GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Preclearance Act, 2016 — P-19.32 43
Regulations 43 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations (a) authorizing persons or classes of persons to enter a preclearance area and establishing conditions of entry for those persons; (b) imposing conditions on the exercise of the authority of the operator of a facility to authorize the entry of persons into a preclearance area under paragraph 17 (e), or prohibiting the operator of a facility from authorizing a person to enter a preclearance area; (c) respecting obligations on the operator of a facility, including with respect to access of people and goods to preclearance areas and preclearance perimeters, the security of preclearance areas and preclearance perimeters, the demarcation of preclearance areas and preclearance perimeters, and signage or other means of communication with respect to preclearance areas and preclearance perimeters; (d) respecting the disposal of seized, forfeited or abandoned goods and the return of seized goods; and (e) prescribing anything that by this Part is to be prescribed by regulation. Different treatment (2) The regulations may distinguish between individual preclearance areas or individual preclearance perimeters and between classes of such areas or perimeters.
Preclearance Act, 2016 — P-19.32 44
Amendment of schedule 44 The Governor in Council may, by order, amend the schedule by adding, amending or deleting the reference to a location in which an area may be designated as a preclearance area or a preclearance perimeter.
Preclearance Act, 2016 — P-19.32 45
Authorization — access 45 The Minister may, by order, authorize a person who, or class of persons that, is not otherwise authorized to do so to enter a preclearance area and establish conditions of entry for those persons.
Preclearance Act, 2016 — P-19.32 46
Definitions 46 The following definitions apply in this Part. border services officer means a person who is assigned to conduct preclearance in the United States and is (a) employed by the Canada Border Services Agency in the administration or enforcement of the Customs Act , the Customs Tariff or the Special Import Measures Act ; (b) designated under subsection 9(2) of the Canada Border Services Agency Act ; or (c) designated or authorized under section 6 of the Immigration and Refugee Protection Act . ( agent des services frontaliers ) other public officer means a person, other than a border services officer, who is designated or authorized to exercise powers or perform duties or functions under preclearance legislation described in paragraph (a) of the definition of that expression in this section, and who is assigned to conduct preclearance in the United States. ( autre fonctionnaire ) preclearance means the exercise of powers and the performance of duties and functions by a border services officer or other public officer under sections 47 to 51 and regulations made under paragraph 57 (1)(a). ( précontrôle ) preclearance area means an area in the United States that is (a) designated by the Government of the United States as a preclearance area under the Agreement; and (b) designated as a customs office under section 5 of the Customs Act . ( zone de précontrôle ) preclearance legislation means (a) the provisions — of an Act of Parliament other than this Act, or of regulations made under such an Act — that apply in respect of the entry of persons or the importation of goods into Canada, including provisions relating to customs, agriculture or public health and safety; and (b) the provisions — of an Act of a provincial legislature, or of regulations made under such an Act — that authorize the collection by a border services officer of taxes, fees, mark-ups or other amounts. It does not include any provision that creates an offence or any provision of the Immigration and Refugee Protection Act or its regulations. ( législation relative au précontrôle ) preclearance perimeter means an area in the United States that is (a) designated by the Government of the United States as a preclearance perimeter under the Agreement; and (b) designated as a customs office under section 5 of the Customs Act . ( périmètre de précontrôle )
Preclearance Act, 2016 — P-19.32 (a)
border services officer means a person who is assigned to conduct preclearance in the United States and is (a) employed by the Canada Border Services Agency in the administration or enforcement of the Customs Act , the Customs Tariff or the Special Import Measures Act ; (b) designated under subsection 9(2) of the Canada Border Services Agency Act ; or (c) designated or authorized under section 6 of the Immigration and Refugee Protection Act . ( agent des services frontaliers )
Preclearance Act, 2016 — P-19.32
other public officer means a person, other than a border services officer, who is designated or authorized to exercise powers or perform duties or functions under preclearance legislation described in paragraph (a) of the definition of that expression in this section, and who is assigned to conduct preclearance in the United States. ( autre fonctionnaire )
Preclearance Act, 2016 — P-19.32
preclearance means the exercise of powers and the performance of duties and functions by a border services officer or other public officer under sections 47 to 51 and regulations made under paragraph 57 (1)(a). ( précontrôle )
Preclearance Act, 2016 — P-19.32 (a)
preclearance area means an area in the United States that is (a) designated by the Government of the United States as a preclearance area under the Agreement; and (b) designated as a customs office under section 5 of the Customs Act . ( zone de précontrôle )
Preclearance Act, 2016 — P-19.32 (a)
preclearance legislation means (a) the provisions — of an Act of Parliament other than this Act, or of regulations made under such an Act — that apply in respect of the entry of persons or the importation of goods into Canada, including provisions relating to customs, agriculture or public health and safety; and (b) the provisions — of an Act of a provincial legislature, or of regulations made under such an Act — that authorize the collection by a border services officer of taxes, fees, mark-ups or other amounts. It does not include any provision that creates an offence or any provision of the Immigration and Refugee Protection Act or its regulations. ( législation relative au précontrôle )
Preclearance Act, 2016 — P-19.32 (a)
preclearance perimeter means an area in the United States that is (a) designated by the Government of the United States as a preclearance perimeter under the Agreement; and (b) designated as a customs office under section 5 of the Customs Act . ( périmètre de précontrôle )
Preclearance Act, 2016 — P-19.32 47
Application of preclearance legislation 47 (1) Subject to the regulations, preclearance legislation applies to a traveller and goods bound for Canada in a preclearance area or preclearance perimeter as if the traveller had entered, and the goods had been imported into, Canada. Powers, duties and functions (2) Subject to section 49 and the regulations, a border services officer or other public officer may, in a preclearance area or preclearance perimeter, exercise the powers and perform the duties and functions that are conferred on the officer under preclearance legislation with respect to travellers and goods bound for Canada, as if the officer were in Canada. Refusal (3) A border services officer or other public officer may, in a preclearance area or preclearance perimeter, refuse to permit travellers to proceed, or goods to be taken, to Canada through the preclearance area or preclearance perimeter if the entry of the traveller, or the importation of the goods, into Canada does not comply with preclearance legislation. For greater certainty (4) For greater certainty, a border services officer or other public officer in a preclearance area or preclearance perimeter may, to the extent they are permitted to do so under the powers, duties and functions that are conferred on them under preclearance legislation, (a) subject to subsection 49 (4), impose an administrative monetary penalty or other civil sanction in accordance with preclearance legislation; and (b) collect any amounts — including duties, taxes and fees — owing under preclearance legislation. Sections 20 and 21 of Customs Act (5) For the purposes of sections 20 and 21 of the Customs Act , goods , as defined in section 2 of that Act, are to be treated as if they have been transported entirely within Canada if they are transported from a preclearance area or preclearance perimeter to a place in Canada over territory or waters outside Canada.
Preclearance Act, 2016 — P-19.32 48
Application of Immigration and Refugee Protection Act 48 (1) For greater certainty, a traveller in a preclearance area or preclearance perimeter who is seeking to enter Canada is, for the purposes of the Immigration and Refugee Protection Act , outside Canada. No claim for refugee protection (2) No claim for refugee protection under section 99 of the Immigration and Refugee Protection Act may be made in a preclearance area or preclearance perimeter. Powers, duties and functions (3) Subject to section 49 and the regulations, a border services officer may, in a preclearance area or preclearance perimeter, exercise the powers and perform the duties and functions specified in their designation or authorization under section 6 of the Immigration and Refugee Protection Act with respect to travellers bound for Canada. Preparation of report — inadmissibility (4) A border services officer may prepare a report setting out the relevant facts, and transmit it to the Minister of Public Safety and Emergency Preparedness, if the officer is of the opinion that a foreign national or permanent resident in a preclearance area or preclearance perimeter is inadmissible on any ground of inadmissibility that is set out in the Immigration and Refugee Protection Act and that is prescribed by regulations made under subsection (7). Refusal to permit entrance (5) If the Minister of Public Safety and Emergency Preparedness is of the opinion that the report is well-founded, he or she may refuse to permit the foreign national — or, despite subsections 19(2) and 27(1) of the Immigration and Refugee Protection Act , the permanent resident — from entering Canada through the preclearance area or preclearance perimeter. Delegation of powers (6) Anything that may be done by the Minister of Public Safety and Emergency Preparedness under subsection (5) may be done by a border services officer who is so authorized in writing by that Minister, without proof of the authenticity of the authorization. Regulations (7) The Governor in Council may make regulations prescribing grounds of inadmissibility that are set out in the Immigration and Refugee Protection Act for the purpose of subsection (4). The regulations may distinguish between foreign nationals and permanent residents and between classes of foreign nationals. Definitions (8) In this section, foreign national and permanent resident have the same meanings as in subsection 2(1) of the Immigration and Refugee Protection Act .
Preclearance Act, 2016 — P-19.32 49
Limitation 49 (1) A border services officer or other public officer is not permitted, in a preclearance area or preclearance perimeter, to exercise any powers of questioning or interrogation, examination, search, seizure, forfeiture, detention or arrest, except to the extent that such powers are conferred on the officer by the laws of the United States. Exception (2) Subsection (1) does not apply to an examination within the meaning of the Immigration and Refugee Protection Act . Restriction (3) The authority that may designate or authorize a border services officer or other public officer to exercise powers, or perform duties or functions, under preclearance legislation or the Immigration and Refugee Protection Act may restrict or exclude the exercise of a power, or the performance of a duty or function, in a preclearance area or preclearance perimeter by the officer or by a class of border service officers or other public officers. No penalty or sanction — United States prosecution (4) No administrative monetary penalty or other civil sanction may be imposed with respect to an act or omission committed by a person in a preclearance area or preclearance perimeter if a prosecution for an offence is instituted in the United States with respect to the act or omission that would give rise to it. If such a prosecution is instituted after a penalty or sanction has been imposed, the penalty or sanction is a nullity and any payment in respect of it must be reimbursed.
Preclearance Act, 2016 — P-19.32 50
Proceeds of crime — reporting 50 If a border services officer transfers, to a United States federal, state, tribal or local law enforcement agent, currency or a monetary instrument that was retained in a preclearance area or preclearance perimeter as a result of the application of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , the officer must, without delay, report the circumstances of the transfer to the President of the Canada Border Services Agency and to the Financial Transactions and Reports Analysis Centre of Canada. The officer’s report must be provided in the form and manner that are specified by the Centre.
Preclearance Act, 2016 — P-19.32 51
Detained goods 51 If goods are detained under the laws of the United States by a border services officer or other public officer in the course of preclearance, a border services officer or other public officer may, to the extent permitted by the laws of the United States, deal with those goods as if they were detained under the applicable preclearance legislation.
Preclearance Act, 2016 — P-19.32 52
For greater certainty 52 (1) For greater certainty, section 19 and subsection 27(1) of the Immigration and Refugee Protection Act do not operate so as to prevent a border services officer from, under the laws of the United States, detaining a person in a preclearance area or preclearance perimeter and delivering them into the custody of a United States federal, state, tribal or local law enforcement agent. Information (2) If a person or goods are detained under the laws of the United States in a preclearance area or preclearance perimeter by a border services officer and delivered into the custody of a United States federal, state, tribal or local law enforcement agent, a border services officer may disclose to the agent any information — including personal information , as defined in section 3 of the Privacy Act — that relates to the circumstances of that detention and delivery.
Preclearance Act, 2016 — P-19.32 53
Exempt from further compliance 53 (1) If a traveller bound for Canada has fully met, in a preclearance area or preclearance perimeter, an obligation under preclearance legislation or under the Immigration and Refugee Protection Act that applies on entry into Canada, the traveller is exempt from again complying with that obligation once they enter Canada, unless a border services officer or other public officer requires the traveller to do so. Obligation under regulations (2) If a traveller bound for Canada has fully met, in a preclearance area or preclearance perimeter, an obligation under the regulations that is an adaptation of an equivalent obligation under preclearance legislation or under the Immigration and Refugee Protection Act that applies on entry into Canada, the traveller is exempt from complying with that equivalent obligation once they enter Canada, unless a border services officer or other public officer requires the traveller to do so. Officers (3) In this section, a reference to a “border services officer or other public officer” includes a reference to a person who is employed, designated or authorized as set out in the definition border services officer or other public officer in section 46 but who has not been assigned to conduct preclearance in the United States.
Preclearance Act, 2016 — P-19.32 54
Traveller may withdraw from preclearance 54 (1) Despite any preclearance legislation and the Immigration and Refugee Protection Act , every traveller bound for Canada, unless they are detained, may withdraw from preclearance and may leave a preclearance area or preclearance perimeter without departing for Canada. For greater certainty (2) For greater certainty, despite any obligation that would otherwise apply under section 47 , under the Immigration and Refugee Protection Act or under the regulations, a traveller who withdraws from preclearance is not required to answer any question asked of them for the purpose of conducting preclearance.
Preclearance Act, 2016 — P-19.32 55
Traveller’s obligations 55 Subject to the laws of the United States, a traveller who withdraws from preclearance must (a) answer truthfully any question asked by a border services officer for the purpose of identifying the traveller or of determining their reason for withdrawing; and (b) comply with any other direction made by a border services officer that such an officer is authorized to make under the laws of the United States when a traveller withdraws.
Preclearance Act, 2016 — P-19.32 56
Powers, duties and functions on withdrawal 56 After a traveller has indicated that he or she is withdrawing from preclearance, a border services officer or other public officer is not permitted to exercise any powers, or perform any duties or functions, other than those authorized under the laws of the United States when a traveller withdraws.
Preclearance Act, 2016 — P-19.32 57
Governor in Council 57 (1) The Governor in Council may make regulations (a) adapting, for the purpose of applying it in a preclearance area or preclearance perimeter, (i) any preclearance legislation described in paragraph (a) of the definition of that expression in section 46 , or (ii) any provision of the Immigration and Refugee Protection Act or of regulations made under that Act; and (b) restricting or excluding the application of any such preclearance legislation or provision in a preclearance area or preclearance perimeter. Different treatment (2) The regulations made under subsection (1) may distinguish between individual preclearance areas or individual preclearance perimeters and between classes of such areas or perimeters.
Preclearance Act, 2016 — P-19.32 58
Deemed commission in Canada 58 (1) A person is deemed to have committed an act or omission in Canada if the act or omission is committed in a preclearance area or preclearance perimeter and, had it been committed in Canada, would constitute (a) an offence, under any Act of Parliament other than the Immigration and Refugee Protection Act , that relates to the entry of persons or importation of goods into Canada; or (b) a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such an offence. Element of offence — entry or importation (2) For the purpose of determining whether an act or omission would constitute an offence referred to in paragraph (1)(a) or (b), (a) if an element of the offence is the entry of a person into Canada, a person who is a traveller bound for Canada and who enters a preclearance area or preclearance perimeter is considered to have entered Canada; and (b) if an element of the offence is the importation of goods into Canada, goods that are bound for Canada and that are brought into a preclearance area or preclearance perimeter are considered to have been imported into Canada. Jurisdiction (3) If a person is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (1), proceedings for an offence in respect of that act or omission may be commenced in any territorial division in Canada. The person may be tried and punished for that offence as if the offence had been committed in that territorial division. Previously tried in the United States (4) If a person is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (1) and they have been tried and dealt with in the United States for an offence in respect of the act or omission so that, if they had been tried and dealt with in Canada, they would be able to plead autrefois acquit , autrefois convict or pardon, they are deemed to have been so tried and dealt with in Canada. For greater certainty (5) For greater certainty, sections 135 and 136 of the Immigration and Refugee Protection Act apply with respect to an act or omission committed in a preclearance area or preclearance perimeter.
Preclearance Act, 2016 — P-19.32 59
Primary criminal jurisdiction 59 (1) The Attorney General of Canada is responsible for advising the Minister with respect to the exercise or waiver of primary criminal jurisdiction under Article X of the Agreement in relation to an act or omission committed in the United States by a border services officer or other public officer in the exercise of their powers, and performance of their duties and functions, under this Part. Additional factors (2) The Attorney General of Canada may, in providing advice with respect to the waiver of primary criminal jurisdiction under paragraphs 15 and 16 of Article X of the Agreement, consider the following factors in addition to those set out in that paragraph 16: (a) the severity of the sentence a border services officer or other public officer accused of an offence is likely, if convicted, to receive in Canada as compared to the United States; (b) the impact with respect to evidence if proceedings are held in Canada as compared to the United States; (c) the impact on witnesses if proceedings are held in Canada as compared to the United States; (d) the jurisdiction that has the greater interest in prosecuting the border services officer or other public officer for the act or omission in question; and (e) any other factor that the Attorney General considers relevant.
Preclearance Act, 2016 — P-19.32 60
Exclusive authority 60 The Attorney General of Canada has exclusive authority to commence and conduct a prosecution or other criminal proceedings with respect to an act or omission committed in the United States by a border services officer or other public officer in the exercise of their powers, and performance of their duties and functions, under this Part, and for that purpose the Attorney General of Canada may exercise any of the powers, or perform any of the duties and functions, assigned under the Criminal Code to an Attorney General.
Preclearance Act, 2016 — P-19.32 62.1
Review and report 62.1 Five years after this Act comes into force, the Minister must cause to be conducted an independent review of this Act, and its administration and operation, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
Preclearance Act, 2016 — P-19.32 64
Repeal 64 The Preclearance Act , chapter 20 of the Statutes of Canada, 1999, is repealed.
Preclearance Act, 2016 — P-19.32 Order in council
Order in council * 65 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force August 15, 2019, see SI/2019-34.]
Prevention of Terrorist Travel Act — P-19.45 1
Short title 1 This Act may be cited as the Prevention of Terrorist Travel Act .
Prevention of Terrorist Travel Act — P-19.45 2
Definition of judge 2 In this Act, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
Prevention of Terrorist Travel Act — P-19.45 3
Minister 3 The Governor in Council may, by order, designate a minister of the Crown to be the Minister referred to in this Act.