GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Preclearance Act, 2016 — P-19.32 17
Limited access 17 Only the following persons may enter a preclearance area: (a) travellers bound for the United States; (b) preclearance officers; (c) police officers and border services officers, for the purposes of exercising powers and performing duties and functions under this Part; (d) persons who are authorized by the Minister under section 45 or by regulation; and (e) subject to any regulations, persons who are authorized by the operator of a facility.
Preclearance Act, 2016 — P-19.32 18
Traveller’s obligations 18 (1) A traveller bound for the United States who is in a preclearance area must (a) have in their possession identification that is issued by the federal government, a provincial or local government or a foreign government and that, except in the circumstances that may be prescribed by regulation, contains their photograph; and (b) on entry, immediately report to a preclearance officer. Obligations subject to withdrawal (2) Unless they withdraw from preclearance under section 29 , a traveller bound for the United States who is in a preclearance area must (a) answer truthfully any question that is asked by a preclearance officer in accordance with this Act; (b) as directed by a preclearance officer, present any goods in the traveller’s possession, open or unpack the goods, and unload a conveyance for which they are responsible or open any part of it; (c) comply with any other direction given to the traveller in accordance with this Act by a preclearance officer, police officer or border services officer; and (d) comply with any other requirement that is prescribed by regulation. Obligations of other persons (3) A person, other than a traveller bound for the United States, who is in a preclearance area must comply with any requirement that is prescribed by regulation.
Preclearance Act, 2016 — P-19.32 19
Only in preclearance area 19 A preclearance officer may exercise the powers, and perform the duties and functions, set out in sections 20 to 26 only in a preclearance area.
Preclearance Act, 2016 — P-19.32 20
General powers 20 (1) A preclearance officer may, for the purpose of conducting preclearance, (a) question a traveller bound for the United States; (b) collect information from a traveller bound for the United States; (c) examine, search and detain goods bound for the United States, including by taking samples of the goods in reasonable amounts; (d) direct a person to report to a preclearance officer, identify themselves, and state their reason for being in a preclearance area; and (e) direct a traveller, or a person not authorized to be in a preclearance area, to leave a preclearance area. Biometric information (2) In the course of conducting preclearance, a preclearance officer may, for the purpose of verifying the identity of a traveller bound for the United States, collect biometric information from the traveller, other than from the traveller’s bodily substances. However, the officer is not permitted to collect biometric information unless notification that travellers may withdraw from preclearance is provided in the preclearance area, through signage or other means of communication.
Preclearance Act, 2016 — P-19.32 21
Frisk search — concealed goods 21 A preclearance officer may, for the purpose of conducting preclearance, conduct a frisk search of a traveller bound for the United States if the officer has reasonable grounds to suspect that the traveller has on their person concealed goods.
Preclearance Act, 2016 — P-19.32 22
Strip search 22 (1) A preclearance officer may, for the purpose of a strip search, detain a traveller bound for the United States if the officer has reasonable grounds to suspect that (a) the traveller has on their person concealed goods or anything that would present a danger to human life or safety; and (b) the search is necessary for the purpose of conducting preclearance. Request — border services officer (2) On detaining a traveller for the purpose of a strip search, the preclearance officer must immediately request that a border services officer conduct the search and advise of the grounds on which the traveller was detained. Strip search — border services officer (3) A border services officer may conduct the strip search if they have reasonable grounds to suspect that (a) the traveller has on their person concealed goods or anything that would present a danger to human life or safety; and (b) the strip search is necessary for the purpose of conducting preclearance. Strip search — preclearance officer (4) A preclearance officer may conduct the strip search, in a manner consistent with section 11, if they have reasonable grounds to suspect that the conditions under paragraphs (1)(a) and (b) are still met and if (a) a border services officer declines to conduct it; (b) the Canada Border Services Agency advises the preclearance officer that no border services officer is able to conduct the search within a reasonable time; or (c) the Agency and the preclearance officer agree that a border services officer is to conduct the search within a specified period, but no border services officer arrives within that period. Observation by preclearance officer (5) A strip search conducted under subsection (3) may be observed by a preclearance officer who is of the same sex as the traveller or, if no such preclearance officer is available, by any suitable person of the same sex as the traveller that a preclearance officer may authorize.
Preclearance Act, 2016 — P-19.32 23
Monitored bowel movement 23 (1) A preclearance officer may, for the purpose of a monitored bowel movement, detain a traveller bound for the United States if the officer has reasonable grounds to suspect that (a) the traveller is concealing goods inside their body; (b) the monitoring would permit the finding or retrieval of the goods; and (c) the monitoring is necessary for the purpose of conducting preclearance. Delivery to border services officer (2) On detaining a traveller for the purpose of a monitored bowel movement, the preclearance officer must deliver the traveller into the custody of a border services officer as soon as feasible and advise that officer of the grounds on which the traveller was detained. Monitoring by border services officer (3) A border services officer may conduct a monitored bowel movement if they have reasonable grounds to suspect that (a) the traveller is concealing goods inside their body; (b) the monitoring would permit the finding or retrieval of the goods; and (c) the monitoring is necessary for the purpose of conducting preclearance.
Preclearance Act, 2016 — P-19.32 24
X-ray or body cavity search 24 (1) A preclearance officer or border services officer may request that a traveller bound for the United States undergo an x-ray search or a body cavity search if the officer has reasonable grounds to suspect that (a) the traveller is concealing goods inside their body; (b) the x-ray search would permit the finding or identification of the goods or the body cavity search would permit the finding or retrieval of the goods; and (c) the search is necessary for the purpose of conducting preclearance. Traveller’s consent (2) Despite paragraph 18 (2)(c), no x-ray search or body cavity search may be conducted unless the traveller consents. Transfer to medical facility (3) A police officer or border services officer may transfer the traveller to a medical facility for the search. A preclearance officer is not permitted to do so. Person conducting search (4) Only an x-ray technician may, with the consent of a physician, conduct an x-ray search, and only a physician may conduct a body cavity search. Danger to traveller’s health or safety (5) Regardless of whether the traveller consents to an x-ray search or body cavity search, (a) if a preclearance officer has reasonable grounds to suspect that there is a clear and substantial danger to the traveller’s health or safety, the officer may deliver the traveller to a police officer or border services officer so that the police officer or border services officer may transfer the traveller to a medical facility; and (b) if a border services officer has reasonable grounds to suspect that there is such a danger, the officer may transfer the traveller to a medical facility.
Preclearance Act, 2016 — P-19.32 25
Right to be taken before senior officer 25 (1) A preclearance officer or border services officer must, before conducting a search of a traveller under any of sections 21 to 23 , inform the traveller of their right to be taken before the officer’s senior officer and, if the traveller requests it, must take the traveller before the senior officer. Senior officer’s agreement (2) If the traveller is brought before a senior officer, the search is permitted only if that officer agrees that the preclearance officer or border services officer, as the case may be, is authorized under the applicable section to conduct the search.
Preclearance Act, 2016 — P-19.32 26
Search by officer of same sex 26 (1) Neither a preclearance officer nor a border services officer is permitted to conduct a search under any of sections 21 to 23 of a person of the opposite sex. If no such officer of the same sex as the person is available, the officer may authorize any suitable person of the same sex to conduct the search. Appointed observer (2) A preclearance officer or border services officer may authorize a person of the same sex as the traveller being searched to observe a search under any of sections 21 to 23 that is conducted by the officer.
Preclearance Act, 2016 — P-19.32 26.1
Situation referred to in certain provisions 26.1 Regardless of any applicable recourse, a traveller may, in a prescribed manner, inform the Canadian senior officials of the Preclearance Consultative Group established under the Agreement of any situation referred to in sections 22, 23 and 24, subsection 31(2) and section 32 of this Act.
Preclearance Act, 2016 — P-19.32 27
Traveller’s obligations 27 (1) A traveller bound for the United States who is in a preclearance perimeter must comply with (a) any direction given to the traveller in accordance with this Act by a preclearance officer, police officer or border services officer; and (b) any requirement that is prescribed by regulation. Obligations of other persons (2) A person, other than a traveller bound for the United States, who is in a preclearance perimeter must (a) as directed by a preclearance officer, identify themselves and state their reason for being in the preclearance perimeter; and (b) comply with any requirement that is prescribed by regulation.
Preclearance Act, 2016 — P-19.32 28
Powers of preclearance officer 28 In a preclearance perimeter, a preclearance officer may, for the purpose of conducting preclearance or of maintaining the security of or control over the border between Canada and the United States, (a) direct that a person identify themselves and state their reason for being in the preclearance perimeter; (b) question a traveller bound for the United States; (c) direct a traveller bound for the United States to go to a preclearance area; (d) examine the exterior of a conveyance referred to in paragraph 6 (2)(a); (e) examine, search and detain goods — including by taking samples of the goods in reasonable amounts — that are bound for the United States and that are to be loaded onto such a conveyance; and (f) return goods bound for the United States to a preclearance area, or direct a person with control of the goods to do so.
Preclearance Act, 2016 — P-19.32 29
Traveller may withdraw from preclearance 29 Unless they are detained under this Act, every traveller bound for the United States may withdraw from preclearance and, subject to section 30 , may leave a preclearance area or preclearance perimeter without departing for the United States.
Preclearance Act, 2016 — P-19.32 30
Traveller’s obligations 30 A traveller who withdraws from preclearance must (a) answer truthfully any question asked by a preclearance officer under paragraph 31 (2)(b) for the purpose of identifying the traveller or of determining their reason for withdrawing; and (b) comply with any other direction given by a preclearance officer in accordance with subsection 31 (2).
Preclearance Act, 2016 — P-19.32 31
No preclearance on withdrawal 31 (1) A preclearance officer is, after a traveller has indicated that he or she is withdrawing from preclearance, permitted to exercise only the powers, and perform only the duties and functions, under this section and sections 13 to 15 and 32 with respect to the traveller. Powers on withdrawal (2) A preclearance officer may, for the purpose of maintaining the security of or control over the border between Canada and the United States, exercise the following powers in a preclearance area or preclearance perimeter with respect to a traveller who is withdrawing from preclearance: (a) direct the traveller to identify themselves and to produce identification that contains their photograph and that is issued by the federal government, a provincial or local government or a foreign government; (b) question the traveller for the purposes of identifying them or determining their reason for withdrawing; (c) record and retain information obtained from the traveller under paragraph (a) or (b), including by making a copy of the traveller’s identification; (d) take and retain a photograph of the traveller, if the traveller has not produced identification that contains their photograph and allows their identity to be verified; (e) visually examine a conveyance used by the traveller and, if the conveyance transports goods on a commercial basis, open its cargo compartments to visually examine the contents; (f) examine, using means or devices that are minimally intrusive, a conveyance used by the traveller, without opening or entering it, if the preclearance officer has reasonable grounds to suspect that the traveller could compromise the security of or control over the border. Limitation (3) A preclearance officer may exercise the powers set out in subsection (2) only to the extent that doing so would not unreasonably delay the traveller’s withdrawal.
Preclearance Act, 2016 — P-19.32 32
Powers — suspected offence 32 (1) If a preclearance officer has reasonable grounds to suspect that a traveller who is withdrawing from preclearance has committed an offence under an Act of Parliament, the officer may, for the purpose of maintaining the security of or control over the border, exercise any of the following powers in a preclearance area or preclearance perimeter: (a) direct the traveller to identify themselves and to produce identification that contains their photograph and that is issued by the federal government, a provincial or local government or a foreign government; (b) take and retain a photograph of the traveller, if the traveller has not produced identification that contains their photograph and allows their identity to be verified; (c) question the traveller; (d) collect information from the traveller; (e) examine, search and detain goods in the traveller’s possession or control, including by taking samples of the goods in reasonable amounts; (f) conduct a frisk search of the traveller, if the officer also has reasonable grounds to suspect that the traveller has on their person concealed goods; and (g) detain the traveller for the purpose of a strip search, if the officer also has reasonable grounds to suspect that (i) the traveller has on their person concealed goods or anything that would present a danger to human life or safety, and (ii) the search is necessary for the purpose of maintaining the security of or control over the border. Strip search (2) A strip search referred to in paragraph (1)(g) may be conducted only in accordance with subsections 22 (2) to (5) and sections 25 and 26 , with the reference to “paragraphs (1)(a) and (b)” in subsection 22 (4) to be read as a reference to “subparagraphs 32 (1)(g)(i) and (ii)”. Detention of traveller (3) The exercise of any of the powers set out in subsection (1) with respect to a traveller constitutes a detention of the traveller.
Preclearance Act, 2016 — P-19.32 33
Limitation re information 33 (1) No person is permitted to disclose or use information obtained from a traveller after their withdrawal from preclearance except for the purpose of maintaining the security of or control over the border between Canada and the United States or as otherwise authorized by law. Limitation re biometric information (2) No person is permitted to (a) collect any biometric information in respect of a traveller after the traveller has indicated that they are withdrawing from preclearance; (b) use a photograph of the traveller obtained under paragraph 31 (2)(d) or 32 (1)(b) to produce biometric information; or (c) disclose such a photograph for the purpose of producing biometric information.
Preclearance Act, 2016 — P-19.32 34
Preclearance officer 34 (1) Subject to subsection (2), in a preclearance area or preclearance perimeter, a preclearance officer may seize, including as forfeit, or accept if they are abandoned, goods that are detained by a preclearance officer under paragraph 20 (1)(c) or 28 (e) to the extent, and in a manner, that is consistent with the laws of the United States on importation of goods, immigration, agriculture and public health and safety. Transfer to Canadian officer (2) If the Minister has provided notice that the importation into Canada, exportation from Canada, possession or handling of goods of the type that are detained contravenes Canadian law or if the preclearance officer suspects that the detained goods constitute evidence of an offence under Canadian law, the preclearance officer must transfer the detained goods to a person who is prescribed by regulation, if the goods are prescribed by regulation, or, if the goods are not so prescribed, to a police officer or border services officer. Return of goods to preclearance officer (3) If a person or officer to whom goods are transferred under subsection (2) subsequently returns the goods to a preclearance officer, the preclearance officer may seize them, including as forfeit, or accept them if they have been abandoned. Return or disposal of goods (4) Subject to any regulations, a preclearance officer may, to the extent and in a manner that is consistent with the laws referred to in subsection (1), return any goods that they have seized or dispose of any goods that they have seized or accepted.
Preclearance Act, 2016 — P-19.32 35
Request for assistance — police officer 35 (1) At the request of a preclearance officer, a police officer may, for the purpose of maintaining public peace, (a) remove from a preclearance area a traveller, or a person not authorized to be in the preclearance area, who refuses to comply with a direction given under paragraph 20 (1)(e); (b) bring to a preclearance area a traveller who refuses to comply with a direction given under paragraph 28 (c); and (c) assist the preclearance officer in the exercise of their powers, and performance of their duties and functions, under this Part. Border services officer (2) At the request of a preclearance officer, a border services officer may assist the preclearance officer in conducting a frisk search under section 13 . Frisk search (3) A border services officer or police officer may conduct a frisk search of a traveller if they have reasonable grounds to suspect that the traveller has anything on their person that would present a danger to human life or safety in the following circumstances: (a) in the case of a border services officer, before conducting a strip search under subsection 22 (3) or a monitored bowel movement under subsection 23 (3); (b) in the case of either officer, before transferring the traveller to a medical facility under subsection 24 (3).
Preclearance Act, 2016 — P-19.32 36
Powers and obligations — peace officer 36 (1) A border services officer who is designated under subsection 163.4(1) of the Customs Act and who is exercising powers or performing duties or functions under this Part has, in relation to an offence under any Act of Parliament, the powers and obligations of a peace officer under sections 495 to 497 of the Criminal Code , and subsections 495(3) and 497(3) of that Act apply to the officer as if he or she were a peace officer. Power to detain (2) The officer who arrests a person in the exercise of the powers conferred under subsection (1) may detain the person until the person can be delivered into the custody of a police officer.
Preclearance Act, 2016 — P-19.32 37
False or deceptive statements 37 (1) Every person who makes an oral or written statement to a preclearance officer, police officer or border services officer, with respect to the preclearance of a person or any goods, that the person knows to be false or deceptive or to contain information that the person knows to be false or deceptive is guilty of an offence punishable on summary conviction and is liable to a maximum fine of $5,000. No imprisonment (2) Despite subsection 787(2) of the Criminal Code , a term of imprisonment is not to be imposed for default of payment of a fine imposed under subsection (1).
Preclearance Act, 2016 — P-19.32 38
Obstruction of officer 38 Every person who resists or wilfully obstructs a preclearance officer, police officer or border services officer in the exercise of the officer’s powers or the performance of their duties and functions under this Part, or a person lawfully acting in aid of such an officer, (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) is guilty of an offence punishable on summary conviction.
Preclearance Act, 2016 — P-19.32 39
Claim against the United States 39 (1) An action or other proceeding of a civil nature, in which the United States is not immune under the State Immunity Act from the jurisdiction of a court in Canada, may be brought against the United States in respect of anything that is, or is purported to be, done or omitted by a preclearance officer in the exercise of their powers or the performance of their duties and functions under this Part. Preclearance officer’s immunity (2) No action or other proceeding of a civil nature may be brought against a preclearance officer in respect of anything that is done or omitted in the exercise of their powers or the performance of their duties and functions under this Part. For greater certainty (3) For greater certainty, a preclearance officer is not a servant of the Crown for the purposes of the Crown Liability and Proceedings Act .
Preclearance Act, 2016 — P-19.32 40
Decision not reviewable 40 No decision of a preclearance officer to refuse to conduct preclearance, or to refuse the admission of persons or goods into the United States in accordance with the laws of the United States, is subject to judicial review in Canada.
Preclearance Act, 2016 — P-19.32 41
Reciprocity 41 The Governor in Council may, on the recommendation of the Minister, by order, restrict any immunity or privileges under section 39 or 40 with respect to an action or other proceeding of a civil nature if, in the opinion of the Governor in Council, the immunity or privileges exceed those accorded to Canada by the United States.
Preclearance Act, 2016 — P-19.32 42
Request to third-party state 42 No request under section 78 of the Extradition Act for the extradition or provisional arrest of a current or former preclearance officer may, without the consent of the Government of the United States, be made to a State or entity other than the United States with respect to an act or omission committed by the officer, if the Government of the United States has provided notice under paragraph 14 of Article X of the Agreement that it is exercising primary criminal jurisdiction over the act or omission.