PRECLEARANCE ACT, 2016Preclearance in the United States RegulationsP.C.2024-1358202412
16
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Preclearance in the United States Regulations under subsections 48(7) and 57(1) of the Preclearance Act, 2016a.S.C. 2017, c. 27Grounds of InadmissibilityGrounds of inadmissibilityFor the purposes of subsection 48(4) of the Preclearance Act, 2016, grounds of inadmissibility are prescribed as follows:in the case of a permanent resident, the grounds set out in sections 34 and 35, subsection 36(1) and section 37 of the Immigration and Refugee Protection Act;in the case of a protected person within the meaning of the Immigration and Refugee Protection Act, the grounds set out in sections 34 to 35.1, subsection 36(1) and section 37 of that Act;in the case of a foreign national who holds a permanent resident visa, the grounds set out in sections 34 to 35.1, subsection 36(1) and section 37 of the Immigration and Refugee Protection Act;in the case of a foreign national who holds a permanent resident visa accompanied by a family member who is inadmissible or has been refused entry to Canada through a preclearance area or preclearance perimeter on the grounds set out in any of sections 34 to 35.1, subsection 36(1) or section 37 of the Immigration and Refugee Protection Act, the grounds set out in sections 34 to 35.1, subsection 36(1) and sections 37 and 42 of that Act; andin the case of a foreign national, the grounds set out in sections 34 to 42 of the Immigration and Refugee Protection Act.Adaptations and ExclusionsAdaptations — Immigration and Refugee Protection ActIn respect of a traveller entering Canada through a preclearance area or preclearance perimeter, the Immigration and Refugee Protection Act is adapted as follows:subsection 11(1) is to be read as follows:A foreign national must, before entering Canada or before entering a preclearance area or preclearance perimeter, apply to an officer for a visa or for any other document required by the regulations.subsection 11(1.01) is to be read as follows:Despite subsection (1), a foreign national must, before entering Canada or before entering a preclearance area or preclearance perimeter, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means.a reference to “on their entry” in section 19 is to be read as a reference to “in a preclearance area or preclearance perimeter”;the reference to “have come to Canada” in paragraph 20(1)(a) of the English version is to be read as a reference to “are coming to Canada through a preclearance area or preclearance perimeter”;the reference to “upon arrival in Canada” in subsection 24(2) is to be read as a reference to “upon arrival in a preclearance area or preclearance perimeter”; andthe reference to “outside Canada” in the portion of subsection 31(3) before paragraph (a) is to be read as a reference to “outside a preclearance area or preclearance perimeter”.Adaptations — Immigration and Refugee Protection RegulationsIn respect of a traveller entering Canada through a preclearance area or preclearance perimeter, the Immigration and Refugee Protection Regulations are adapted as follows:in the following provisions, a reference to “subsection 44(2) of the Act” is to be read as a reference to “subsection 48(5) of the Preclearance Act, 2016”:paragraph 12.06(d),paragraph 37(1)(d), andparagraph 41(b);in the following provisions, a reference to “port of entry” is to be read as a reference to “preclearance area or preclearance perimeter”:subsection 27(1),paragraphs 37(1)(a) and (d),the portion of section 38 before paragraph (a) and paragraph 38(a),subsections 40(1) and (3),subsection 71.1(1), andparagraph 240(1)(a);the reference to “departure from Canada” in paragraph 37(1)(c) is to be read as a reference to “departure from the preclearance area or preclearance perimeter”;the reference to “leave Canada” in subsection 40(1) is to be read as a reference to “leave the preclearance area or preclearance perimeter”;in the following provisions, a reference to a time period that begins on the day on which a traveller enters Canada is to be read as a time period that begins on the day on which the traveller is authorized in a preclearance area or preclearance perimeter to enter Canada:subparagraph 132(1)(a)(i),paragraphs 183(3)(a) and (b), andparagraph 184(2)(b);in the following provisions, a reference to “enters Canada” or “entering Canada” is to be read as a reference to “enters Canada through a preclearance area or preclearance perimeter” or “entering Canada through a preclearance area or preclearance perimeter” respectively:the portion of subsection 184(2) before paragraph (b),subsection 198(1) and the portion of subsection 198(2) before paragraph (a), andthe portion of section 214 before paragraph (a);in the following provisions, a reference to “before entering Canada” is to be read as a reference to “before entering a preclearance area or preclearance perimeter”:section 197, andsection 213;the reference to “entry into Canada” in paragraph 180(b) of the English version is to be read as “entry into Canada through a preclearance area or preclearance perimeter”; andthe reference to “contrôle d’arrivée” in paragraph 180(b) of the French version is to be read as a reference to “contrôle d’arrivée dans une zone de précontrôle ou un périmètre de précontrôle”.Exclusions — Immigration and Refugee Protection RegulationsThe following provisions of the Immigration and Refugee Protection Regulations do not apply in a preclearance area or preclearance perimeter:paragraphs 38(b) to (h);paragraph 41(c); andsubsection 188(2).Adaptations — enactments under the Customs TariffIn respect of a traveller entering Canada through a preclearance area or preclearance perimeter,a reference to “the province where the customs office through which the alcoholic beverages are imported is located” in paragraph 3(2)(a) of the Returning Persons Exemption Regulations is to be read as “the province where the person enters Canada”;a reference to “the province in which the customs office where the alcoholic beverages are imported is situated” in paragraph 3(a) of the Tariff Item No. 9805.00.00 Exemption Order is to be read as “the province where the person enters Canada”; anda reference to “the province in which the customs office where the alcoholic beverages are imported is situated” in paragraph 2(a) of the Tariff Item No. 9807.00.00 Exemption Order is to be read as “the province where the settler enters Canada”.Adaptations — Plant Protection RegulationsFor the purposes of the Preclearance Act, 2016, a reference to “place of entry” in the Plant Protection Regulations includes a reference to a preclearance area or preclearance perimeter.Coming into ForceRegistrationThese Regulations come into force on the day on which they are registered.