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Vol. 137, No. 21 October 8, 2003
Registration
SOR/2003-323 25 September, 2003
CUSTOMS ACT
Presentation of Persons (2003) Regulations
P.C. 2003-1418 25 September, 2003
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 11 (see footnote a) , subsection 11.1(3) (see footnote b) and paragraphs 164(1)(b) (see footnote c) , (i) (see footnote d) and (j) and 167.1(b) (see footnote e) of the Customs Act (see footnote f) , hereby makes the annexed Presentation of Persons (2003) Regulations.
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PRESENTATION OF PERSONS (2003) REGULATIONS
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INTERPRETATION
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Definitions |
1. The following definitions apply in these Regulations. |
"Act"
« Loi » |
"Act" means the Customs Act. |
"authorization"
« autorisation » |
"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.
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"authorized person"
« personne autorisée » |
"authorized person" means a person to whom the Minister has issued
an authorization. |
"commercial driver"
« routier » |
"commercial driver" means a person who operates a commercial highway
conveyance. |
"commercial highway conveyance"
« moyen de transport routier commercial » |
"commercial highway conveyance" means a conveyance designed for
hauling freight on highways. |
"commercial passenger conveyance"
« moyen de transport commercial de passagers » |
"commercial passenger conveyance" means a conveyance that is used
to carry passengers who have paid for passage. |
"common-law partner"
« conjoint de fait » |
"common-law partner", in relation to an individual, means a person
who is cohabiting with the individual in a conjugal relationship,
having so cohabited for a period of at least one year. |
"corporate aircraft"
« aéronef d'affaires » |
"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.
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"designated customs office" « bureau de douane établi » |
"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. |
"designated holding area"
« zone d'attente désignée »
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"designated holding area" means an area designated by the Commissioner
for the use of persons arriving in Canada who are in transit to another
place in Canada or to a place outside Canada. |
"marine pleasure craft" « embarcation de plaisance » |
"marine pleasure craft" means a vessel, however propelled, that
is used exclusively for pleasure and that does not carry passengers
who have paid for passage. |
"non-commercial passenger conveyance"
« moyen de transport non commercial de passagers » |
"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. |
"private aircraft"
« aéronef
privé » |
"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. |
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PART 1
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EXCEPTIONS
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Exceptions to Presentation under
Subsection 11(1) of the Act
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Exception |
2. (1) 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 |
(2) The following persons, in the following circumstances and conditions,
are not required to present themselves in accordance with subsection
11(1) of the Act:
(a) 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;
(b) 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
(i) to a place outside Canada and they do not leave the designated
holding area except to board that other commercial passenger conveyance,
or
(ii) 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;
(c) 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;
(d) 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
(e) 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 |
(3) 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. |
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Exception to Subsection 11(3) of the Act
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Commercial passenger conveyances |
3. (1) 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:
(a) 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;
(b) 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 |
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(i) only passengers or goods that have come from a designated holding
area are taken aboard the conveyance while it is in Canada, and
(ii) 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;
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(c) passengers and crew who are transferred under customs
control to another commercial passenger conveyance for departure |
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(i) to a place outside Canada and the passengers and crew comply
with subparagraph 2(2)(b)(i); or
(ii) 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
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(d) 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 |
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(i) 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
(ii) 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.
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Freight trains |
(2) 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
(a) 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
(b) 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. |
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Advance Notification
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Advance notification |
4. (1) Every person in charge of a non-commercial
passenger conveyance, other than a marine pleasure craft, that has
as its destination a place in Canada and who intends to present themself
and any persons aboard the conveyance by means of telephone shall
give notice by telephone to an officer at a designated customs office
at least one hour but no more than 72 hours before arriving in Canada
of the expected time and place of arrival and destination in Canada
of the conveyance. |
Information |
(2) If required by an officer, the person in charge of a non-commercial
passenger conveyance shall
(a) provide any information relating to the other persons
aboard the non-commercial passenger conveyance; and
(b) notify an officer of the arrival of the conveyance in
Canada. |
Changes in information |
(3) The person in charge of a non-commercial passenger conveyance
shall notify an officer at a designated customs office of any changes
to information given under subsection (1) or (2) either before or
at the time of the arrival of the conveyance in Canada. |
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PART 2
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PRESENTATION IN ALTERNATIVE MANNERS
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Authorizations
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Prescribed Class |
5. Every person who is a passenger aboard a commercial
highway conveyance driven by a commercial driver who is authorized
to present themself in the manner described in subparagraph 11(d)(i)
and who arrives at a land border crossing may present themself by
means of telephone to an officer at a designated customs office. |
Eligible persons |
6. The Minister may issue an authorization to a
person if the person
(a) is |
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(i) a permanent resident, within the meaning of the Immigration
Act or a Canadian citizen,
(ii) a citizen or permanent resident of the United States, or
(iii) a citizen of France who resides in
St. Pierre and Miquelon; |
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(b) is of good character; |
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(c) is not inadmissible to Canada under the Immigration
Act; |
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(d) provides their consent in writing to the use by the
Minister of any physical data concerning them, if the data is provided
with an application under subsection 7(1) for the purposes of
identifying the person and authenticating the use of their authorization;
and |
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(e) has provided true, accurate and complete information
in respect of their application for the authorization. |
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Applications for Authorizations
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Application |
7. (1) 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 another person |
(2) A person who is applying to be an authorized person or an authorized
person may apply for an authorization on behalf of
(a) their spouse or common-law partner;
(b) a child who is 18 years of age or less and who resides
at the same address as the applicant;
(c) a child who is more than 18 years old if they normally
reside at the same address as the person, and have been continuously
enrolled and in attendance as a full-time student at a university,
college or other educational institution since attaining 18 years
of age; and
(d) any person who is wholly dependent for support on the
applicant by reason of mental or physical infirmity and who is related,
within the meaning of the Income Tax Act, to the applicant. |
Application of employee |
(3) A person who is not an individual may apply for an authorization
on behalf of an employee 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 the business. |
Exception corporate aircraft |
8. (1) 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. |
Application |
(2) An application under subsection (1) shall include, if available,
the individual's name, date of birth, citizenship and place of residence. |
Issue |
(3) The Minister may issue an authorization to an individual described
in subsection (1) if all of the following conditions are met:
(a) the individual meets the requirements of section 6;
(b) the person in charge of the corporate aircraft has not
applied on behalf of more than four individuals;
(c) 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
(d) 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 |
(4) No authorization may be issued after an aircraft has arrived
in Canada. |
Authorized persons to have authorizations |
9. 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 |
10. (1) An authorization expires one year after
the date of its issuance. |
Issue |
(2) 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. |
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Alternative Manners of Presentation
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Alternative manners |
11. Persons may present themselves in one of the
following alternative manners if they have been authorized to do so:
(a) on arrival in Canada aboard a commercial aircraft at
a commercial airport that is a designated customs office, by means
of an electronic device;
(b) 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;
(c) 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 corporate aircraft, if that person presents
themself and any persons aboard by telephone to an officer at a designated
customs office;
(d) on arrival in Canada at a land border crossing,
(i) if they are commercial drivers who are operating or aboard a commercial
highway conveyance, by means of an electronic device or telephone
to an officer at a designated customs office, or
(ii) if they are operating or aboard a conveyance that is specified
in their authorization, by means of an electronic device if every
person aboard the conveyance is authorized to present themself in
that manner at a land border crossing; and
(e) 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 |
12. 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 |
13. No authorized person shall
(a) transfer or assign their authorization;
(b) permit another person to use their authorization;
(c) use or attempt to use their authorization if it is expired,
suspended or cancelled; or
(d) use or attempt to use their authorization to present
themself in a manner that is not authorized. |
Loss or theft |
14. Every authorized person whose authorization
is lost or stolen shall, without delay, inform the Minister of the
loss or theft. |
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Advance Notification
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Aircraft |
15. (1) Every person in charge of a corporate aircraft
or a private aircraft that has as its destination a place in Canada
who intends to present themself and any authorized persons in either
alternative manner set out in paragraph 11(b) or (c)
aboard the aircraft shall give notice by telephone to an officer at
a designated customs office at least one hour but no more than 72
hours before arriving of the expected time and place of arrival and
destination in Canada of the aircraft. |
Information |
(2) If required by an officer, the person in charge of the corporate
aircraft or private aircraft shall
(a) provide any information relating to the other persons
aboard the aircraft; and
(b) notify an officer of the arrival of the aircraft in Canada. |
Commercial drivers |
16. Every commercial driver and every person aboard
a commercial highway conveyance operated by the commercial driver
who is authorized to present themself at a land border crossing in
a manner described in subparagraph 11(d)(i) and who intends
to present themself in that manner shall give notice by telephone
at least one hour but no more than four hours before their expected
arrival in Canada to an officer at a designated customs office of
the expected time and place of their arrival in Canada if at the place
there is no means to accept their presentation. |
Marine pleasure craft |
17. (1) Every authorized person in charge of a
marine pleasure craft that has as its destination a place in Canada
who intends to present themself and any passengers aboard the craft
who are authorized to present themselves in the manner described in
paragraph 11(e) shall give notice within 4 hours of their
expected arrival in Canada by telephone to an officer at a designated
customs office of the expected time and place of arrival in Canada. |
Information |
(2) Any information required by an officer relating to any person
aboard the marine pleasure craft shall also be provided at that time. |
Changes in information |
18. A person shall, either before or at the time
of their arrival, in Canada notify an officer at a designated customs
office of any changes to information given by them under any of sections
15 to 17. |
Obligation to wait |
19. Every authorized person who arrives in
Canada aboard a commercial highway conveyance operated by a commercial
driver and carrying commercial goods that have been previously approved
by an officer for release, or who is aboard a private aircraft, corporate
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
(a) the time of arrival that was stated in their advance
notification under section 15, 16 or 17, as the case may be; or
(b) an earlier time if an officer authorizes them to leave
the place of arrival. |
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Amendments to Authorizations
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At request of authorized person |
20. On application, the Minister may amend an authorization
(a) to change the authorized person's address;
(b) to change the name of the authorized person; or
(c) to add or remove a conveyance to which the authorization
applies. |
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Renewals
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By Minister |
21. On application, the Minister may renew an authorization
if
(a) at the time of the application, the authorized person
continues to meet the requirements of section 6;
(b) the application is made before the authorization has
expired; and
(c) the applicable fee set out in section 24 is paid. |
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Suspensions and Cancellations of Authorizations
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Grounds |
22. (1) The Minister may suspend or cancel an authorization
if the person
(a) no longer meets the requirements of section 6;
(b) 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
(c) has provided information that was not true, accurate
or complete for the purposes of obtaining an authorization. |
Extension of suspension or cancellation to other persons |
(2) If the Minister suspends or cancels the authorization of a person
who applied for an authorization on behalf of another person, the
authorization of that other person is also suspended or cancelled,
as the case may be. |
Notice of suspension or cancellation |
(3) 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 |
(4) A person whose authorization is cancelled or suspended shall
(a) 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
(b) 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 |
(5) 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 |
23. 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. |
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Fees
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Presentation at specified commercial airports |
24. (1) The fee for the issuance or renewal of
an authorization for use at any designated customs office, other than
at a commercial airport that is a designated customs office is $25
per year. |
Other authorizations |
(2) The fee for the issuance or renewal of an authorization for
use at a commercial airport that is a designated customs office or
at a designated customs office is $50 per year. |
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PRESENTATION OF PERSONS (CUSTOMS) REGULATIONS
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Repeal of definition |
25. The definition "designated customs office" in section 2 of the
Presentation of Persons (Customs) Regulations
(see footnote 1) is repealed. |
Repeal |
26. The Presentation of Persons (Customs) Regulations
(see footnote 2) are repealed. |
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COMING INTO FORCE
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Coming into force |
27. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered. |
Retroactive effect deemed in force |
(2) 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. |
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
Part 1 of the Presentation of Persons (2003) Regulations describes the obligations of persons who are required under section 11 (presentation) of the Customs Act to present themselves to a customs officer at a customs office that is open for business when entering Canada. Part 1 substantially reproduces the presentation obligations set out in the current Presentation of Persons (Customs) Regulations. In addition to those obligations, persons in charge of non-commercial passenger conveyances (other than marine pleasure craft) would be required to notify a customs officer in advance of their arrival in Canada and advise of the expected time and place of arrival and destination in Canada of their conveyance.
Part 2 of the Regulations is made pursuant to section 11.1 (alternative presentation) of the Customs Act. It sets out the requirements to be met by persons who wish to present themselves in an alternative manner and participate in alternative presentation programs such as CANPASS-Highway, CANPASS-Corporate Aircraft, CANPASS-Private Aircraft and CANPASS-Private Boats, and the commercial drivers' program for the Customs Self Assessment (CSA) initiative. These alternative presentation programs enable persons who apply and who are issued an authorization to present themselves in an alternative manner, such as by telephone or electronic device, rather than in person to a customs officer.
Part 2 sets out the criteria to be met by applicants for authorizations to present in an alternative manner, the means by which these persons may be authorized to present themselves, the fees to be paid by applicants, the criteria for renewing, suspending or cancelling an authorization, and the redress process available to persons whose application has been denied or whose authorization has been suspended or cancelled. It also provides that persons in charge of a corporate aircraft, a private aircraft, a marine pleasure craft and commercial drivers who operate commercial highway conveyances and their passengers would be required to notify a customs officer in advance of their arrival in Canada and advise of the expected time and place of arrival and destination in Canada of their conveyance.
Participation in the alternative presentation programs is voluntary.
Pursuant to paragraph 167.1(b) of the Customs Act, the provisions of Part 2 and certain definitions used in that Part of the Regulations were publicly announced in Customs Notice N-414 on December 3, 2001. As a result, it is proposed that these provisions and definitions would come into effect on December 3, 2001, the date of the announcement.
Alternatives
These Regulations set out the circumstances and conditions that will apply to persons who are not required to enter Canada at a customs office that is open for business as would otherwise be required by section 11 of the Customs Act. In addition, they are necessary for the implementation of the various alternative presentation programs such as CANPASS-Highway, CANPASS-Corporate Aircraft, CANPASS-Private Aircraft and CANPASS-Private Boats, the authority for which is section 11.1 of the Customs Act. Therefore, there is no alternative to these Regulations.
Benefits and Costs
As previously indicated, Part 1 of the Regulations substantially reproduces the presentation obligations currently set out in the existing Presentation of Persons (Customs) Regulations. As an overall benefit, these Regulations will permit the CCRA to process pre-approved, low-risk travellers more quickly and efficiently by allowing the CCRA to focus its resources at the border on persons who may be of higher or unknown risk. These alternative presentation programs will substantially enhance service to the travelling public by simplifying presentation procedures for low-risk individuals, and by reducing congestion and waiting time at the border.
Although there are fees in respect of authorizations to present in an alternative manner, these fees will not offset the full cost of operating these alternative presentation programs. However, the programs will allow the CCRA to more effectively manage its resources at the border, thereby providing indirect savings.
Treasury Board funding has been secured for the development of the various alternative presentation programs and the automated systems that are required to administer these programs.
Consultation
Canadian travellers were consulted during the consultation phase of the Customs Blueprint and it was clearly indicated that they want a safe border environment. In addition, there have been wide, broad-based consultations over a period of several years with respect to the introduction of various alternative presentation programs. These consultations have included travellers, communities, business interests, internal and external border management partners, unions, employees and the general public. Support for many of these programs has been widespread among travellers, the general public and the business community.
In addition, the Regulations were pre-published in the Canada Gazette, Part I, on June 21, 2003, to allow for public representations. Following the pre-publication, the CCRA has not received any comments from stakeholders.
Compliance and Enforcement
The existing resources of the CCRA are adequate to ensure that persons comply with these Regulations.
The alternative presentation programs are carefully monitored and authorized persons may be subject to random compliance checks to ensure that they comply with the Customs Act and other legislative requirements administered by the CCRA. In addition to the enforcement tools available under the Customs Act, an authorized person who does not comply with these requirements may have their authorization suspended or cancelled. The alternative presentation programs contribute to more effective enforcement in the regular traveller and commercial streams by allowing resources to be concentrated in higher or unknown risk areas.
Contact
Nick Velluso
Manager
CANPASS Programs and Commercial Drivers' Program (CSA Initiative)
Travellers Program Design and Development Division
Major Project Design and Development Directorate
Customs Branch
Canada Customs and Revenue Agency
Sir Richard Scott Building
191 Laurier Avenue West, 12th Floor
Ottawa, Ontario
K1A 0L5
Telephone: (613) 941-6841
FAX: (613) 954-7558
E-mail: Nick.Velluso@ccra-adrc.gc.ca
Footnote a
S.C. 2001, c. 25, s. 10
Footnote b
S.C. 2001, c. 25, s. 11
Footnote c
S.C. 2001, c. 25, s. 85(1)
Footnote d
S.C. 1992, c. 28, s. 30(1)
Footnote e
S.C. 1992, c. 28, s. 31(1)
Footnote f
R.S., c. 1, (2nd Supp.)
Footnote 1
SOR/86-870
Footnote 2
SOR/86-870
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