CONSOLIDATION

Exit Information Regulations

SOR/2019-241

Current to June 20, 2022 Last amended on June 25, 2020



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 25, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on June 25, 2020

TABLE OF PROVISIONS Exit Information Regulations

Interpretation 1

Definitions

Information Collected by Agency 2

Purpose

Prescribed source

Prescribed circumstances

Prescribed time and manner

Information Given to Agency 6

Purpose

Prescribed information

Prescribed conveyances

Prescribed classes of persons

Prescribed circumstances

Prescribed time — 72 hours before departure

Prescribed manner

Information — incomplete or inaccurate

Consequential Amendments Coming into Force *16

S.C. 2018, c. 30.

Current to June 20, 2022 Last amended on June 25, 2020

ii

Registration SOR/2019-241

June 25, 2019

CUSTOMS ACT Exit Information Regulations

P.C. 2019-905

June 22, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsections 8.1(8)a, 92(2)b, 93(5)b and 109.1(3)c and paragraph 164(1)(j) of the Customs Actd, makes the annexed Exit Information Regulations.

a

S.C. 2001, c. 25, s. 8(2)

b

S.C. 2018, c. 30, s. 2

c

S.C. 2001, c. 25, s. 62

d

R.S., c. 1 (2nd Supp.)

Current to June 20, 2022 Last amended on June 25, 2020

Exit Information Regulations

Interpretation Definitions 1 The following definitions apply in these Regulations.

Act means the Customs Act. (Loi) commercial carrier means the owner or operator of a commercial conveyance. (transporteur commercial) commercial conveyance means any conveyance that is used for the commercial transportation of persons or goods by air. (moyen de transport commercial) crew member means a person assigned to duty on board a commercial conveyance. (membre d’équipage) time of departure means the time of take-off from the last point of embarkation of persons before the conveyance leaves Canada. (moment du départ)

Information Collected by Agency Purpose 2 The purpose of sections 3 to 5 is to prescribe the

source, circumstances and time and manner for the purposes of subsection 92(1) of the Act. Prescribed source 3 The prescribed source from which the Agency may collect information is the United States Customs and Border Protection Agency or its successor.

Prescribed circumstances 4 The prescribed circumstances in which the Agency may collect information are those in which a person is leaving or has left Canada by land.

Current to June 20, 2022 Last amended on June 25, 2020

Exit Information Regulations Information Collected by Agency Sections 5-11

Prescribed time and manner 5 When collecting the information, the Agency must collect it by electronic means as soon as it is available from the United States Customs and Border Protection Agency or its successor.

Information Given to Agency Purpose 6 The purpose of sections 7 to 12 is to prescribe the information, conveyances, classes of persons, circumstances and time and manner for the purposes of subsection 93(1) of the Act.

Prescribed information 7 The prescribed information that is to be given to the

Agency under paragraph 93(1)(a) of the Act is the flight code that identifies the commercial carrier and the flight number of the conveyance. Prescribed conveyances 8 The prescribed conveyances in relation to which information must be given to the Agency are all commercial conveyances except those commercial conveyances that are operated by or on behalf of the Department of National Defence, the Canadian Armed Forces or a visiting force or those used for diplomatic missions to Canada.

Prescribed classes of persons 9 The prescribed classes of persons who must give the information to the Agency are commercial carriers and persons who charter a commercial conveyance.

Prescribed circumstances 10 The prescribed circumstances in which information

must be given to the Agency are those in which a conveyance departs or is expected to depart from a place inside Canada with a final destination outside of Canada.

Prescribed time — 72 hours before departure 11 (1) If the following information becomes known to a person of a prescribed class of persons, as provided for in section 9, during the period beginning 72 hours before the conveyance’s scheduled time of departure and ending at check-in, that person must provide the information to the Agency as soon as possible:

Current to June 20, 2022 Last amended on June 25, 2020

Exit Information Regulations Information Given to Agency Sections 11-13

(a) the surname, first name and middle names, the date of birth and the sex of each person expected to be on board the conveyance; (b) the unique passenger reference of each person, other than a crew member, expected to be on board the conveyance; and (c) the flight code that identifies the commercial carrier and the flight number of the conveyance.

Prescribed time — before departure (2) The information referred to in subsection 93(1) of the

Act must be given to the Agency not later than (a) check-in, if the information relates to a person,

other than a crew member, expected to be on board the conveyance; or (b) one hour before the conveyance’s scheduled time of departure, if the information relates to a crew member expected to be on board the conveyance.

Prescribed time — after departure (3) The following information must be given to the Agency not later than 30 minutes after the time of departure of the conveyance: (a) the unique passenger reference of each person, other than a crew member, on board the conveyance; (b) the flight code that identifies the commercial carrier and the flight number of the conveyance; and (c) the last place inside Canada from which the conveyance departed, regardless of whether persons boarded it at that place, and the date and time of that departure.

Prescribed manner 12 The information referred to in subsection 93(1) of the

Act must be given to the Agency by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange set out in the document entitled CBSA Carrier Messaging Requirements established by the Agency, as amended from time to time.

Information — incomplete or inaccurate 13 Any person who becomes aware that they have given

incomplete or inaccurate information to the Agency under subsection 93(1) of the Act must, without delay and

Current to June 20, 2022 Last amended on June 25, 2020

Exit Information Regulations Information Given to Agency Sections 13-16

in the manner referred to in section 12, give the missing or accurate information to the Agency.

Consequential Amendments 14 [Amendments] 15 [Amendments]

Coming into Force S.C. 2018, c. 30.

16 (1) Subject to subsection (2), these regulations come into force on the day on which section 2 of An Act to amend the Customs Act, chapter 30 of the Statutes of Canada 2018, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. *

Sections 6 to 15 (2) Sections 6 to 15 come into force on the first anniversary of the day on which these Regulations are registered. [Note: Regulations, except sections 6 to 15, in force June 25, 2019; sections 6 to 15 in force June 25, 2020.]

*

Current to June 20, 2022 Last amended on June 25, 2020

