Presentation of Persons (2003) Regulations

Presentation of Persons (2003) Regulations Whereas the annexed Presentation of Persons (2003) Regulations give effect, in part, to a public announcement made on December 3, 2001; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 11a, subsection 11.1(3)b and paragraphs 164(1)(b)c, (i)d and (j) and 167.1(b)e of the Customs Actf, hereby makes the annexed Presentation of Persons (2003) Regulations. S.C. 2001, c. 25, s. 10 S.C. 2001, c. 25, s. 11 S.C. 2001, c. 25, s. 85(1) S.C. 1992, c. 28, s. 30(1) S.C. 1992, c. 28, s. 31(1) R.S., c. 1, (2nd Supp.) Definitions The following definitions apply in these Regulations. Act means the Customs Act. (Loi ) authorization means an authorization, issued by the Minister under section 11.1 of the Act, for a person to present themself in an alternative manner. (autorisation) authorized person means a person to whom the Minister has issued an authorization. (personne autorisée) commercial driver means a person who operates a commercial highway conveyance. (routier) commercial goods means goods imported into Canada for sale or for any commercial, industrial, occupational, institutional or other like use. (marchandises commerciales) commercial highway conveyance means a conveyance designed for hauling freight on highways. (moyen de transport routier commercial) commercial passenger conveyance means a conveyance that is used to carry passengers who have paid for passage. (moyen de transport commercial de passagers) common-law partner means, in relation to a person, an individual who has cohabited with the person in a conjugal relationship for a period of at least one year. (conjoint de fait) corporate aircraft means an aircraft that is used for purposes related to the business affairs of a person, that does not carry passengers who have paid for passage and that has aboard on its arrival in Canada no more than 15 persons, including the crew. (aéronef d’affaires) designated customs office means a customs office designated under section 5 of the Act as a customs office where a person may present themself pursuant to section 11 of the Act, or in an alternative manner if the person is so authorized. (bureau de douane établi) designated holding area means an area designated by the President for the use of persons arriving in Canada who are in transit to another place in Canada or to a place outside Canada. (zone d’attente désignée) family member means, in relation to a person who is serving as a member of the Canadian or American armed forces in a foreign country or at a Canadian or American diplomatic mission or consular post in a foreign country, a spouse, common-law partner or dependent who is identified as such in the document confirming the mission or post. (membre de la famille) marine pleasure craft means a vessel, however propelled, other than a seaplane or other similar conveyance, that is used exclusively for pleasure and that does not carry passengers who have paid for passage. (embarcation de plaisance) non-commercial passenger conveyance means a conveyance that does not carry passengers who have paid for passage, and includes corporate aircraft, private aircraft and marine pleasure craft. (moyen de transport non commercial de passagers) parent in respect of a child, means a parent who, by operation of law, by virtue of a written agreement or under a court order, has custody or parental authority over the child. (parent) permanent resident of Canada means a permanent resident within the meaning of the Immigration and Refugee Protection Act. (résident permanent du Canada) private aircraft means an aircraft other than a corporate aircraft that does not carry passengers who have paid for passage and that has aboard on its arrival in Canada no more than 15 persons, including the crew. (aéronef privé) Exception Persons who arrive in Canada aboard a commercial passenger conveyance, who do not disembark in Canada and who have as their destination a place outside Canada are not required to present themselves in accordance with subsection 11(1) of the Act. Circumstances and conditions The following persons, in the following circumstances and conditions, are not required to present themselves in accordance with subsection 11(1) of the Act: persons who arrive in Canada aboard a commercial passenger conveyance if they do not disembark at the place of their arrival and have as their destination another place in Canada at which there is a designated customs office, and on arrival at their destination they present themselves without delay at that customs office or if the designated customs office is not open for business, at the nearest one that is open for business; persons who arrive in Canada aboard a commercial passenger conveyance if they are transferred under customs control from a designated holding area to another commercial passenger conveyance for departure to a place outside Canada and they do not leave the designated holding area except to board that other commercial passenger conveyance, or to another place in Canada and at which there is a designated customs office, and on arrival at that place they present themselves without delay at that customs office or, if it is not open for business, at the nearest designated customs office that is open for business; persons arriving in Canada aboard a non-commercial passenger conveyance at a designated customs office where the person in charge of the conveyance may present themself and their passengers by radio or telephone, and the person informs an officer by radio or telephone of their arrival and, if required to do so by the officer, presents themself and their passengers at the time and place specified by the officer; any crew member arriving in Canada aboard a freight train at a designated customs office where presentation may be done by radio or telephone, and the crew member informs an officer by radio or telephone of their arrival and, if required to do so by the officer, presents themself at the time and place specified by the officer; and any person entering Canadian waters, including the inland waters, or the airspace over Canada in circumstances in which none of paragraphs (a) to (d) applies, and who has as their destination a place in Canada at which there is a designated customs office, and on arrival at their destination they present themself without delay at that office. Condition — answer questions truthfully For greater certainty, every person who presents themself in accordance with any of paragraphs (2)(a) to (e) is required to answer truthfully any questions asked by an officer in the performance of the officer’s duties under the Act or any other Act of Parliament. Commercial passenger conveyances The person in charge of a commercial passenger conveyance arriving in Canada is not required to ensure that the following persons, in the following circumstances and conditions, are forthwith on arrival transported to a customs office as required by subsection 11(3) of the Act: passengers and crew who do not disembark in Canada and who have as their destination a place outside Canada, if only passengers or goods that have come from a designated holding area are taken aboard the conveyance while it is in Canada; passengers and crew who do not disembark at the place of arrival in Canada and who have as their destination another place in Canada at which there is a designated customs office, if only passengers or goods that have come from a designated holding area are taken aboard the conveyance while it is in Canada, and on arrival at their destination the passengers and crew present themselves without delay at that customs office or, if it is not open for business, at the nearest designated customs office that is open for business; passengers and crew who are transferred under customs control to another commercial passenger conveyance for departure to a place outside Canada and the passengers and crew comply with subparagraph 2(2)(b)(i); or to another place in Canada at which there is a designated customs office, and the passengers and crew comply with subparagraph 2(2)(b)(ii); and passengers and crew who arrive at a designated customs office where persons may present themselves by radio or telephone, and the person in charge of the commercial passenger conveyance notifies an officer by radio or telephone of the arrival of the conveyance and advises the officer of the number and names of the passengers and crew who disembark at the place, and if required to do so by an officer, ensures that the passengers and crew who disembark at the place are transported at the time and to the place specified by the officer for the purpose of presenting themselves and answering truthfully any questions asked by an officer in accordance with subsection 11(1) of the Act. Freight trains On the arrival in Canada of a freight train, the person in charge of it is not required to ensure that the crew members aboard it are forthwith transported to a customs office as is required by subsection 11(3) of the Act if those crew members arrive at a designated customs office where persons may present themselves by radio or telephone, and the person in charge of the freight train notifies an officer by radio or telephone of the arrival of the train and advises the officer of the number and names of the crew members who disembark at the place; and if required to do so by an officer, ensures that the crew members who disembark at the place are transported at the time and to the place specified by the officer for the purpose of presenting themselves and answering truthfully any questions asked by an officer in accordance with subsection 11(1) of the Act. Information to be provided — non-commercial passenger conveyance The person in charge of a non-commercial passenger conveyance, other than a marine pleasure craft, that will arrive in Canada who intends to present themselves and all other persons on board the conveyance by telephone to an officer at a designated customs office is required under subsection 12.1(1) of the Act to give the Agency the conveyance’s scheduled time and place of arrival in Canada and, if it is different, the conveyance’s place of final destination in Canada and scheduled time of arrival at that destination. Time and manner of providing information The person in charge of the conveyance shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the conveyance arrives in Canada. Information If required by an officer, the person in charge of a non- commercial passenger conveyance shall provide any information relating to the other persons aboard the non-commercial passenger conveyance; and notify an officer of the arrival of the conveyance in Canada. Change to information A person in charge of a conveyance who gives information in the circumstances set out in this section shall, before the conveyance arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change and the circumstances when the conveyance arrives in Canada. CANPASS Air program The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(a) if the person is a citizen or permanent resident of Canada, a citizen or permanent resident of the United States, or a citizen of another country and the following conditions are met: 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 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; is of good character; is not inadmissible to Canada under the Immigration and Refugee Protection Act or its regulations; 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; has provided true, accurate and complete information in respect of their application for the authorization; and 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: Canada or the United States, if the person is serving as a member of the American armed forces in a foreign country, that foreign country, 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 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. Paragraph (1)(f) does not apply to a citizen of Canada or the United States; 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 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: Canada and was adopted outside Canada by a citizen or permanent resident of Canada or born outside Canada to a citizen of Canada, or 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. Other CANPASS programs The Minister may issue an authorization to a person to present themself in an alternative manner described in paragraph 11(b), (c) or (e) if the person a citizen or permanent resident of Canada, or a citizen or permanent resident of the United States; [Repealed, SOR/2005-385, s. 6] 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; 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: if the person is serving as a member of the Canadian or American armed forces in a foreign country, that foreign country, if the person is a family member of a member of the Canadian or American armed forces serving in a foreign country, that foreign country, if the person is serving at a Canadian or American diplomatic mission or consular post in a foreign country, that foreign country, or NEXUS program (air, land and marine) The Minister may issue an authorization that is recognized in both Canada and the United States to a person, other than a commercial driver, to present themself in the alternative manners described in paragraph 11(a), subparagraph 11(d)(ii) and paragraph 11(e) if the person meets the requirements set out in paragraphs 5(1)(a) to (f), subject to subsection 5(2); [Repealed, SOR/2015-83, s. 7] has their eligibility to obtain an American authorization to present themself on arrival in the United States in the alternative manners described in paragraph 11(a), subparagraph 11(d)(ii) and paragraph 11(e) confirmed by the United States Department of Homeland Security; and provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them. [Repealed, SOR/2006-154, s. 4] Free and secure trade program (FAST) The Minister may issue an authorization that is recognized in both Canada and the United States to a commercial driver who operates or will be aboard a commercial highway conveyance to present themself at a land border crossing in an alternative manner described in subparagraph 11(d)(iii) at a designated customs office if the commercial driver meets the requirements set out in paragraphs 6(a) to (e); has their eligibility to obtain a dedicated commuter lane authorization from the United States Department of Homeland Security confirmed by that Department; provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them; is 18 years of age or older; and holds a valid driver’s licence. Commercial Driver Registration Program (CDRP) The Minister may issue an authorization to a commercial driver who operates or will be aboard a commercial highway conveyance to present themself at a land border crossing in an alternative manner described in subparagraph 11(d)(i) if the commercial driver Biometric data The Minister may require the following biometric data from the following persons for the following purposes: in the case of a person who applies for an authorization, a photograph of themself for the purposes of identifying them and authenticating the use of their authorization at any border crossing; and in the case of a person who applies for an authorization to present themself in an alternative manner described in paragraph 11(a), the image of their irises for the purposes of identifying them and authenticating the use of their authorization at a commercial airport. [Repealed, SOR/2008-27, s. 7] Application An application for the issuance, renewal or amendment of an authorization shall be made to the Minister in the prescribed form and manner and include the applicable fee set out in section 24. Application on behalf of child A person may apply for an authorization under section 5, 6 or 6.1 on behalf of a child who is under 18 years of age with respect to whom they are a parent, if every other parent and every other person who has custody or tutorship of the child under a court order consents to the application; or with respect to whom they have custody or tutorship under a court order, if every parent and every other person who has custody or tutorship of the child under a court order consents to the application. Application on behalf of adult A person may apply for an authorization under section 5, 6 or 6.1 on behalf of a person who is 18 years of age or more who has a mental or physical disability if the person who has the disability consents to the application or, if the person has been declared incompetent, a person who is legally authorized to act on the person’s behalf consents to the application. Passengers on corporate aircraft A person who is not an individual may apply for an authorization on behalf of an employee, contractor, consultant or other business associate of that person if the person conducts business in Canada or the United States and uses corporate aircraft to carry passengers into Canada for purposes related to its business. Exception — corporate aircraft A person in charge of a corporate aircraft may apply by telephone to an officer at a designated customs office for the issuance of an authorization on behalf of an individual who is or is expected to be aboard a corporate aircraft that is to arrive in Canada. An application under subsection (1) shall include, if available, the individual’s name, date of birth, citizenship and place of residence. Issue The Minister may issue an authorization to an individual described in subsection (1) if all of the following conditions are met: the individual meets the requirements set out in paragraphs 6(a) to (e); the individual is an employee, contractor, consultant or other business associate of the corporation that is using the aircraft and is travelling for purposes related to the business of the corporation; the person in charge of the corporate aircraft has not applied on behalf of more than four individuals; the person in charge of a corporate aircraft confirms to the Minister that the individual on whose behalf the application is made is aboard the aircraft and provided, at that time, the information described in subsection (2) if it had not been given previously; and the individual is accompanied on the corporate aircraft by another person who is authorized to present themself by means of the person in charge of the corporate aircraft. No issue after arrival No authorization may be issued after an aircraft has arrived in Canada. Authorized persons to have authorizations The Minister shall issue an authorization in writing to every person who has been authorized, other than an individual who receives an authorization under section 8. Duration An authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) and an authorization referred to in section 6.1 or 6.2 expire five years after the date of their issuance. [Repealed, SOR/2006-154, s. 9] An authorization issued under section 8 may be used only once by the individual who is authorized to present themself by means of the person in charge of the corporate aircraft. An authorization referred to in section 6.21 expires four years after the date of its issuance. An authorization referred to in section 5 to present oneself in an alternative manner described in paragraph 11(a) expires one year after the date of its issuance. Alternative manners Persons may present themselves in one of the following alternative manners if they have been authorized to do so: on arrival in Canada aboard a commercial aircraft at a commercial airport that is a designated customs office, by means of an electronic device; on arrival in Canada aboard a private aircraft at a public airport that is a designated customs office, by means of the person in charge of the aircraft if that person presents themself and those persons aboard by telephone to an officer at a designated customs office and all persons aboard the aircraft are authorized to present themselves in that manner; on arrival in Canada aboard a corporate aircraft at a public airport that is a designated customs office, by means of the person in charge of the aircraft, if that person presents themself and those persons aboard by telephone to an officer at a designated customs office and all persons aboard the aircraft are authorized to present themselves in that manner; on arrival in Canada at a land border crossing, if they are commercial drivers who are operating or aboard a commercial highway conveyance, by means of an electronic device at a designated customs office, if they are operating or aboard a conveyance, by means of an electronic device at a designated customs office if every person aboard the conveyance is authorized to present themself in that manner, or if they are commercial drivers who are operating or aboard a commercial highway conveyance, by means of an electronic device at a designated customs office if every person aboard the conveyance is authorized to present themself in that manner; and on arrival in Canada aboard a marine pleasure craft, by means of the person in charge of the marine pleasure craft if that person presents themself and those persons aboard by telephone to an officer at a designated customs office and all persons aboard the marine pleasure craft are authorized to present themselves in that manner. Carrying of Authorization Every authorized person, other than a person whose authorization was issued under section 8, shall carry their authorization on their person when presenting themself in an alternate manner, and shall show it to an officer if so requested. Conditions of authorizations No authorized person shall transfer or assign their authorization; permit another person to use their authorization; use or attempt to use their authorization if it is expired, suspended or cancelled; or use or attempt to use their authorization to present themself in a manner that is not authorized. Loss or theft Every authorized person whose authorization is lost or stolen shall, without delay, inform the Minister of the loss or theft. Condition — commercial goods belonging to person An authorization issued to a person to present themself in an alternative manner described in paragraph 11(a) or subparagraph 11(d)(i) or (iii) is only valid if, on arrival in Canada, the person does not have any commercial goods in their actual possession or in their baggage. Condition — commercial goods on board a conveyance An authorization issued to a person to present themself in an alternative manner described in paragraph 11(b) or (c), subparagraph 11(d)(ii) or paragraph 11(e) is only valid if there are no commercial goods on board the conveyance that the person uses to arrive in Canada. Information to be provided — aircraft The person in charge of a corporate aircraft or private aircraft that will arrive in Canada who intends to present themselves and all other authorized persons on board the aircraft in an alternative manner described in paragraph 11(b) or (c) is required under subsection 12.1(1) of the Act to give the Agency the aircraft’s scheduled time and place of arrival in Canada and, if it is different, the aircraft’s final place of destination in Canada and scheduled time of arrival at that destination. The person in charge of the aircraft shall give the information by telephone to an officer at a designated customs office at least two but no more than 48 hours before the aircraft arrives in Canada. If required by an officer, the person in charge of the corporate aircraft or private aircraft shall provide any information relating to the other persons aboard the aircraft; and notify an officer of the arrival of the aircraft in Canada. [Repealed, SOR/2005-385, s. 12] Information to be provided — marine pleasure craft The person in charge of a marine pleasure craft that will arrive in Canada who intends to present themselves and all other authorized persons on board the marine pleasure craft in the alternative manner described in paragraph 11(e) is required under subsection 12.1(1) of the Act to give the Agency the marine pleasure craft’s scheduled time and place of arrival in Canada and, if it is different, the marine pleasure craft’s final place of destination in Canada and scheduled time of arrival at that destination. The person in charge of the marine pleasure craft shall give the information by telephone to an officer at a designated customs office at least 30 minutes but no more than four hours before the marine pleasure craft arrives in Canada. Any information required by an officer relating to any person aboard the marine pleasure craft shall also be provided at that time. A person in charge of a conveyance who gives information in the circumstances set out in section 15 or 17 shall, before the conveyance arrives in Canada, notify an officer at a designated customs office by telephone of any change to the information given unless there are emergency circumstances, in which case they shall notify an officer at a designated customs office of the change and the circumstances when the conveyance arrives in Canada. Obligation to wait Every authorized person who is aboard a corporate aircraft, a private aircraft or a marine pleasure craft, and who intends to present themself in an alternative manner, shall remain at the place of their arrival in Canada until the time of arrival that was stated in their advance notification under section 15, 16 or 17, as the case may be; or an earlier time if an officer authorizes them to leave the place of arrival. At request of authorized person On application, the Minister may amend an authorization to change the authorized person’s address; to change the name of the authorized person; to add or remove a conveyance to which the authorization applies; or to change the authorized person’s citizenship. By Minister On application, the Minister may renew an authorization if at the time of the application, the authorized person meets the requirements for the issuance of the authorization; the application is made before the authorization has expired; and the applicable fee set out in section 24 is paid. Grounds The Minister may suspend or cancel an authorization if the person no longer meets the requirements for the issuance of the authorization; has contravened the Act, the Customs Tariff, the Export and Import Permits Act or the Special Import Measures Act, or any regulations made under any of those Acts; or has provided information that was not true, accurate or complete for the purposes of obtaining an authorization. [Repealed, SOR/2006-154, s. 15] Notice of suspension or cancellation Immediately after cancelling or suspending an authorization of a person, the Minister shall send written notice of, and the reasons for, the cancellation or suspension to the person at their latest known address. Return of authorization A person whose authorization is cancelled or suspended shall on receiving a notice under subsection (3), immediately and in accordance with it, return to the Minister the written authorization and any other thing relevant to the authorization that is specified in the notice; or on being advised of the suspension or cancellation in person by an officer, immediately return to the officer the written authorization and any other thing relevant to it that is specified by the officer. Effective date of suspension or cancellation The suspension or cancellation of an authorization becomes effective on the earlier of the day on which an officer advises in person of the suspension or cancellation and 15 days after the day on which notice of the suspension or cancellation is sent. Review A person whose application for an authorization is rejected or whose authorization is suspended or cancelled may request a review of the decision by sending written notice of their request to the Minister within 30 days after the day on which the application was rejected or the cancellation or suspension becomes effective. NEXUS program The fee for the issuance or renewal of an authorization referred to in section 6.1 is US$120. FAST program The fee for the issuance or renewal of an authorization referred to in section 6.2 is US$50. Certain CANPASS programs The fee for the issuance or renewal of an authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) is $40. The fee for the issuance or renewal of an authorization referred to in section 5 to present oneself in an alternative manner described in paragraph 11(a) is $50. Other authorizations The fee for the issuance or renewal of any other authorization is $25 per year. Children under 18 years of age A child who is under 18 years of age on the day on which they make their application for an authorization is not required to pay a fee under this section if the application is for an authorization referred to in section 6.1 and any parent of the child, or any other person who has custody or tutorship of the child under a court order, holds or is applying for an authorization referred to in that section; or the application is for an authorization other than one referred to in section 6.1. CDRP program There is no fee for the issuance or renewal of an authorization referred to in section 6.21. [Amendment] [Repeal] Coming into force Subject to subsection (2), these Regulations come into force on the day on which they are registered. Retroactive effect — deemed in force Section 1 — except for the definitions Act, commercial passenger conveyance, designated holding area and non-commercial passenger conveyance — and Part 2 and section 25 are deemed to come into force on December 3, 2001.