Preclearance in Canada Regulations

Preclearance in Canada Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness and the Minister of Transport, makes the annexed Preclearance in Canada Regulations pursuant to section 4.71a of the Aeronautics Actb; S.C. 2004, c. 15, s. 5 R.S., c. A-2 paragraph 133(b) and subparagraph 133(h)(i) of the Customs Tariffc; S.C. 1997, c. 36 subsection 5(1) of the Immigration and Refugee Protection Actd; and S.C. 2001, c. 27 section 43 of the Preclearance Act, 2016e. S.C. 2017, c. 27 Definitions The following definitions apply in these Regulations. Act means the Preclearance Act, 2016. (Loi) Minister, in relation to a preclearance area or preclearance perimeter, means the Minister with the authority to designate that preclearance area or preclearance perimeter under sections 6 to 8 of the Act. (ministre) operator means an entity, other than the Government of Canada or the Government of the United States, responsible for the operation of a facility and includes a terminal operator. (exploitant) Authorized persons For the purposes of paragraph 17(d) of the Act, the following persons may enter a preclearance area: the holder of an access pass — issued under these Regulations by or under the authority of an operator of a facility and entitling the holder to have access during a specified period to the preclearance area — who must enter the preclearance area in order to perform the functions of their employment; a person who is authorized by the preclearance officer to enter the preclearance area; a person who is authorized to administer or enforce Canadian law who must enter the preclearance area for that purpose; and a provider of emergency services who must enter the preclearance area in the performance of their duties. Notification and surveillance For the purposes of paragraph 17(e) of the Act, the operator of a facility must in the case of a person that they have authorized to enter the preclearance area in order to perform urgent repair, notify a preclearance officer of that entry and ensure the constant surveillance of the person while they are in the area; and in the case of any other person that they have authorized to enter the preclearance area, give a preclearance officer reasonable notice of the entry and ensure the constant surveillance of the person while they are in the area. Application — eligibility A person is eligible to submit an application for access clearance if the following conditions are met: they are employed and must, in accordance with paragraph 2(1)(a), enter a preclearance area to perform the functions of their employment or is applying for such employment; they have no judicial record of a conviction in the five years prior to the date of application, for an offence committed in Canada referred to in Schedule 1, unless a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence, no judicial record of a conviction, in the 10 years prior to the date of application, for an offence committed in Canada referred to in Schedule 2, unless a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence, or no judicial record of a conviction for an offence committed in the United States in the five or 10 years prior to the date of application that, if it had occurred in Canada, would constitute an offence referred to in subparagraph (i) or (ii), respectively, unless the equivalent of a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence; in the case where they hold a valid access clearance, that clearance expires within 12 months after the date of application; in the case where they must access a restricted area set out by or under an Act of Parliament in order to enter a preclearance area, or must enter a preclearance area that overlaps a restricted area, they have the relevant security clearance to enter the restricted area or have applied for that clearance; and a security clearance referred to in paragraph (d) or an access clearance granted to them under these Regulations is not suspended on the date of the application or was not revoked in the five years prior to the date of the application and no application in respect of that security clearance or access clearance has been refused during that period. Required information and documents An application for access clearance must include the following information and documentation: the applicant’s usual given name, other given names, surname, all other names used and details of any name changes; the applicant’s date of birth, gender, height and eye colour; if the applicant was born in Canada, the number and province of issue of their birth certificate and a copy of that certificate; if the applicant was born outside Canada, their place of birth, the port and date of entry into Canada, and, in the case of a naturalized Canadian or permanent resident, the number, date of issue and a copy of the applicable certificate issued under the Citizenship Act or the Immigration and Refugee Protection Act; in the case of a foreign national, a copy of any document that is evidence of their status in Canada, and a copy of the applicant’s judicial record for the five years prior to the date of application, except where a record suspension or its equivalent has been ordered; the number, country of issue and expiry date of the applicant’s passport, or an indication that the applicant does not have a passport; the addresses of all locations at which the applicant resided during the five years preceding the date of application; an identification of the applicant’s activities during the five years preceding the date of application, including the names and street addresses of the applicant’s employers and any post-secondary educational institutions attended; the dates, destination and purpose of any travel of more than 90 days outside Canada or the United States, excluding travel for government business, during the five years preceding the date of application; the information referred to in subsection (2) respecting the applicant’s spouse or common-law partner and, if applicable, any former spouses or common-law partners; the applicant’s facial image and fingerprints, taken by the operator or the Minister; a statement signed by the person responsible for taking the applicant’s facial image and fingerprints of the applicant certifying that, at the time of the taking of the facial image and fingerprints, they confirmed the identity of the applicant by means of a valid photo-bearing identification issued by the Government of Canada, the government of any province, territory or municipality in Canada or a valid passport; an attestation signed by the applicant indicating that they meet the condition set out in paragraph 2.01(b); and a statement signed by or on behalf of the operator certifying that the applicant meets the conditions set out in paragraphs 2.01(a), (c) and (d). Spouse or common-law partner The information required with respect to any of the persons referred to in paragraph (1)(j) must be in the case of the applicant’s spouse or common-law partner their gender, full given name, surname and, if applicable, surname at birth, their date and place of birth and, if applicable, date of death, if they were born in Canada, the number and province of issue of their birth certificate, if they were born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and their present address, if known; and in the case of former spouses and common-law partners with whom the relationship ended within the preceding five years, the information referred to in subparagraphs (a)(i), (ii) and (v). Signature The application for access clearance is valid only if signed by the applicant or, in the case of an applicant who is a minor under the laws of the province where they reside, by a parent, guardian or tutor. Definition of common-law partner In this section, common-law partner means any person who is cohabiting with the applicant in a relationship of a conjugal nature and has done so for a period of at least one year. Submission An applicant must submit their application for access clearance in a manner specified by the Minister. Inadmissibility The Minister may determine an application to be inadmissible if it does not contain the information or documents set out in section 2.02 or if it is submitted by an applicant who does not meet the conditions set out in section 2.01. Notice When the Minister determines an application for access clearance to be inadmissible, the Minister must notify the applicant in writing of the determination, including any reasons for the determination. Outstanding charge If the application is inadmissible because the applicant has an outstanding charge for an offence referred to in paragraph 2.01(b), the notice must specify that the applicant may present a new application after the charge has been disposed of otherwise than by a conviction. Granting The Minister may grant access clearance to a person who submits an application that is admissible if the Minister has no reasonable grounds to suspect that the person poses a risk to border security and integrity. Factors to consider In making a decision under subsection (1), the Minister must consider the relevant factors in assessing the risks to border security and integrity, including the safety and security of persons in the preclearance area; the safety and security of a conveyance destined for the United States, its passengers and persons operating and maintaining the conveyance; the integrity of measures designed to prevent unauthorized entry of persons or goods into a preclearance area; the ability of a preclearance officer to exercise their powers and the performance of duties and functions; the ability of a border services officer to exercise their powers and the performance of duties and functions; the history of the applicant’s involvement in acts of violence against persons or property, any activity of a criminal organization, criminal activity or offence related to border security, including trafficking in a controlled substance, firearms, counterfeit goods or currency, trafficking in or smuggling of persons, and terrorism, and any transnational criminality, including cybercrime, economic crimes or criminal activity involving the use of a computer; the applicant’s association with a person who is known to be involved in activities or is a member of a group set out in paragraph (f); and any reasonable grounds to suspect that the applicant may be induced to commit an act or to assist or abet any person to commit an act that might constitute a risk to border security and integrity. Refusal — fraudulent, false or misleading information The Minister may refuse to grant access clearance if the Minister has reasonable grounds to believe that, in the five years prior to the date of application, the applicant has submitted fraudulent, false or misleading information in an application for access clearance or security clearance with the Government of Canada. Refusal — unreliable or insufficient information The Minister may refuse to grant access clearance if, in the opinion of the Minister, the information available to the Minister is not verifiable, reliable or sufficient to determine the risk to the security and integrity of the border. Notice — intention If the Minister intends to refuse to grant access clearance, the Minister must notify the applicant in writing. Written representations The notice must set out the reasons for the Minister’s intention and provide the applicant with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent. Consideration The Minister must not refuse to grant access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first. Notice — refusal The Minister must notify the applicant in writing of a refusal. Notice — granting The Minister must notify the applicant or the operator of a decision to grant access clearance and specify its expiry date. Validity period An access clearance is valid until the end of the five-year period from the day on which the verifications set out in section 2.11 have concluded or, if applicable, the expiry date of the security clearance referred to in paragraph 2.01(d), whichever is earlier. Operator — information sharing The Minister must provide an operator with the information necessary to control access to the preclearance area. Access clearance — suspension The Minister may suspend access clearance on receipt of information that could change the Minister’s determination to grant access clearance to a preclearance area. Notice — suspension Immediately after suspending an access clearance, the Minister must notify the holder in writing of the suspension. The notice must set out the reasons for the suspension and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent. Reinstatement The Minister may reinstate the access clearance if there are no reasonable grounds to suspect that the holder poses a risk to border security and integrity. Suspension — effect If an access clearance is suspended and subsequently reinstated, the end of the validity period remains the same as that established at the time of its issue. Access clearance — revocation The Minister may revoke an access clearance if the Minister determines that the holder may pose a risk to border security and integrity; or is ineligible under any of paragraphs 2.01(b), (d) and (e). If the Minister intends to revoke an access clearance, the Minister must, notify the holder in writing. The notice must set out the reasons for the revocation and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent. The Minister must not revoke an access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first. Notice — revocation The Minister must notify the holder in writing of the decision. Verifications In making decisions under these Regulations, the Minister may conduct verifications, including verifying the applicant’s judicial record; information held by Canadian and foreign law enforcement agencies, border services agencies, intelligence services or the Department of Transport; if the applicant was born outside Canada, their immigration and citizenship status. Notice to operator The Minister must immediately notify the relevant operator of a decision that suspends or revokes an access clearance or that reinstates that clearance. New application If the Minister revokes or refuses to grant an access clearance, an applicant may submit a new application only if a period of five years has passed since the day on which the access clearance was revoked or refused; or a significant change in circumstances or a new fact is discovered that could have warranted a different decision. Non-disclosure The reasons included in the decisions provided to the applicant or holder under these Regulations must not contain any information whose disclosure could be injurious to Canada’s national security, to ongoing or prospective law enforcement or intelligence operations or investigations, or that might reveal sensitive means and methods related to such operations, investigations, or the collection of intelligence. Issue On receiving a notice from the Minister that a person has been granted access clearance, an operator may issue an access pass to that person. Confirmation of identity Before issuing an access pass, the operator must confirm the identity of the person by means of a valid photo-bearing identification issued by the Government of Canada, the government of any province, territory or municipality in Canada or a valid passport. Access pass — content An access pass must display the complete name of the facility; the full name of the holder of the access pass; a photo of the holder of the access pass; a unique number; an expiry date that does not exceed the expiry date of the access clearance of the holder; and a visual indicator that distinguishes an access pass from any other pass used in the facility. Obligations of holder A holder of an access pass must only use it to perform the functions of their employment and must, when doing so, display it in such a way that their photo is visible at all times. Loss or theft A holder of an access pass must notify the operator immediately of the loss or theft of their access pass. Return of access pass — holder A holder of an access pass must return their pass to the operator when they no longer require access to the preclearance area. Return of access pass — anyone Any person who possesses an access pass must, if requested by the operator, a law enforcement agent, a border services officer or the Minister, return the pass to the requester. Prohibition It is prohibited to loan or give an access pass to a person who is not the holder of that pass; have or use an access pass that is issued to another person; provide another person with access to or assistance in entering a preclearance area, unless that person is expressly authorized to do so; alter or tamper with an access pass; make or reproduce an access pass; and use a counterfeit access pass. Citizen under the age of 16 For the purposes of paragraph 18(1)(a) of the Act, a traveller bound for the United States by any mode of transportation other than air does not require identification that contains their photograph if they are a Canadian citizen under the age of 16. Obligations under subsection 18(3) of the Act For the purposes of subsection 18(3) of the Act, a person must, if directed by a preclearance officer, report to a preclearance officer, identify themselves and state their reason for being in a preclearance area; and leave a preclearance area if they are not authorized to be there. Armed police officer The operator of a facility must, if preclearance officers are not permitted to be armed in a preclearance area or in a preclearance perimeter, ensure the continuous presence of at least one armed police officer in the facility during the hours in which preclearance activities are ongoing. Patrols and response The operator of the facility must ensure that the armed police officer makes regular patrols within the preclearance areas and preclearance perimeters in which preclearance officers are not permitted to be armed and responds rapidly and in person to any emergency calls from, or alarms activated by, a preclearance officer. Inform in writing A traveller who elects under section 26.1 of the Act to inform the Canadian senior officials of the Preclearance Consultative Group of any situation referred to in sections 22, 23 and 24, subsection 31(2) and section 32 of the Act must do so in writing. Transfer of certain seized goods A preclearance officer must, as soon as feasible after seizing any of the following goods under subsection 34(1) or (3) of the Act, transfer them for disposal to a peace officer or a person who is authorized to enforce a relevant Act of Parliament: goods that are subject to the public health, food inspection or plant and animal health laws of either Canada or the United States; goods that are, or contain, nuclear substances as defined in section 2 of the Nuclear Safety and Control Act; and goods that are dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992. Notice to traveller The preclearance officer must immediately give to the traveller a written notice advising them of the following: that the goods are seized under subsection 34(1) or (3) of the Act; the reasons for the seizure; and that the goods will be transferred for disposal as soon as feasible to a person who is authorized to administer or enforce a relevant Act of Parliament. Notice to traveller — other seized goods A preclearance officer who, under subsection 34(1) or (3) of the Act, seizes goods other than goods described in paragraphs 7(1)(a) to (c) of these Regulations must immediately give to the traveller a written notice advising them of the following: the reasons for the seizure; if applicable, the requirements under the laws of the United States that must be complied with before the goods may be imported into the United States; and if applicable, the steps that must be taken in order to avoid forfeiture of the goods to the Government of the United States. Transfer of detained goods A preclearance officer must, as soon as feasible after detaining, under subsection 34(2) of the Act, any of the goods described in paragraphs 7(1)(a) to (c) of these Regulations, transfer the goods to a peace officer or a person who is authorized to enforce a relevant Act of Parliament. [Amendments] The following Regulations are repealed: the Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act)6; SOR/2002-145 the Regulations Excluding Certain Things from the Definition of “Goods” under the Preclearance Act7; SOR/2002-146 the Passenger Information Regulations (Preclearance Act)8; and SOR/2002-147 the Regulations Designating Persons and Categories of Persons — Other Than Travellers Destined for the United States — Who May Enter a Preclearance Area9. SOR/2002-148 These Regulations come into force on the day on which the Preclearance Act, 2016, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. [Note: Regulations in force August 15, 2019.] Subsection 7.3(1) (prohibitions) Subsection 7.41(1) (prohibition — unruly or dangerous behaviour) Subsection 57(1) (forgery of or uttering forged passport) Subsection 57(2) (false statement in relation to passport) Subsection 58(1) (fraudulent use of certificate of citizenship) Section 87 (pointing a firearm) Section 90 (carrying a concealed weapon) Subsection 91(1) (unauthorized possession of firearm) Subsection 91(2) (unauthorized possession of prohibited or restricted weapon) Section 93 (possession at unauthorized place) Section 94 (unauthorized possession in motor vehicle) Section 107 (false statements) Section 130 (personating a peace officer) Subsection 131(1) (perjury) Subsection 136(1) (witness giving contradictory evidence) Section 137 (fabricating evidence) Subsection 139(2) (obstructing justice) Subsection 140(1) (public mischief) Section 153.1 (sexual exploitation of person with disability) Subsection 333.1(1) (motor vehicle theft) Subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted) Subsection 333.1(4) (motor vehicle theft for criminal organization) Subsection 333.2(1) (possession of device to commit theft) Subsection 333.2(2) (distribution of device linked to theft) Paragraph 334(a) (theft of property with a value exceeding $5,000) Section 342 (theft, forgery, etc. of credit card) Section 342.01 (instruments for copying, forging or falsifying credit cards) Subsection 342.1(1) (unauthorized use of computer) Subsection 342.2(1) (possession of device to obtain unauthorized use of computer system or to commit mischief) Subsection 354(1) (possession of property obtained by crime) Section 355.2 (trafficking in property obtained by crime) Section 355.4 (possession of property obtained by crime for the purpose of trafficking) Subsection 366(1) (forgery) Subsection 368(1) (use, trafficking or possession of forged document) Section 368.1 (forgery instruments) Section 369 (exchequer bill paper, public seals, etc.) Section 374 (drawing document without authority, etc.) Section 375 (obtaining, etc. by instrument based on forged document) Subsection 376(1) (counterfeiting stamp, etc.) Subsection 376(2) (counterfeiting mark) Paragraph 380(1)(a) (fraud) Subsection 402.2(1) (identity theft) Subsection 402.2(2) (trafficking in identity information) Subsection 403(1) (identity fraud) Subsection 430(3) (mischief relating to property with value over $5,000) Subsection 430(5) (mischief relating to computer data) Subsection 436(1) (arson by negligence) Section 463 (attempts and accessories), to the extent that the offence is related to an indictable offence referred to in this schedule Section 464 (counselling offence that is not committed), to the extent that the offence is related to an indictable offence referred to in this schedule) Section 465 (conspiracy), to the extent that the offence is related to an indictable offence referred to in this schedule Offences listed in Schedule 1 of that Act, except those listed in subparagraphs 1(a)(xvi.1), (xvi.2), (xvi.3) and (xvi.6) Section 153.1 (interfering with or hindering an officer) Section 159 (smuggling goods into and out of Canada) Subsection 4(1) (possession of substance) Subsection 4(2) (obtaining substance) Subsection 122(1) (documents) Section 124 (general contraventions) Section 126 (counselling misrepresentation) Section 127 (misrepresentation) Section 129 (offences relating to officers) Section 131 (counselling offence) Section 38 (obstruction) Paragraph 8(1)(a) (possession over 30 g) Subsection 9(1) (distribution) Subsection 46(1) (high treason) Subsection 46(2) (treason) Section 52 (sabotage) Subsection 74(2) (piracy by law of nations) Section 75 (piratical acts) Section 76 (hijacking) Section 77 (endangering safety of aircraft or airport) Subsection 78(1) (offensive weapons and explosive substances) Subsection 78.1(1) (seizing control of ship or fixed platform) Section 80 (breach of duty ) Subsection 81(1) (use of explosives) Subsection 82(1) (possession of explosives) Subsection 82(2) (possession in association with criminal organization) Section 82.3 (possession, etc. of nuclear material, radioactive material or device) Section 82.4 (use or alteration of nuclear material, radioactive material or device) Section 82.5 (commission of indictable offence to obtain nuclear material, etc.) Section 82.6 (threats) Section 83.02 (providing or collecting property to be used to carry out terrorism) Subsection 83.03(1) (providing, making available, etc., property or services for terrorist purposes) Subsection 83.03(2) (providing, making available, etc., property or services — use by terrorist group) Section 83.04 (using or possessing property for terrorist purposes) Section 83.12 (offences – freezing of property, disclosure or audit ) Subsection 83.18(1) (participating in activity of terrorist group) Section 83.181 (leaving Canada to participate in activity of terrorist group) Subsection 83.19(1) (facilitating terrorist activity) Section 83.191 (leaving Canada to facilitate terrorist activity) Section 83.2 (committing of offence for terrorist group) Section 83.201 (leaving Canada to commit offence for terrorist group) Section 83.202 (leaving Canada to commit offence that is terrorist activity) Subsection 83.21(1) ( instructing to carry out activity for terrorist group) Subsection 83.22(1) (instructing to carry out terrorist activity) Subsection 83.221(1) (counselling commission of terrorism offences) Subsection 83.23(1) (harbouring a terrorist) Subsection 83.23(2) (harbouring someone likely to carry out terrorist activity) Subsection 83.231(1) (terrorism-related hoax) Subsection 83.231(3) (terrorism-related hoax causing bodily harm) Subsection 83.231(4) (terrorism-related hoax causing death) Section 85 (using firearm in commission of offence) Section 88 (possessing a weapon for a dangerous purpose) Subsection 92(1) (possessing a firearm knowing its possession is unauthorized) Subsection 92(2) (possessing a prohibited weapon, device or ammunition knowing its possession is unauthorized) Section 95 (possession of prohibited or restricted firearm with ammunition) Section 96 (possession of weapon obtained by commission of offence) Section 98 (breaking and entering to steal a firearm) Section 98.1 (robbery to steal a firearm) Section 99 (weapons trafficking) Section 100 (possession for the purpose of weapons trafficking) Section 101 (transfer without authority) Section 102 (making an automatic firearm) Subsection 102.1(1) (possession of computer data) Subsection 102.1(2) (distribution of computer data) Section 103 (importing or exporting knowing it is unauthorized) Section 104 (unauthorized importing or exporting) Section 108 (tampering with serial number) Subsection 117.01(1) (possession contrary to order) Subsection 117.01(2) (failure to surrender authorization, etc.) Section 220 (causing death by criminal negligence) Section 221 (causing bodily harm by criminal negligence) Section 235 (murder) Section 236 (manslaughter) Subsection 238(1) (killing of unborn child in act of birth) Subsection 239(1) (attempt to commit murder) Section 240 (accessory after the fact to murder) Subsection 240.1(1) (removal without informed consent) Subsection 240.1(2) (financial transaction) Section 244 (discharging firearm with intent) Section 244.1 (causing bodily harm with intent — air gun or pistol) Section 244.2 (reckless discharge of firearm) Section 245 (administering noxious thing) Section 267 (assault with a weapon or causing bodily harm) Section 268 (aggravated assault) Section 269 (unlawfully causing bodily harm) Section 269.1 (torture) Subsection 270(1) (assaulting a peace officer) Section 270.01 (assaulting a peace officer with weapon or causing bodily harm) Section 270.02 (aggravated assault on a peace officer) Section 270.1 (disarming a peace officer) Section 271 (sexual assault) Section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) Section 273 (aggravated sexual assault) Subsection 279(1) (kidnapping) Subsection 279(2) (forcible confinement) Subsection 279.01(1) (trafficking in persons) Section 279.011 (trafficking in persons under 18 years) Subsection 279.02(1) (benefiting from trafficking in persons) Subsection 279.02(2) (benefiting from trafficking in persons under 18 years) Subsection 279.03(1) (withholding or destroying documents – trafficking ) Subsection 279.03(2) (withholding or destroying documents – trafficking of persons under 18 years) Subsection 279.1(2) (hostage taking) Section 280 (abduction of person under 16 years) Section 281 (abduction of person under 14 years) Subsection 282(1) (abduction in contravention of custody or parenting order) Subsection 283(1) (abduction) Subsection 286.3(2) (procuring – person under 18 years) Section 343 (robbery) Section 346 (extortion) Subsection 430(2) (mischief causing actual danger to life) Section 431 (attack on premises, residence or transport of internationally protected person) Section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel) Section 433 (arson – disregard for human life) Section 434 (arson – damage to property) Section 434.1 (arson – own property) Subsection 435(1) (arson for fraudulent purpose) Section 436.1 (possession of incendiary material) Section 467.11 (participating in activities of criminal organization) Section 467.111 (recruitment for a criminal organization) Section 467.12 (offence for criminal organization) Section 467.13 (instructing to commit offence for criminal organization) Subsection 4(1) (wrongful communication, etc. of information) Subsection 4(2) (communication of sketch, plan, model, etc.) Subsection 4(3) (receiving code word, sketch, etc.) Subsection 4(4) (retaining or allowing possession of document) Subsection 5(1) (unauthorized use of uniforms; falsification of reports, forgery, personation and false documents) Subsection 5(2) (unlawful dealing with dies, seals, etc.) Section 6 (approaching, entering, etc. a prohibited place) Section 7 (interference) Section 14 (unauthorized communication of special operational information) Subsection 16(1) (communicating safeguarded information) Subsection 16(2) (communicating safeguarded information) Section 17 (communicating special operational information) Subsection 18(1) (breach of trust in respect of safeguarded information) Subsection 19(1) (use of trade secret for the benefit of foreign economic entity) Subsection 20(1) (intimidation, threats or violence) Section 20.1 (intimidation, threats or violence outside Canada) Subsection 20.2(1) (committing indictable offence for foreign entity) Subsection 20.3(1) (engaging in surreptitious or deceptive conduct) Subsection 20.4(1) (influencing political or governmental process) Subsection 21(1) (concealing person who carried out offence) Subsection 21(2) (concealing person who is likely to carry out offence) Subsection 22(1) (preparatory acts) Section 23 (conspiracy, attempts, etc.) Subsection 5(1) (trafficking in substance) Subsection 5(2) (possession for purpose of trafficking) Subsection 6(1) (importing and exporting substances) Subsection 6(2) (possession for the purpose of exporting) Subsection 7(1) (production of substance) Section 7.1 (possession, sale, etc. for use in production of or trafficking in substance) Subsection 117(2) (smuggling into Canada — fewer than 10 persons) Subsection 117(3) (smuggling into Canada — 10 persons or more) Subsection 118(1) (trafficking in persons) Section 119 (disembarking persons at sea) Subsection 9(2) (possession for the purpose of distribution) Subsection 10(1) (selling) Subsection 10(2) (possession for purpose of selling) Subsection 11(1) (importing and exporting) Subsection 11(2) (possession for purpose of exporting) Subsection 13(1) (possession, etc., for use in production or distribution of illicit cannabis) Section 14 (use of young person), to the extent that the offence is related to an offence under subsection 13(1) A person who, immediately before the day on which these Regulations come into force, has access to a preclearance area and holds a valid security clearance granted under section 4.8 of the Aeronautics Act or a valid transportation security clearance granted under section 509 of the Marine Transportation Security Regulations may continue to enter a preclearance area of a facility at which preclearance operations are underway immediately before the day on which these Regulations come into force until the earlier of the expiry and revocation of the relevant security clearance. A person who, immediately before the day on which these Regulations come into force, has submitted an application for a security clearance under section 4.8 of the Aeronautics Act or a transportation security clearance under section 509 of the Marine Transportation Security Regulations and who has access to a preclearance area at a facility at which preclearance operations are underway immediately before that day may continue to have access to that preclearance area until the earlier of the day on which they receive a notice that their application for security clearance or transportation security clearance has been refused and the end of the 60-day period that begins on that day. A person referred to in subsection (2) who receives access clearance no later than 60 days after the day on which these Regulations come into force may continue to enter a preclearance area under subsection (1). Subsections (1) and (2) do not apply if the Minister, as defined in section 1 of the Preclearance in Canada Regulations, suspends or revokes access in the same manner or for the same reasons as set out in section 2.09 or 2.1, respectively, of those Regulations. The Regulations are amended by adding the following after section 2: [In force] Deactivation and collection An operator must immediately deactivate and collect an access pass that is lost or stolen, to the extent possible; the access pass of a holder who no longer has access clearance to a preclearance area; or the access pass that was used to carry out a prohibited activity under section 2.18. Destruction The operator must destroy an access pass two years from the day on which the pass is collected or, in the case of paragraph (1)(b), 60 days from the day on which it is collected. Reporting After deactivating and collecting an access pass under paragraph 2.19(1)(a) or (c), an operator must prepare an incident report containing the following information: the date, time and location of the incident; the names of the persons involved; the information on the access pass; and the date and time of and reasons for the deactivation, collection and destruction of the access pass. Transmission The operator must immediately transmit the incident report referred to in subsection (1) to the Minister. Records The operator must keep records of the following information and provide them to the Minister on request: a list of the access passes issued and for each access pass, the information referred to in subsection 2.15(3); and the incident reports referred to in subsection 2.2(1). Retention period The operator must retain the records until the latest of five years after the day on which an access pass expires, an operator deactivates, collects or destroys an access pass, and the Minister suspends or revokes an access clearance. Application Sections 2.19 to 2.21 apply to an access pass that is also a restricted area pass as defined in section 3 the Canadian Aviation Security Regulations, 2012 or by subsection 1(1) of the Marine Transportation Security Regulations only to the extent that no equivalent rules exist in either of those Regulations.