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Notice

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.

 
PRESENTATION OF PERSONS (2003) REGULATIONS
 
INTERPRETATION
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.
"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.
"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 »
"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.
 
PART 1
 
EXCEPTIONS
 
Exceptions to Presentation under
Subsection 11(1) of the Act
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.
 
Exception to Subsection 11(3) of the Act
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
 
    (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;
  (c) passengers and crew who are transferred under customs control to another commercial passenger conveyance for departure
 
    (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
  (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
 
    (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.
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.
 
Advance Notification
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.
 
PART 2
 
PRESENTATION IN ALTERNATIVE MANNERS
 
Authorizations
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
 
    (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;
  (b) is of good character;
  (c) is not inadmissible to Canada under the Immigration Act;
  (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
  (e) has provided true, accurate and complete information in respect of their application for the authorization.
 
Applications for Authorizations
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.
 
Alternative Manners of Presentation
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.
 
Advance Notification
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.
 
Amendments to Authorizations
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.
 
Renewals
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.
 
Suspensions and Cancellations of Authorizations
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.
 
Fees
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.
 
PRESENTATION OF PERSONS (CUSTOMS) REGULATIONS
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.
 
COMING INTO FORCE
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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