Vol. 147, No. 22 — October 23, 2013

Registration

SOR/2013-182 October 9, 2013

CUSTOMS ACT

Regulations Amending the Passenger Information (Customs) Regulations (Miscellaneous Program)

P.C. 2013-1070 October 9, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 107.1 (see footnote a) and paragraph 164(1)(i) (see footnote b) of the Customs Act (see footnote c), makes the annexed Regulations Amending the Passenger Information (Customs) Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE PASSENGER INFORMATION (CUSTOMS) REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. The definition “représentant du ministre” in section 1 of the French version of the Passenger Information (Customs) Regulations (see footnote 1) is replaced by the following:

« représentant du ministre »
“Minister’s representative”

« représentant du ministre » Toute personne autorisée par le ministre à recueillir les renseignements visés à l’article 3.

2. Section 4 of the Regulations is replaced by the following:

Time and manner — information referred to in paragraphs 3(a) to (f)

4. (1) If the Minister requires a member of a prescribed class to provide prescribed information referred to in paragraphs 3(a) to (f), the member must provide the information in the form of a manifest to a Minister’s representative at the time of the departure of the commercial conveyance from the last place that persons board the conveyance before arriving in Canada.

Manner — information referred to in paragraphs 3(a) to (f)

(2) If the Minister requires a member of a prescribed class to provide access to prescribed information referred to in paragraphs 3(a) to (f), the member must provide a Minister’s representative with access to the information.

Manner — information referred to in paragraph 3(g)

(3) If the Minister requires a member of a prescribed class to provide, or provide access to, prescribed information referred to in paragraph 3(g), the member must provide the information to a Minister’s representative or provide a Minister’s representative with access to the member’s reservation system, as the case may be.

Manner — general

(4) If the Minister requires a member of a prescribed class to provide, or provide access to, prescribed information referred to in section 3, the member must provide the information or provide access to it, as the case may be, in electronic form or, if the member does not maintain the information in electronic form, in written form.

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

These Regulations represent amendments of an administrative nature to the Passenger Information (Customs) Regulations (Regulations). They do not introduce new requirements. They are being made in response to a request from the Standing Joint Committee for the Scrutiny of Regulations (SJC).

The SJC is a parliamentary committee that examines government regulations. Specifically, the SJC reviews matters of legality and procedure related to the enactment and execution of regulations and other statutory instruments.

The SJC has identified ambiguous and potentially confusing wording within section 4 of the Regulations.

Background

The Passenger Information (Customs) Regulations require all commercial carriers, charterers and/or their agents, travel agents, and owners and operators of a reservation system to provide specific information to the Canada Border Services Agency (CBSA) for all persons on board a commercial conveyance prior to its arrival in Canada from foreign points of origin. Section 4 of the Regulations prescribes how this information is to be provided.

Objectives

These regulatory amendments will eliminate ambiguity in the wording of the Regulations.

Description

In section 1 of the French version of the Regulations, the definition of “représentant du ministre” has been amended to replace the definite article “la” with the word “toute” to clarify that more than one person could be authorized as a Minister’s representative.

The SJC is of the view that the phrase “constitue une condition prévue par règlement le fait, pour la personne, de les fournir” in the French version of subsection 4(1) of the Regulations is ambiguous and potentially confusing. Therefore, as suggested by the SJC, the phrase has been replaced with “la personne les fournit.” Subsections 4(2) and 4(3), which are renumbered as 4(3) and 4(4), have been amended accordingly to reflect this change.

Consequential amendments to the English version of the Regulations have been made to reflect the change in the French wording.

A new subsection 4(2) has been added to clarify how to give access to information referred to in paragraphs 3(a) to (f).

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs on small business.

Consultation

Since the proposed changes are administrative and do not introduce new requirements, external consultations were not required. The CBSA has consulted internally.

There will be no additional costs to the CBSA or stakeholders as a result of these administrative amendments.

Rationale

In its review of the Passenger Information (Customs) Regulations, the SJC identified ambiguous and potentially misleading wording in section 4 of the Regulations. The Regulations have been amended to address the concerns of the SJC and to ensure clarity and consistency in the interpretation of the Regulations.

Contact

Sharon McKeen
Manager
Travellers Unit
Advance Information and Programs
Programs Branch
Canada Border Services Agency
Email: Sharon.McKeen@cbsa-asfc.gc.ca