This enactment amends the Customs Act to exempt certain persons who re-enter Canadian waters aboard a marine pleasure craft from the requirement to present themselves to a customs officer if they re-enter Canadian waters directly from the waters of another country and, while in the waters of that other country, they did not disembark, anchor, moor or make contact with a conveyance and they did not import goods from that other country. It also exempts certain persons entering Canada aboard a marine pleasure craft from that requirement if they enter Canadian waters directly from the waters of another country and they do not, while in Canadian waters and before returning to that other country, disembark, anchor, moor or make contact with a conveyance and export goods. It also adds a regulation-making authority for defining the term “make contact with a conveyance”.

Preamble

Whereas the maritime border between Canada and the United States is home to a vibrant boating community that engages in recreational boating;

Whereas recreational boating supports the economy of both countries;

Whereas Canada imposes excessive reporting requirements on people aboard marine pleasure craft who cross the unmarked Canada–United States maritime border without disembarking, anchoring or mooring in Canada or in the United States or without making contact with other conveyances while in Canadian or American waters;

Whereas it is preferable for Canada to harmonize its reporting requirements with those of the United Sates, where possible, in order to reduce the barriers to recreational boating across this border;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

marine pleasure craft means a vessel, however propelled, other than a seaplane or other similar conveyance, that is used exclusively for pleasure and that does not carry passengers who have paid for passage; (embarcation de plaisance)

Exception — persons returning to Canada aboard a marine pleasure craft

(5.‍1) Subsections (1) and (3) do not apply to any person who re-enters Canadian waters, including the inland waters, directly from the waters of another country aboard a marine pleasure craft if that person did not, while in the waters of that other country, disembark, anchor, moor or make contact with a conveyance and does not import goods, unless an officer requires that person to present himself or herself to the officer.

Exception — persons returning to another country aboard a marine pleasure craft

(5.‍2) Subsections (1) and (3) do not apply to any person who enters Canadian waters, including the inland waters, directly from the waters of another country aboard a marine pleasure craft, if that person does not, while in Canadian waters and before returning to that other country, disembark, anchor, moor or make contact with a conveyance and does not export goods, unless an officer requires that person to present himself or herself to the officer.

Regulations

(5.‍3) The Governor in Council may make regulations defining the term “make contact with a conveyance” for the purpose of subsections (5.‍1) and (5.‍2).