Short title
Customs Act
Immigration and Refugee Protection Act
Coordinating Amendment
Explanatory Notes
First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
SENATE OF CANADA
BILL S-233
An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements)
FIRST READING, December 8, 2016
THE HONOURABLE SENATOR Runciman
4211621
SUMMARY
This enactment amends the Customs Act to exempt certain persons from the requirement to present themselves to a customs officer if
(a) they enter Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance directly from another country and return to that other country without stopping while in Canadian waters, including inland waters, or in the airspace over Canada; or
(b) they leave Canadian waters, including the inland waters, on board a conveyance and then re-enter Canadian waters, including the inland waters, without stopping while in the waters of the other country or the airspace over that other country,
unless the officer requires them to comply with subsections 11(1) and (3) of that Act.
It also exempts the goods imported on board such a conveyance from the requirement to be reported at a customs office unless an officer otherwise requires. Further, it adds a regulation-making authority for defining the expression “make contact with a conveyance”.
Finally, this enactment amends the Immigration and Refugee Protection Act by adding a regulation-making authority exempting certain persons or categories of persons from the requirement to appear for an examination to determine their right to enter or remain in Canada.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
1st Session, 42nd Parliament, 
64-65 Elizabeth II, 2015-2016
SENATE OF CANADA
BILL S-233
An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
Short title
1 This Act may be cited as the Conveyance Presentation and Reporting Requirements Modernization Act.
R.‍S.‍, c. 1 (2nd Supp.‍)
Customs Act
2 Subsection 11(5) of the Customs Act is replaced by the following:
Entry and departure
(5) Subject to the regulations, subsections (1) and (3) do not apply to any of the following persons, unless an officer requires them to comply with those subsections:
(a) a person who enters and then leaves Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada; or
(b) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance directly from another country and then returns to that other country on board the conveyance if the person did not disembark, anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or did not moor or tether while in the airspace over Canada.
Departure and entry
(5.‍1) Subject to the regulations, subsections (1) and (3) do not apply to any of the following persons, unless an officer requires them to comply with those subsections:
(a) a person who leaves and then re-enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place inside Canada to another place inside Canada; or
(b) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance and then re-enters Canadian waters, including the inland waters, directly from another country on board the conveyance if the person did not disembark, anchor, moor or make contact with another conveyance while in the waters of that other country, or did not moor or tether while in the airspace over that other country.
3 Subsection 12(5) of the Act is replaced by the following:
Exception — entry and departure
(5) Subject to the regulations, unless an officer otherwise requires, this section does not apply in respect of goods on board a conveyance
(a) that enters and then leaves Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada; or
(b) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from another country and then returns to that other country if the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or did not moor or tether while in the airspace over Canada.
Exception — departure and entry
(5.‍1) Subject to the regulations, unless an officer otherwise requires, this section does not apply in respect of goods on board a conveyance
(a) that leaves and then re-enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place inside Canada to another place inside Canada; or
(b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canadian waters, including the inland waters, directly from another country if the conveyance did not anchor, moor or make contact with another conveyance while in the waters of that other country, or did not moor or tether while in the airspace over that other country.
4 The Act is amended by adding the following after section 12:
Regulations
12.‍01 The Governor in Council may make regulations for the purposes of sections 11 and 12, including regulations
(a) prescribing the circumstances under which persons, goods or classes thereof on board a conveyance, or classes thereof, are required to present themselves or to be reported, as the case may be, despite subsection 11(5) or (5.‍1) or 12(5) or (5.‍1); or
(b) defining the expression “make contact with another conveyance” for the purposes of subsections 11(5) and (5.‍1) and 12(5) and (5.‍1) and the circumstances under which a person, a conveyance or a class thereof makes contact 
with another conveyance.
2001, c. 27
Immigration and Refugee Protection Act
5 Subsection 18(1) of the Immigration and Refugee Protection Act is replaced by the following:
Examination by officer
18 (1) Subject to the regulations, every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.
6 Section 26 of the Act is renumbered as subsection 26(1) and is amended by adding the following:
Exemptions
(2) The regulations may exempt persons or categories of persons from the application of section 18 and prescribe the conditions under which the exemption applies.
Coordinating Amendment
7 If Bill C-21, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Customs Act, receives royal assent, then, on the first day on which both section 3 of that Act and section 4 of this Act are in force, subsections 95(1.‍1) and (1.‍2) of the Customs Act are replaced by the following:
Exception — entry and departure
(1.‍1) Goods that are on board any of the following conveyances are exempted from the requirements of subsection (1):
(a) a conveyance that enters and then leaves Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada; or 
(b) a conveyance that enters Canadian waters, including the inland waters, or the airspace over Canada directly from another country and then returns to that other country if the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or did not moor or tether while in the airspace over Canada.
Exception — departure and re-entry
(1.‍2) Goods that are on board any of the following conveyances are exempted from the requirements of subsection (1):
(a) a conveyance that leaves and then re-enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place inside Canada to another place inside Canada; or
(b) a conveyance that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canadian waters, including the inland waters, directly from another country if the conveyance did not anchor, moor or make contact with another conveyance while in the waters of that other country, or did not moor or tether while in the airspace over that other country.
Published under authority of the Senate of Canada
EXPLANATORY NOTES
Customs Act
Clause 2: Existing text of subsection 11(5):
(5) Subsections (1) and (3) do not apply to any person who enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada unless an officer requires that person to comply with those subsections.
Clause 3: Existing text of subsection 12(5):
(5) This section does not apply in respect of goods on board a conveyance that enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada unless an officer otherwise requires.
Clause 4: New.
Immigration and Refugee Protection Act
Clause 5: Existing text of subsection 18(1):
18 (1) Every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.
Clause 6: New.