Regulations for the Implementation of the Preclearance Act, 2016

Description of the objective

The Preclearance Act, 2016 received Royal Assent on December 12, 2017. This legislation will allow for the implementation of 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). Regulatory work is underway and includes who would have access to preclearance areas and establish conditions for that access, as well as authorize how goods detained during the preclearance process would be disposed of.

Regulations would also need to be created or amended in the future to allow the Canada Border Services Agency (CBSA) to perform preclearance in the United States. This would include regulations to permit the CBSA to administer the various Acts and Regulations that it currently administers at ports of entry in Canada, such as the Immigration and Refugee Protection Act, outside of Canada.

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

All interested parties will be provided the opportunity to participate in the regulatory development process following the pre-publication of the regulations in Part I of the Canada Gazette anticipated for Fall 2018.

Departmental contact

Mark Potter
Director General, Strategic Policy, Research, Planning and International Affairs

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