These regulations define key customs-area terms, list who may be granted access, set in-person presentation and oral report requirements, allow officers to do frisk and strip searches on specified grounds, require strip searches to be private, and state that the regulations start when registered.
Customs Controlled Areas Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to sections 11.5a and 99.4b of the Customs Actc makes the annexed Customs Controlled Areas Regulations. S.C. 2009, c. 10, s. 4 S.C. 2001, c. 25, s. 60 R.S., c. 1 (2nd Supp.) The following definitions apply in these Regulations. Act means the Customs Act. (Loi) customs controlled area means an area designated as a customs controlled area by the Minister under subsection 11.2(1) of the Act. (zone de contrôle des douanes) For the purposes of paragraph 11.3(1)(b) of the Act, the following persons are prescribed as persons to whom access may be granted: any person who is arriving in Canada; any person who is about to leave Canada; any person who requires access to the customs controlled area for the purpose of administering or enforcing an Act of Parliament or responding to an emergency or for a purpose relating to the health or safety of a person; and any person who requires access to the customs controlled area for a purpose relating to their business or employment. For the purposes of paragraphs 11.4(1)(a) and (1.1)(a) of the Act, the prescribed manner of presentation is presentation in person. For the purposes of paragraph 11.4(1)(b) of the Act, the prescribed manner of report is an oral report. For the purposes of subsection 99.2(2) of the Act, the prescribed persons are the persons set out in paragraphs 2(c) and (d). For the purposes of subsection 99.2(2) of the Act, an officer may conduct a frisk search –– a search of a person’s clothed body by manual or technical means — of a person prescribed under section 4 if the officer suspects on reasonable grounds that the person has secreted on or about their person anything in respect of which the Act or the regulations have been or might be contravened, anything that would afford evidence with respect to a contravention of the Act or the regulations or any goods the importation or exportation of which is prohibited, controlled or regulated under the Act or any other Act of Parliament. For the purposes of subsection 99.2(2) of the Act, an officer may conduct a strip search –– a visual inspection of a person’s naked body during which the person may be required to open his or her mouth — of a person prescribed under section 4 if the officer believes on reasonable grounds that the person has secreted on or about their person anything in respect of which the Act or the regulations have been or might be contravened, anything that would afford evidence with respect to a contravention of the Act or the regulations or any goods the importation or exportation of which is prohibited, controlled or regulated under the Act or any other Act of Parliament. A strip search must be conducted in a private area. For the purposes of subsection 99.3(1) of the Act, a non-intrusive examination of goods is to be conducted using an imaging tool, trace particle or vapour detection tool, nuclear or radiation detection tool or other detection tool that permits the examination of goods without opening them. These Regulations come into force on the day on which they are registered.