Registration
SOR/2008-27 January 31, 2008

CUSTOMS ACT

Regulations Amending the Presentation of Persons (2003) Regulations

P.C. 2008-0183 January 31, 2008

Whereas Part 1 of the annexed Regulations gives effect to a public announcement made on December 14, 2006;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 11.1(3) (see footnote a) and paragraphs 164(1)(b) (see footnote b) and (j) of the Customs Act (see footnote c), hereby makes the annexed Regulations Amending the Presentation of Persons (2003) Regulations.

definitions	REGULATIONS AMENDING THE PRESENTATION OF PERSONS (2003) REGULATIONS
	PART 1
	RETROACTIVE AMENDMENTS
	1. The portion of section 6.1 of the Presentation of Persons (2003) Regulations (see footnote 1) before paragraph (a) is replaced by the following:
NEXUS program (air, land and marine)	6.1 The Minister may issue an authorization that is recognized in both Canada and the United States to a person, other than a commercial driver, to present themself in the alternative manners described in paragraph 11(a), subparagraph 11(d)(ii) and paragraph 11(e) if the person
	2. Subsection 10(4) of the Regulations is replaced by the following:
Duration	(4) An authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(a) expires one year after the date of its issuance.
	3. Subsections 24(1.1) and (2) of the Regulations are replaced by the following:
Certain CANPASS programs	(1.1) The fee for the issuance or renewal of an authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) is $40.
CANPASS — Commercial aircraft	(2) The fee for the issuance or renewal of an authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(a) is $50.
	PART 2
	NON-RETROACTIVE AMENDMENTS
	4. (1) The portion of paragraph 6(f) of the Regulations before subparagraph (i) is replaced by the following: (f) has resided only in one or more of the following countries during the three-year period preceding the day on which the application was received:
	(2) Subparagraph 6(f)(i) of the English version of the Regulations is replaced by the following: (i) Canada or the United States, or
	5. Section 6.1 of the Regulations is amended by striking out the word “and” at the end of paragraph(a) and by replacing paragraph (b) with the following: (b) has their eligibility to obtain an American authorization to present themself on arrival in the United States in the alternative manners described in paragraph 11(a), subparagraph 11(d)(ii) and paragraph 11(e) confirmed by the United States Department of Homeland Security; and (c) provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them.
	6. Paragraph 6.2(c) of the Regulations is replaced by the following: (c) provides a copy of their fingerprints and consents in writing to their use by the Minister for the purposes of identifying the person and performing background and criminal record checks on them;
	7. Section 6.3 of the Regulations is amended by adding the word “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).
	8. (1) The portion of subsection 7(2) of the Regulations before paragraph (b) is replaced by the following:
Application on behalf of another person	(2) A person may apply for an authorization under section 6 or 6.1 on behalf of
	(2) Subsection 7(2.1) of the Regulations is repealed.
	9. (1) Subsection 10(1) of the Regulations is replaced by the following:
Duration	10. (1) An authorization referred to in section 6 to present oneself in an alternative manner described in paragraph 11(b), (c) or (e) and an authorization referred to in section 6.1 or 6.2 expire five years after the date of their issuance.
	(2) Subsection 10(2) of the French version of the Regulations is replaced by the following:
Durée de validité	(2) L’autorisation accordée en vertu de l’article 8 est périmée une fois que la personne autorisée s’est présentée par l’entremise du responsable de l’aéronef d’affaires.
	10. Subsection 17(1) of the Regulations is replaced by the following:
Marine pleasure craft	17. (1) Every authorized person in charge of a marine pleasure craft that has as its destination a place in Canada who intends to present themself and any passengers aboard the craft who are authorized to present themselves in the manner described in paragraph 11(e) shall give notice by telephone to an officer at a designated customs office at least 30 minutes but not more than 4 hours before their expected arrival in Canada of the expected time and place of arrival and destination in Canada of the craft.
	11. The marginal note to subsection 24(1) of the Regulations is replaced by “NEXUS and FAST Programs”.
	PART 3
	COMING INTO FORCE
	12. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.
	(2) Part 1 is deemed to have come into force on December 14, 2006.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Since 2001, the Canada Border Services Agency (CBSA) has implemented several programs to expedite the transborder movement of goods and travellers. Among these programs, the NEXUS programs (Air, Land and Marine) were designed for low-risk, pre-approved travellers arriving into Canada and the United States. The CBSA and the United States Customs and Border Protection Bureau are cooperating in this joint venture to simplify border crossings for pre-approved travellers, while enhancing security.

The NEXUS program allows travellers to perform border clearance processes using state-of-the-art technology. In the land mode, NEXUS members can use dedicated lanes at designated land border sites where equipment with Radio Frequency Identification Device technology reads their membership cards, cross references their member profile in the enrolment system and displays their photo to the Border Services Officer in the booth who verifies their identity, and allows them to proceed. In the air mode, instead of going into a primary inspection line, NEXUS members can use self-serve, automated kiosks equipped with iris biometric technology to report. In the marine mode NEXUS members can perform their border clearance by means of Telephone Reporting Centres at designated sites.

In December 2006, the Minister of Public Safety announced the amalgamation of the three NEXUS traveller programs (Air, Land and Marine) into a single program. Known simply as “NEXUS”, it will now provide common eligibility criteria, and one application form, fee and membership. This alternative inspection service is intended to streamline the process for travellers and balance the need for public safety and security.

To accomplish this harmonization, amendments to the Presentation of Persons (2003) Regulations are required. The regulatory amendments, retroactive to December 14, 2006, will:

• combine the three modes (Air, Land and Marine) in the permitted alternative manner of reporting under the NEXUS program;
• clarify that the particular one year membership duration refers only to CANPASS air; and
• correct overlap between sections concerning the fees.

In addition to some non-retroactive amendments for the harmonization of NEXUS, the Travellers Projects and Systems Division of CBSA and the Standing Joint Committee for the Scrutiny of Regulations have also requested modifications to the Presentation of Persons (2003) Regulations. These amendments, coming into force on the day of registration, will:

• modify a marginal note to take into account the NEXUS harmonization;
• clarify requirements regarding residency of NEXUS and CANPASS members;
• clarify requirements in order to become a NEXUS member regarding eligibility to obtain an American authorization and the biometric data;
• clarify requirements in order to become a FAST member regarding the biometric data;
• repeal unnecessary provisions;
• clarify the application process to the NEXUS program for a child under 18 and for persons wholly dependent;
• ensure that the five years membership duration applies to all three modes of NEXUS;
• harmonize the French and English version of the Regulations; and
• specify the timeframe of the pre-arrival notification for marine pleasure craft.

In regards to the clarification concerning the biometric data, the amendments to the Regulations now reflect the NEXUS and FAST programs application process. The Minister had the authority to require a copy of fingerprints for the purpose of confirming identity, but it was required systematically. The copy of fingerprints is now part of the requirement to obtain a NEXUS and FAST membership.

Alternatives

The NEXUS standards are compatible with those of the United States Customs and Border Protection. These amendments are necessary in order to consolidate the three existing NEXUS programs into one.

Benefits and costs

The NEXUS program allows pre-approved, low risk travellers to be processed more quickly and efficiently each time they cross the border and, consequently, allows these travellers expedited clearance. As a result, resources at the border can focus on persons and goods that are a high or unknown risk rather than those with a low risk. This program substantially enhances service to the traveling public as they experience shorter or no wait times for examination at ports of entry. The NEXUS program contributes to more effective enforcement in the regular traveller stream by allowing resources to be concentrated on the highest risk areas.

The harmonization of the NEXUS programs will maximize its enforcement as well as simplify the administration process.

The major benefit of the harmonization to the public will be the possession of a single card to access the three different modes of NEXUS (Air, Land and Marine). The application process to access the three modes will also be simplified, as a single application will give access to the entire NEXUS program. The duration of the membership will still be five years and there will be no change to the participation costs to the program.

NEXUS members already had joint access to the highway and marine modes. It is estimated that 103,000 NEXUS members previously participating in the NEXUS highway/marine modes may choose to get their irises photographed for identification purposes in order to have access to the air mode. As well, it is estimated that 5,000 former NEXUS Air members will receive a new card allowing them to use the NEXUS highway/marine mode. Information and cards were sent to the NEXUS members in February 2007.

Approximately 2,000 NEXUS members had previously enrolled in the three modes of the NEXUS program by having membership in two separate programs (NEXUS Air and NEXUS Highway/Marine). Since December 2006, they are now saving the cost of a membership since one membership gives access to the three NEXUS modes.

Consultation

There have been wide, broad-based consultations over a period of several years with respect to the introduction of the NEXUS programs. These consultations have included travellers, communities, business interests, internal and external border management partners, union, employees and the general public.

No public consultations were conducted for the NEXUS harmonization since it does not have any negative impact on the NEXUS members or on the public in general. Consultations were conducted within the government in order to make this harmonization feasible.

Compliance and enforcement

NEXUS members are subject to examination and random inspections. Any member found in contravention of program terms or conditions faces not only penalties and enforcement actions under various Canadian laws including the Customs Act and Immigration and Refugee Protection Act, but also suspension and/or cancellation of their program privileges. NEXUS members are reassessed for risk on a regular basis. Should a NEXUS member cease to meet the program eligibility criteria, the membership may be suspended or cancelled. This would be done for all NEXUS modes simultaneously.

Contact

Émilie Bélanger-Simard
Senior Policy Officer
Regulations
Strategy and Coordination Branch
Canada Border Services Agency
191 Laurier Avenue West, 7th Floor
Ottawa, Ontario
K1A 0L8
Telephone: 613-954-6371
Fax: 613-946-6037
Email: Emilie.Belanger-Simard2@cbsa-asfc.gc.ca

Footnote a
 S.C. 2001, c. 25, s. 11

Footnote b
 S.C. 2001, c. 25, s. 85(1)

Footnote c
 R.S., c. 1 (2nd Supp.)

Footnote 1
 SOR/2003-323

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