First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018

STATUTES OF CANADA 2018

CHAPTER 30 An Act to amend the Customs Act

ASSENTED TO December 13, 2018 BILL C-21

This enactment amends the Customs Act to authorize the Canada Border Services Agency to collect, from prescribed persons and prescribed sources, personal information on all persons who are leaving or have left Canada. It also amends the Act to authorize an officer, as defined in that Act, to require that goods that are to be exported from Canada are to be reported despite any exemption under that Act. In addition, it amends the Act to provide officers with the power to examine any goods that are to be exported. Finally, it amends the Act to authorize the disclosure of information collected under the Customs Act to an official of the Department of Employment and Social Development for the purposes of administering or enforcing the Old Age Security Act.

64-65-66-67 Elizabeth II

CHAPTER 30

An Act to amend the Customs Act

[Assented to 13th December, 2018]

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

Collection of Information About Persons and Goods

Persons Leaving Canada

Information

92 (1) In relation to any person who is leaving Canada or who has left Canada, the Agency may collect, from a prescribed source, in the prescribed circumstances, within the prescribed time and in the prescribed manner, the following information:

• (a) the surname, first name and middle names, the date of birth, the citizenship or nationality and the sex of the person;

• (b) the type of travel document that identifies the person, the name of the country or organization that issued the travel document and the travel document number; and

• (c) the date, time and place of the person’s departure from Canada and, if the person arrives in the United States, the date, time and place of their arrival.

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations

• (a) prescribing the sources from which the information may be collected;

• (b) respecting the circumstances in which the information may be collected; and

• (c) respecting the time within which and the manner in which the information may be collected.

Information given to Agency

93 (1) With respect to a prescribed conveyance that departs or is expected to depart from a place inside Canada and that has a final destination outside of Canada, a prescribed person shall give the Agency, in the prescribed circumstances, within the prescribed time and in the prescribed manner,

• (a) in relation to the conveyance or its travel route, the last place inside Canada from which it departed, regardless of whether persons boarded the conveyance at that place, the date and time of that departure and any prescribed information; and

• (b) in relation to any person on board or expected to be on board that conveyance, the following information:

  • (i) the surname, first name and middle names, the date of birth, the citizenship or nationality and the sex of the person,

  • (ii) the type of travel document that identifies the person, the name of the country or organization that issued the travel document and the travel document number, and

  • (iii) any unique passenger reference assigned to the person by the prescribed person.

Notification

(2) The Minister may issue a notification to any person who is required to give information under subsection (1) to require the person to take any specified measure with respect to the information.

Obligation to comply

(3) The person to whom the notification is issued shall comply with the notification.

Provision of information despite restriction

(4) Any restriction under the Aeronautics Act on the disclosure of information does not apply to a person who is required to give information under subsection (1).

Regulations

(5) The Governor in Council may make regulations for the purposes of this section, including regulations

• (a) prescribing the information that must be given under paragraph (1)‍(a);

• (b) respecting the conveyances in relation to which information must be given under subsection (1);

• (c) prescribing the persons or classes of persons who must give the information under subsection (1);

• (d) respecting the circumstances in which the information must be given under subsection (1); and

• (e) respecting the time within which and the manner in which the information must be given under subsection (1).

Retention of collected information

93.‍1 Subject to section 6 of the Privacy Act, information collected under sections 92 and 93 shall be retained by the Agency for a period of not more than 15 years beginning on the day on which the information is collected.

Obligation to answer questions

94 Every person who is leaving Canada shall, if requested to do so by an officer, present themselves to an officer and answer truthfully any questions asked by an officer in the performance of their duties under this or any other Act of Parliament.

Exportation of Goods

Report

95 (1) Subject to subsections (1.‍1) and (1.‍2) and paragraph (2)‍(a), all goods that are exported shall be reported at any time and place and in any manner that may be prescribed.

Exception — entry and departure

(1.‍1) Goods that are on board 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 are exempted from the requirements of subsection (1).

Exception — departure and re-entry

(1.‍2) Goods that are on board 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 are exempted from the requirements of subsection (1).

Powers of officer

(1.‍3) However, an officer may require that goods exempted under subsection (1.‍1) or (1.‍2) or the regulations made under paragraph (2)‍(a) be reported under subsection (1).

Detention of imported or exported goods

97.‍25 (1) Any goods that are to be exported, that have been reported under section 95 or that have been imported, by or on behalf of a debtor, are subject to a lien or hypothec for the amount owed by the debtor and may be detained by an officer at the expense of the debtor until that amount is paid.

Conveyances

(2) Any conveyance used for the importation or exportation of goods in respect of which a notice has been served under section 109.‍3 is subject to a lien or hypothec for the amount owed by the debtor and may be detained by an officer at the expense of the person on whom the notice was served until the amount set out in the notice is paid.

Sale of detained goods

(3) Subject to the regulations, the Minister, on giving 30 days’ notice in writing to the debtor at the debtor’s latest known address, may direct that any good imported or to be exported, or any good reported under section 95, by or on behalf of the debtor, or any conveyance, that has been detained be sold

• (c) at any time up to the time of exportation, examine any goods that are to be exported or that have been reported under section 95 and open or cause to be opened any package or container of those goods and take samples of those goods in reasonable amounts;

• (i) an official of the Department of Employment and Social Development solely for the purpose of administering or enforcing the Employment Insurance Act or the Old Age Security Act, if the information relates to the movement of people into and out of Canada;

Smuggling — into Canada

159 (1) Every person commits an offence who smuggles or attempts to smuggle into Canada, whether clandestinely or not, any goods that are subject to duties, or any goods the importation of which is prohibited, controlled or regulated under this or any other Act of Parliament.

Smuggling — out of Canada

(2) Every person commits an offence who smuggles or attempts to smuggle out of Canada, whether clandestinely or not, any goods that are subject to duties, or any goods the exportation of which is prohibited, controlled or regulated under this or any other Act of Parliament.

General offence and punishment

160 (1) Every person who contravenes section 11, 12, 13, 15 or 16, subsection 20(1), section 31 or 40, subsection 43(2), section 94, subsection 95(1) or (3), 103(3) or 107(2) or section 153, 155, 156 or 159.‍1 or commits an offence under subsection 159(1) or (2) or knowingly contravenes an order referred to in subsection 107(11)