GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
European Space Agency Privileges and Immunities Order — European Space Agency Privileges and Immunities Order
Organization means the European Space Agency. ( Organisation )
European Space Agency Privileges and Immunities Order — 2
Legal capacity 2 (1) The Organization has the legal capacities of a body corporate. Organization (2) The Organization has, to the extent set out in paragraph 2 of Article X of the Agreement, the privileges and immunities set out in Articles II and III of the Convention. Representatives of Member States (3) The representatives of the Member States of the Organization have, to the extent set out in paragraph 5 of Article X of the Agreement, the privileges and immunities set out in Article IV of the Convention. These privileges and immunities are accorded for the purpose of safeguarding the independent exercise of the representatives’ functions in connection with the Organization and not for the personal benefit of the representatives. Officials (4) The officials of the Organization that are referred to in paragraph 3 of Article X of the Agreement have, to the extent set out in that paragraph, the privileges and immunities set out in Article V of the Convention. These privileges and immunities are accorded in the interest of the Organization and not for the personal benefit of the officials.
European Space Agency Privileges and Immunities Order — 3
3 The European Space Agency Privileges Order 1 is repealed. 1 SOR/82-464
European Space Agency Privileges and Immunities Order — Agreement
Agreement * 4 This Order comes into force on the day on which the Cooperation Agreement Between the Government of Canada and the European Space Agency, done at Paris on February 12, 2019, enters into force. * [Note: Order in force June 13, 2019.]
Preclearance in Canada Regulations — (a)
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness and the Minister of Transport, makes the annexed Preclearance in Canada Regulations pursuant to (a) section 4.71 a of the Aeronautics Act b ; a S.C. 2004, c. 15, s. 5 b R.S., c. A-2 (b) paragraph 133(b) and subparagraph 133(h)(i) of the Customs Tariff c ; c S.C. 1997, c. 36 (c) subsection 5(1) of the Immigration and Refugee Protection Act d ; and d S.C. 2001, c. 27 (d) section 43 of the Preclearance Act, 2016 e . e S.C. 2017, c. 27
Preclearance in Canada Regulations — (a)
(a) section 4.71 a of the Aeronautics Act b ; a S.C. 2004, c. 15, s. 5 b R.S., c. A-2
Preclearance in Canada Regulations — (b)
(b) paragraph 133(b) and subparagraph 133(h)(i) of the Customs Tariff c ; c S.C. 1997, c. 36
Preclearance in Canada Regulations — (c)
(c) subsection 5(1) of the Immigration and Refugee Protection Act d ; and d S.C. 2001, c. 27
Preclearance in Canada Regulations — (d)
(d) section 43 of the Preclearance Act, 2016 e . e S.C. 2017, c. 27
Preclearance in Canada Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Preclearance Act, 2016 . ( Loi ) Minister , in relation to a preclearance area or preclearance perimeter, means the Minister with the authority to designate that preclearance area or preclearance perimeter under sections 6 to 8 of the Act. ( ministre ) operator means an entity, other than the Government of Canada or the Government of the United States, responsible for the operation of a facility and includes a terminal operator. ( exploitant ) SOR/2026-25, s. 1
Preclearance in Canada Regulations — Preclearance in Canada Regulations
Act means the Preclearance Act, 2016 . ( Loi )
Preclearance in Canada Regulations — Preclearance in Canada Regulations
Minister , in relation to a preclearance area or preclearance perimeter, means the Minister with the authority to designate that preclearance area or preclearance perimeter under sections 6 to 8 of the Act. ( ministre )
Preclearance in Canada Regulations — Preclearance in Canada Regulations
operator means an entity, other than the Government of Canada or the Government of the United States, responsible for the operation of a facility and includes a terminal operator. ( exploitant )
Preclearance in Canada Regulations — 2
Authorized persons 2 (1) For the purposes of paragraph 17(d) of the Act, the following persons may enter a preclearance area: (a) the holder of an access pass — issued under these Regulations by or under the authority of an operator of a facility and entitling the holder to have access during a specified period to the preclearance area — who must enter the preclearance area in order to perform the functions of their employment; (b) a person who is authorized by the preclearance officer to enter the preclearance area; (c) a person who is authorized to administer or enforce Canadian law who must enter the preclearance area for that purpose; and (d) a provider of emergency services who must enter the preclearance area in the performance of their duties. Notification and surveillance (2) For the purposes of paragraph 17(e) of the Act, the operator of a facility must (a) in the case of a person that they have authorized to enter the preclearance area in order to perform urgent repair, notify a preclearance officer of that entry and ensure the constant surveillance of the person while they are in the area; and (b) in the case of any other person that they have authorized to enter the preclearance area, give a preclearance officer reasonable notice of the entry and ensure the constant surveillance of the person while they are in the area. SOR/2024-261, s. 1(F) SOR/2026-25, s. 2
Preclearance in Canada Regulations — 2.01
Application — eligibility 2.01 A person is eligible to submit an application for access clearance if the following conditions are met: (a) they are employed and must, in accordance with paragraph 2(1)(a), enter a preclearance area to perform the functions of their employment or is applying for such employment; (b) they have (i) no judicial record of a conviction in the five years prior to the date of application, for an offence committed in Canada referred to in Schedule 1, unless a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence, (ii) no judicial record of a conviction, in the 10 years prior to the date of application, for an offence committed in Canada referred to in Schedule 2, unless a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence, or (iii) no judicial record of a conviction for an offence committed in the United States in the five or 10 years prior to the date of application that, if it had occurred in Canada, would constitute an offence referred to in subparagraph (i) or (ii), respectively, unless the equivalent of a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence; (c) in the case where they hold a valid access clearance, that clearance expires within 12 months after the date of application; (d) in the case where they must access a restricted area set out by or under an Act of Parliament in order to enter a preclearance area, or must enter a preclearance area that overlaps a restricted area, they have the relevant security clearance to enter the restricted area or have applied for that clearance; and (e) a security clearance referred to in paragraph (d) or an access clearance granted to them under these Regulations is not suspended on the date of the application or was not revoked in the five years prior to the date of the application and no application in respect of that security clearance or access clearance has been refused during that period. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.03
Submission 2.03 An applicant must submit their application for access clearance in a manner specified by the Minister. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.04
Inadmissibility 2.04 (1) The Minister may determine an application to be inadmissible if it does not contain the information or documents set out in section 2.02 or if it is submitted by an applicant who does not meet the conditions set out in section 2.01 . Notice (2) When the Minister determines an application for access clearance to be inadmissible, the Minister must notify the applicant in writing of the determination, including any reasons for the determination. Outstanding charge (3) If the application is inadmissible because the applicant has an outstanding charge for an offence referred to in paragraph 2.01 (b), the notice must specify that the applicant may present a new application after the charge has been disposed of otherwise than by a conviction. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.05
Granting 2.05 (1) The Minister may grant access clearance to a person who submits an application that is admissible if the Minister has no reasonable grounds to suspect that the person poses a risk to border security and integrity. Factors to consider (2) In making a decision under subsection (1), the Minister must consider the relevant factors in assessing the risks to border security and integrity, including (a) the safety and security of persons in the preclearance area; (b) the safety and security of a conveyance destined for the United States, its passengers and persons operating and maintaining the conveyance; (c) the integrity of measures designed to prevent unauthorized entry of persons or goods into a preclearance area; (d) the ability of a preclearance officer to exercise their powers and the performance of duties and functions; (e) the ability of a border services officer to exercise their powers and the performance of duties and functions; (f) the history of the applicant’s involvement in (i) acts of violence against persons or property, (ii) any activity of a criminal organization, criminal activity or offence related to border security, including trafficking in a controlled substance, firearms, counterfeit goods or currency, trafficking in or smuggling of persons, and terrorism, and (iii) any transnational criminality, including cybercrime, economic crimes or criminal activity involving the use of a computer; (g) the applicant’s association with a person who is known to be involved in activities or is a member of a group set out in paragraph (f) ; and (h) any reasonable grounds to suspect that the applicant may be induced to commit an act or to assist or abet any person to commit an act that might constitute a risk to border security and integrity. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.06
Refusal — fraudulent, false or misleading information 2.06 (1) The Minister may refuse to grant access clearance if the Minister has reasonable grounds to believe that, in the five years prior to the date of application, the applicant has submitted fraudulent, false or misleading information in an application for access clearance or security clearance with the Government of Canada. Refusal — unreliable or insufficient information (2) The Minister may refuse to grant access clearance if, in the opinion of the Minister, the information available to the Minister is not verifiable, reliable or sufficient to determine the risk to the security and integrity of the border. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.07
Notice — intention 2.07 (1) If the Minister intends to refuse to grant access clearance, the Minister must notify the applicant in writing. Written representations (2) The notice must set out the reasons for the Minister’s intention and provide the applicant with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent. Consideration (3) The Minister must not refuse to grant access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first. Notice — refusal (4) The Minister must notify the applicant in writing of a refusal. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.08
Notice — granting 2.08 (1) The Minister must notify the applicant or the operator of a decision to grant access clearance and specify its expiry date. Validity period (2) An access clearance is valid until the end of the five-year period from the day on which the verifications set out in section 2.11 have concluded or, if applicable, the expiry date of the security clearance referred to in paragraph 2.01 (d), whichever is earlier. Operator — information sharing (3) The Minister must provide an operator with the information necessary to control access to the preclearance area. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.09
Access clearance — suspension 2.09 (1) The Minister may suspend access clearance on receipt of information that could change the Minister’s determination to grant access clearance to a preclearance area. Notice — suspension (2) Immediately after suspending an access clearance, the Minister must notify the holder in writing of the suspension. Written representations (3) The notice must set out the reasons for the suspension and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent. Reinstatement (4) The Minister may reinstate the access clearance if there are no reasonable grounds to suspect that the holder poses a risk to border security and integrity. Suspension — effect (5) If an access clearance is suspended and subsequently reinstated, the end of the validity period remains the same as that established at the time of its issue. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.1
Access clearance — revocation 2.1 (1) The Minister may revoke an access clearance if the Minister determines that the holder (a) may pose a risk to border security and integrity; or (b) is ineligible under any of paragraphs 2.01 (b), (d) and (e). Notice — intention (2) If the Minister intends to revoke an access clearance, the Minister must, notify the holder in writing. Written representations (3) The notice must set out the reasons for the revocation and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent. Consideration (4) The Minister must not revoke an access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first. Notice — revocation (5) The Minister must notify the holder in writing of the decision. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.11
Verifications 2.11 In making decisions under these Regulations, the Minister may conduct verifications, including verifying (a) the applicant’s judicial record; (b) information held by Canadian and foreign law enforcement agencies, border services agencies, intelligence services or the Department of Transport; (c) if the applicant was born outside Canada, their immigration and citizenship status. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.12
Notice to operator 2.12 The Minister must immediately notify the relevant operator of a decision that suspends or revokes an access clearance or that reinstates that clearance. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.13
New application 2.13 If the Minister revokes or refuses to grant an access clearance, an applicant may submit a new application only if a) a period of five years has passed since the day on which the access clearance was revoked or refused; or b) a significant change in circumstances or a new fact is discovered that could have warranted a different decision. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.14
Non-disclosure 2.14 The reasons included in the decisions provided to the applicant or holder under these Regulations must not contain any information whose disclosure could be injurious to Canada’s national security, to ongoing or prospective law enforcement or intelligence operations or investigations, or that might reveal sensitive means and methods related to such operations, investigations, or the collection of intelligence. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.15
Issue 2.15 (1) On receiving a notice from the Minister that a person has been granted access clearance, an operator may issue an access pass to that person. Confirmation of identity (2) Before issuing an access pass, the operator must confirm the identity of the person by means of a valid photo-bearing identification issued by the Government of Canada, the government of any province, territory or municipality in Canada or a valid passport. Access pass — content (3) An access pass must display (a) the complete name of the facility; (b) the full name of the holder of the access pass; (c) a photo of the holder of the access pass; (d) a unique number; (e) an expiry date that does not exceed the expiry date of the access clearance of the holder; and (f) a visual indicator that distinguishes an access pass from any other pass used in the facility. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.16
Obligations of holder 2.16 (1) A holder of an access pass must only use it to perform the functions of their employment and must, when doing so, display it in such a way that their photo is visible at all times. Loss or theft (2) A holder of an access pass must notify the operator immediately of the loss or theft of their access pass. Return of access pass — holder (3) A holder of an access pass must return their pass to the operator when they no longer require access to the preclearance area. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.17
Return of access pass — anyone 2.17 Any person who possesses an access pass must, if requested by the operator, a law enforcement agent, a border services officer or the Minister, return the pass to the requester. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 2.18
Prohibition 2.18 It is prohibited to (a) loan or give an access pass to a person who is not the holder of that pass; (b) have or use an access pass that is issued to another person; (c) provide another person with access to or assistance in entering a preclearance area, unless that person is expressly authorized to do so; (d) alter or tamper with an access pass; (e) make or reproduce an access pass; and (f) use a counterfeit access pass. SOR/2026-25, s. 3
Preclearance in Canada Regulations — 3
Citizen under the age of 16 3 For the purposes of paragraph 18(1)(a) of the Act, a traveller bound for the United States by any mode of transportation other than air does not require identification that contains their photograph if they are a Canadian citizen under the age of 16.
Preclearance in Canada Regulations — 4
Obligations under subsection 18(3) of the Act 4 For the purposes of subsection 18(3) of the Act, a person must, if directed by a preclearance officer, (a) report to a preclearance officer, identify themselves and state their reason for being in a preclearance area; and (b) leave a preclearance area if they are not authorized to be there.
Preclearance in Canada Regulations — 5
Armed police officer 5 (1) The operator of a facility must, if preclearance officers are not permitted to be armed in a preclearance area or in a preclearance perimeter, ensure the continuous presence of at least one armed police officer in the facility during the hours in which preclearance activities are ongoing. Patrols and response (2) The operator of the facility must ensure that the armed police officer makes regular patrols within the preclearance areas and preclearance perimeters in which preclearance officers are not permitted to be armed and responds rapidly and in person to any emergency calls from, or alarms activated by, a preclearance officer.
Preclearance in Canada Regulations — 6
Inform in writing 6 A traveller who elects under section 26.1 of the Act to inform the Canadian senior officials of the Preclearance Consultative Group of any situation referred to in sections 22, 23 and 24, subsection 31(2) and section 32 of the Act must do so in writing.
Preclearance in Canada Regulations — 7
Transfer of certain seized goods 7 (1) A preclearance officer must, as soon as feasible after seizing any of the following goods under subsection 34(1) or (3) of the Act, transfer them for disposal to a peace officer or a person who is authorized to enforce a relevant Act of Parliament: (a) goods that are subject to the public health, food inspection or plant and animal health laws of either Canada or the United States; (b) goods that are, or contain, nuclear substances as defined in section 2 of the Nuclear Safety and Control Act ; and (c) goods that are dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 . Notice to traveller (2) The preclearance officer must immediately give to the traveller a written notice advising them of the following: (a) that the goods are seized under subsection 34(1) or (3) of the Act; (b) the reasons for the seizure; and (c) that the goods will be transferred for disposal as soon as feasible to a person who is authorized to administer or enforce a relevant Act of Parliament. SOR/2024-261, s. 2
Preclearance in Canada Regulations — 8
Notice to traveller — other seized goods 8 A preclearance officer who, under subsection 34(1) or (3) of the Act, seizes goods other than goods described in paragraphs 7 (1)(a) to (c) of these Regulations must immediately give to the traveller a written notice advising them of the following: (a) that the goods are seized under subsection 34(1) or (3) of the Act; (b) the reasons for the seizure; (c) if applicable, the requirements under the laws of the United States that must be complied with before the goods may be imported into the United States; and (d) if applicable, the steps that must be taken in order to avoid forfeiture of the goods to the Government of the United States.
Preclearance in Canada Regulations — 9
Transfer of detained goods 9 A preclearance officer must, as soon as feasible after detaining, under subsection 34(2) of the Act, any of the goods described in paragraphs 7(1)(a) to (c) of these Regulations, transfer the goods to a peace officer or a person who is authorized to enforce a relevant Act of Parliament. SOR/2024-261, s. 3
Preclearance in Canada Regulations — 15
15 The following Regulations are repealed: (a) the Manner of Disposal of Detained, Seized or Forfeited Goods Regulations (Preclearance Act) 6 ; 6 SOR/2002-145 (b) the Regulations Excluding Certain Things from the Definition of “Goods” under the Preclearance Act 7 ; 7 SOR/2002-146 (c) the Passenger Information Regulations (Preclearance Act) 8 ; and 8 SOR/2002-147 (d) the Regulations Designating Persons and Categories of Persons — Other Than Travellers Destined for the United States — Who May Enter a Preclearance Area 9 . 9 SOR/2002-148
Preclearance in Canada Regulations — S.C. 2017, c. 27
S.C. 2017, c. 27 * 16 These Regulations come into force on the day on which the Preclearance Act, 2016 , comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force August 15, 2019.]