Passenger Information (Customs) Regulations

SOR/2003-219

Registration 12 June, 2003

CUSTOMS ACT

Passenger Information (Customs) Regulations

P.C. 2003-908 12 June, 2003

Whereas the annexed Passenger Information (Customs) Regulations give effect to a public announcement made on October 4, 2002;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 107.1^a and paragraphs 164(1)(i)^b and 167.1(b)^c of the Customs Act^d, hereby makes the annexed Passenger Information (Customs) Regulations.

^a S.C. 2001, c. 25, s. 61^b S.C. 1992, c. 28, s. 30(1)^c S.C. 1992, c. 28, s. 31(1)^d R.S., c. 1 (2nd Supp.)

PASSENGER INFORMATION (CUSTOMS) REGULATIONS

Interpretation

1. The following definitions apply in these Regulations.

"Act" « Loi »

"Act" means the Customs Act. (Loi)

"commercial carrier" « transporteur commercial »

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

"commercial conveyance" « moyen de transport commercial »

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

"Minister's representative" « représentant du ministre »

"Minister's representative" means a person authorized by the Minister to obtain information referred to in section 3. (représentant du ministre)

"reservation system" « système de réservation »

"reservation system" means any system, whether electronic or manual, that contains information relating to persons on board a commercial conveyance. (système de réservation)

Prescribed classes of persons

2. The following are the prescribed classes of persons for the purposes of section 107.1 of the Act:

(a) commercial carriers and charterers who undertake to carry persons or goods to Canada and the representatives of those carriers and charterers;

(b) travel agents; and

(c) owners and operators of a reservation system.

Prescribed information

3. The following is, for the purposes of section 107.1 of the Act, the prescribed information in respect of a person on board a commercial conveyance:

(a) their surname, first name and any middle names;

(b) their date of birth;

(c) their gender;

(d) their citizenship or nationality;

(e) the type of travel document that identifies them, the name of the country in which the travel document was issued and the number on the travel document;

(f) their reservation record locator number, if any, and, in the case of a person in charge of the commercial conveyance or any other crew member without a reservation record locator number, notification of their status as a crew member; and

(g) the information relating to the person in a reservation system.

Prescribed condition -- manifest

4. (1) If the Minister requires a member of a prescribed class to provide prescribed information referred to in paragraphs 3(a) to (f), it is a prescribed condition that the member provide the information in the form of a manifest to a Minister's representative at the time of the departure of the commercial conveyance from the last place that persons boarded the conveyance before arriving in Canada.

Prescribed condition -- reservation system

(2) If the Minister requires a member of a prescribed class to provide, or provide access to, prescribed information referred to in paragraph 3(g), it is a prescribed condition that the member provide the information to a Minister's representative or provide a Minister's representative with access to the member's reservation system, as the case may be.

Prescribed condition -- electronic or non-electronic format

(3) If the Minister requires a member of a prescribed class to provide, or provide access to, prescribed information referred to in section 3, it is a prescribed condition

(a) when the member maintains the information in an electronic format, that the member provide, or provide access to, as the case may be, the information in the electronic format; and

(b) when the member does not maintain the information in an electronic format, that the member provide copies of the information or provide access to the written information, as the case may be.

Coming into force

5. These Regulations are deemed to have come into force on October 4, 2002.