Preclearance

Background

“Preclearance” is an arrangement between two countries that allows customs and immigration officials from the country of destination to be located in the country of origin in order to clear or deny the admission of travellers or goods to the destination country prior to entry into the destination country.

The United States (U.S.) has been conducting air preclearance  at an increasing number of airports in Canada since 1952 under various arrangements. From 2002 until August 2019, the legal basis for these operations was provided by a treaty called the Air Transport Preclearance Agreement between the Government of Canada and the Government of the United States of America (Air agreement) and the Preclearance Act of 1999. This agreement provided for air preclearance of travellers but it did not include other modes of transport or cargo operations. 

The U.S. is currently conducting preclearance operations at eight Canadian airports: Calgary, Edmonton, Stanfield (Halifax), Montréal (Trudeau), Ottawa, Toronto (Pearson), Vancouver and Winnipeg. In addition to these locations, the U.S. is conducting a narrower form of preclearance or “pre-inspection”  to ensure compliance with U.S. immigration laws in British Columbia at Vancouver (both marine and rail), Sidney, Prince Rupert and Victoria.

In March 2015, Canada and the United States signed a new treaty entitled the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (LRMA), which was a commitment of the 2011 Beyond the Border Action Plan. The LRMA is a modernized framework that provides for preclearance operations to be established in either country and to be conducted in all modes of transport (i.e., land, rail and marine as well as air) as well as for cargo operations. The new Preclearance Act, 2016 (PCA, 2016) provides the legal basis for the LRMA under Canadian law.

Status

The LRMA was ratified by both countries on August 15, 2019.  Canada’s obligations under this treaty were implemented in Canada through the PCA, 2016 and associated legal instruments, which entered into force the same day. They replace the previous Air agreement and Preclearance Act, of 1999. The LRMA also establishes the Preclearance Consultative Group.  This group is comprised of senior U.S. and Canadian officials at the Assistant Deputy Minister level or equivalent and will meet at least annually to review performance and resolve any issues related to the implementation of this Agreement.

With the entry into force of the PCA, 2016, leadership responsibility for the legislative framework supporting preclearance has been formally transferred to the Minister of Public Safety from the Minister of Foreign Affairs. As such, the Minister of Public Safety is responsible for the administration of the PCA, 2016 and has specific duties under this Act, such as ensuring U.S. preclearance officers receive training on applicable Canadian laws and for designating land-based preclearance locations. Other Ministers have been assigned specific roles under the legislation: the Minister of Transport is responsible for the designation of rail, marine, and air preclearance locations; the Minister of Foreign Affairs can recommend the restriction of civil immunities afforded to U.S. preclearance officers; and the Attorney General of Canada is responsible for advising the Minister of Public Safety with respect to the exercise or waiver of primary criminal jurisdiction. 

Considerations

With the entry into force of the LRMA and the PCA, 2016, it will now be possible for:  

Next Steps

Date modified: