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This enactment authorizes, on a reciprocal basis, the United States
to preclear travellers and goods in Canada for entry into the U.S. The
U.S. may administer in Canada laws related to customs, immigration,
public health, food inspection and plant and animal health.
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These laws may be administered only in designated preclearance
areas and are subject to the Canadian Charter of Rights and Freedoms,
the Canadian Bill of Rights and the Canadian Human Rights Act.
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No provision of American law that would be criminal under
Canadian law may be administered in Canada. Criminal matters must
be dealt with by Canadian authorities under Canadian law.
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U.S. officers are authorized to conduct frisk searches of persons and
to detain them for transfer to a Canadian officer. They may also examine
and seize goods, which may then be subject to forfeiture. U.S. officers
may impose monetary penalties on a person who makes a false
declaration, or may deliver the person to a Canadian officer to be
charged.
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Air transportation companies are required to provide specified
information about passengers passing through Canada to the U.S., if the
passengers wish to use intransit facilities.
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