration and Refugee Protection Act, the grounds set out in sections 34 to 35.1, subsection 36(1) and section 37 of that Act;

• (c) in the case of a foreign national who holds a permanent resident visa, the grounds set out in sections 34 to 35.1, subsection 36(1) and section 37 of the Immigration and Refugee Protection Act;

• (d) in the case of a foreign national who holds a permanent resident visa accompanied by a family member who is inadmissible or has been refused entry to Canada through a preclearance area or preclearance perimeter on the grounds set out in any of sections 34 to 35.1, subsection 36(1) or section 37 of the Immigration and Refugee Protection Act, the grounds set out in sections 34 to 35.1, subsection 36(1) and sections 37 and 42 of that Act; and

• (e) in the case of a foreign national, the grounds set out in sections 34 to 42 of the Immigration and Refugee Protection Act.

Adaptations and Exclusions

Marginal note:Adaptations — Immigration and Refugee Protection Act

2 In respect of a traveller entering Canada through a preclearance area or preclearance perimeter, the Immigration and Refugee Protection Act is adapted as follows:

• (a) subsection 11(1) is to be read as follows:

  • 11 (1) A foreign national must, before entering Canada or before entering a preclearance area or preclearance perimeter, apply to an officer for a visa or for any other document required by the regulations.

• (b) subsection 11(1.01) is to be read as follows:

  • 11 (1.01) Despite subsection (1), a foreign national must, before entering Canada or before entering a preclearance area or preclearance perimeter, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means.

• (c) a reference to “on their entry” in section 19 is to be read as a reference to “in a preclearance area or preclearance perimeter”;

• (d) the reference to “have come to Canada” in paragraph 20(1)(a) of the English version is to be read as a reference to “are coming to Canada through a preclearance area or preclearance perimeter”;

• (e) the reference to “upon arrival in Canada” in subsection 24(2) is to be read as a reference to “upon arrival in a preclearance area or preclearance perimeter”; and

• (f) the reference to “outside Canada” in the portion of subsection 31(3) before paragraph (a) is to be read as a reference to “outside a preclearance area or preclearance perimeter”.

Marginal note:Adaptations — Immigration and Refugee Protection Regulations

3 In respect of a traveller entering Canada through a preclearance area or preclearance perimeter, the Immigration and Refugee Protection Regulations are adapted as follows:

• (a) in the following provisions, a reference to “subsection 44(2) of the Act” is to be read as a reference to “subsection 48(5) of the Preclearance Act, 2016”:

  • (i) paragraph 12.06(d),

  • (ii) paragraph 37(1)(d), and

  • (iii) paragraph 41(b);

• (b) in the following provisions, a reference to “port of entry” is to be read as a reference to “preclearance area or preclearance perimeter”:

  • (i) subsection 27(1),

  • (ii) paragraphs 37(1)(a) and (d),

  • (iii) the portion of section 38 before paragraph (a) and paragraph 38(a),

  • (iv) subsections 40(1) and (3),

  • (v) subsection 71.1(1), and

  • (vi) paragraph 240(1)(a);

• (c) the reference to “departure from Canada” in paragraph 37(1)(c) is to be read as a reference to “departure from the preclearance area or preclearance perimeter”;

• (d) the reference to “leave Canada” in subsection 40(1) is to be read as a reference to “leave the preclearance area or preclearance perimeter”;

• (e) in the following provisions, a reference to a time period that begins on the day on which a traveller enters Canada is to be read as a time period that begins on the day on which the traveller is authorized in a preclearance area or preclearance perimeter to enter Canada:

  • (i) subparagraph 132(1)(a)(i),

  • (ii) paragraphs 183(3)(a) and (b), and

  • (iii) paragraph 184(2)(b);

• (f) in the following provisions, a reference to “enters Canada” or “entering Canada” is to be read as a reference to “enters Canada through a preclearance area or preclearance perimeter” or “entering Canada through a preclearance area or preclearance perimeter” respectively:

  • (i) the portion of subsection 184(2) before paragraph (b),

  • (ii) subsection 198(1) and the portion of subsection 198(2) before paragraph (a), and

  • (iii) the portion of section 214 before paragraph (a);

• (g) in the following provisions, a reference to “before entering Canada” is to be read as a reference to “before entering a preclearance area or preclearance perimeter”:

  • (i) section 197, and

  • (ii) section 213;

• (h) the reference to “entry into Canada” in paragraph 180(b) of the English version is to be read as “entry into Canada through a preclearance area or preclearance perimeter”; and

• (i) the reference to “contrôle d’arrivée” in paragraph 180(b) of the French version is to be read as a reference to “contrôle d’arrivée dans une zone de précontrôle ou un périmètre de précontrôle”.

Marginal note:Exclusions — Immigration and Refugee Protection Regulations

4 The following provisions of the Immigration and Refugee Protection Regulations do not apply in a preclearance area or preclearance perimeter:

• (a) paragraphs 38(b) to (h);

• (b) paragraph 41(c); and

• (c) subsection 188(2).

Marginal note:Adaptations — enactments under the Customs Tariff

5 In respect of a traveller entering Canada through a preclearance area or preclearance perimeter,

• (a) a reference to “the province where the customs office through which the alcoholic beverages are imported is located” in paragraph 3(2)(a) of the Returning Persons Exemption Regulations is to be read as “the province where the person enters Canada”;

• (b) a reference to “the province in which the customs office where the alcoholic beverages are imported is situated” in paragraph 3(a) of the Tariff Item No. 9805.00.00 Exemption Order is to be read as “the province where the person enters Canada”; and

• (c) a reference to “the province in which the customs office where the alcoholic beverages are imported is situated” in paragraph 2(a) of the Tariff Item No. 9807.00.00 Exemption Order is to be read as “the province where the settler enters Canada”.

Marginal note:Adaptations — Plant Protection Regulations

6 For the purposes of the Preclearance Act, 2016, a reference to “place of entry” in the Plant Protection Regulations includes a reference to a preclearance area or preclearance perimeter.

Coming into Force

Marginal note:Registration

7 These Regulations come into force on the day on which they are registered.