Bill S-22
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EXAMINATION OF GOODS |
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Examination
of goods
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25. (1) A preclearance officer may examine
any goods that are submitted for preclearance,
and may open or cause to be opened any
package or container and take samples of the
goods in reasonable amounts.
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Examination
of currency
and monetary
instruments
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(2) A preclearance officer may examine
currency and monetary instruments that are
found in a preclearance area.
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Right to
detain goods
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26. (1) A preclearance officer
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Detention
mandatory
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(2) A preclearance officer must detain
anything the possession, import, export or
handling of which the officer believes on
reasonable grounds to be an offence under
Canadian law punishable by indictment or on
summary conviction and anything that the
officer believes on reasonable grounds will
afford evidence of that offence, and must
without delay transfer anything so detained to
a Canadian officer who is authorized to
receive it.
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Seizure of
goods
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27. (1) A preclearance officer may seize any
goods referred to in paragraph 26(1)(a) that
the officer believes on reasonable grounds
relate to a false or deceptive statement made
in contravention of section 33.
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Seizure of
evidence
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(2) A preclearance officer may, if the officer
believes on reasonable grounds that there has
been a contravention of section 33, seize any
goods that the officer believes on reasonable
grounds will afford evidence of the
contravention.
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Forfeiture of
seized goods
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28. Subject to subsection 26(2), goods
lawfully seized by a preclearance officer
under this Act are subject to forfeiture
procedures under preclearance laws.
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PASSENGER INFORMATION |
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Definition of
``specified
passenger
information''
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29. For the purposes of sections 30 to 32,
``specified passenger information'' means
information prescribed by regulations under
paragraph 38(1)(c) about any person who is
travelling by aircraft to the United States and
whose travel route provides for arrival in
Canada in an intransit area.
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Duty to
provide
specified
passenger
information
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30. (1) A transportation company that
operates an aircraft carrying passengers
described in section 29 must, before the
arrival of the aircraft in Canada, provide a
preclearance officer with specified passenger
information for those passengers.
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Failure to
provide
specified
passenger
information
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(2) If a transportation company fails to
provide the information required under
subsection (1), the preclearance officer may
refuse to preclear the passengers or their goods
in an intransit area.
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Use of
specified
passenger
information
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31. (1) A preclearance officer may use
specified passenger information for the
purposes of discharging their duties under this
Act and preclearance laws, and may
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Disclosure of
information to
a Canadian
officer
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(2) A preclearance officer may disclose to
a Canadian officer any specified passenger
information and any of the preclearance
officer's findings with respect to the
information, to the extent that the information
is required by the Canadian officer for the
performance of the duties of the Canadian
officer, and to the extent that the Canadian
officer is authorized by law to have access to
the information.
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Use and
destruction of
passenger
information
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32. (1) A preclearance officer must
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Duty to
protect
information
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(2) A preclearance officer must take
reasonable measures to protect specified
passenger information that is under the
officer's control from unauthorized use and
disclosure.
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OFFENCES AND PUNISHMENT |
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False
statements
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33. Every person who makes, participates
in or assents to the making of a false or
deceptive oral or written statement to a
preclearance officer with respect to the
preclearance of travellers or goods for entry
into the United States
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Obstruction of
officer
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34. Every person who resists or wilfully
obstructs a preclearance officer or a Canadian
officer in the execution of the officer's duty or
any person lawfully acting in aid of such an
officer
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Unauthorized
use of
specified
passenger
information
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35. Every person who fails to comply with
the provisions of section 32 is guilty of an
offence and liable on summary conviction to
a fine of not more than $5,000 or to
imprisonment for a term of not more than 12
months, or to both.
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CIVIL LIABILITY AND IMMUNITY |
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Relief against
the United
States
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36. (1) An action or other proceeding of a
civil nature, in which the United States is not
immune under the State Immunity Act from
the jurisdiction of a court in Canada, may be
brought against the United States in respect of
anything that is, or is purported to be, done or
omitted to be done within the scope of their
duties by a preclearance officer.
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Immunity
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(2) No action or other proceeding of a civil
nature may be brought against a preclearance
officer in respect of anything that is done or
omitted to be done by the officer under this
Act or the regulations.
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Crown
Liability and
Proceedings
Act
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(3) For greater certainty, a preclearance
officer is not a servant of the Crown for the
purposes of the Crown Liability and
Proceedings Act.
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Persons
assisting
preclearance
officers
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(4) For the purposes of this section, the term
``preclearance officer'' includes any person
who assists a preclearance officer at the
officer's request, but does not include a
Canadian officer.
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Decisions not
reviewable
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37. No decision of a preclearance officer to
refuse preclearance, or to refuse the admission
of persons or the importation of goods to the
United States, is subject to judicial review in
Canada.
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REGULATIONS |
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Regulations
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38. (1) The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Act, including regulations
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Amendment
of schedule
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(2) The Minister may, by order, amend the
schedule by adding or deleting any law of the
United States with respect to customs,
immigration, public health, food inspection
and plant and animal health that is applicable
to the admission of travellers or the
importation of goods to the United States.
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COMING INTO FORCE |
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Coming into
force
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39. This Act or any of its provisions comes
into force on a day or days to be fixed by order
of the Governor in Council.
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