Presentation Requirements in the Marine Mode – Private Boats

Presentation Obligations - Legislation

• Private boaters are required to present themselves upon their arrival in Canada as per:

• subsection 11(1) of the Customs Act (CA),• the Presentation of Persons Regulations and subsection

18(1) of the Immigration and Refugee Protection Act (IRPA).

• This obligation exists regardless of their activities while outside of Canada or their planned activities while in Canada

Presentation Obligations – Canadian Boaters

• Canadian boaters who enter foreign waters and subsequently return to Canada are obligated to present themselves to the CBSA as per the previously mentioned requirement.

• This includes instances where vessels do not drop anchor, land, tie up to a dock, enter an inland tributary or moor alongside another vessel while in foreign waters.

Presentation Obligations – Foreign Boaters

• Similarly, all foreign boaters entering Canadian waters are required to present themselves to the CBSA regardless of whether they drop anchor, land, tie up to a dock, enter an inland tributary or moor alongside another vessel while in Canadian waters.

Presentation Obligations

• In both cases, the act of entering Canadian waters is sufficient to trigger the presentation requirements.

• The obligation to present upon arrival in Canada under subsection 11(1) of the CA exists irrespective of whether foreign departure requirements have been satisfied under U.S. or other foreign laws.

Presentation Obligations - Exception

• An exception to the above applies to vessels that are ‘in-transit’ through Canada under subsection 11(5) of the CA.

• In order to be considered “in-transit”, subsection 11(5) requires that the vessel must be proceeding directly from one point outside of Canada to another point outside of Canada.

• Accordingly, a vessel can be considered to be in-transit only if it is using the Canadian waters for the purpose of moving from one location abroad directly to another location abroad.

• In-transit movement must be continuous, uninterrupted and without delays or stop-overs.

• Such movement could be for reasons of the shortest route, requirement of deep waters, evading obstacles such as bridges, etc.

Presentation Obligations

• To reiterate, unless in-transit through Canada in accordance with subsection 11(5) of the CA, all boaters are required to present themselves upon arrival in Canada.

• Boaters should also note that they are required to comply with subsection 12(1) of the CA which requires the reporting of imported goods upon arrival in Canada.

How to report – entering Canada?

• When entering Canada, the boat master must call the NEXUS TRC a minimum of 30 minutes and up to four hours (maximum) in advance of their arrival: 1-866-99-NEXUS (1-866-996-3987). All persons on board must be NEXUS members in order to take advantage of NEXUS reporting procedures.

When travelling with persons who are not NEXUS members:

• For arrivals in Canada, the boat must arrive at a marine telephone reporting site and the boat master must immediately call the Telephone Reporting Centre at 1-888-226-7277. Only the boat master may leave the boat until authorization is given by the CBSA.

How to report –entering Canada?

The boat master must provide the following information to the TRC:

• an estimated time of arrival (ETA); • the name and location of the landing site of arrival (in Canada,

it must be a "designated site"); • the registration number and/or name of the boat; • the full name, date of birth and country of citizenship and/or

permanent residence status of all NEXUS members on board; • the destination, purpose of the trip and length of stay in

Canada for each passenger; and • the passport and visa details of passengers when applicable or

required. • Ensure that all passengers have photo identification and proof

of citizenship, permanent residence status and/or other immigration status documents when applicable or required; and

• Declare all goods being imported, including currency information.

How to report – entering Canada?• Canadian residents returning to Canada by the marine mode of

transportation who purchase, receive or acquire goods while outside Canada MUST declare all goods, including those within their personal exemption.

• If you have goods that exceed your personal exemption, you will be advised of the necessary procedures to follow by a border officer at the NEXUS Telephone Reporting Centre.

• If you have any commercial goods in your possession, baggage or on board the vehicle/recreational boat upon arrival in Canada, you may not use NEXUS in the marine modes of transportation. Commercial goods are defined as goods brought into Canada for sale or for any commercial, industrial, occupational, institutional or other similar use and include samples, tools and warranty repair parts. Please note that personal computers and similar items carried by NEXUS members for their own personal use while on business trips are not defined commercial goods.

• As proof of presentation to the CBSA, you will receive a report number for your records. You must produce this number when asked to do so by a border services officer. If a border services officer is not at the specified docking site to meet the boat captain at the reported estimated time of arrival or actual time of arrival, you may proceed to your intended final destination.

How to report – entering the United States?

The boat master must do the following:• Call the local U.S. CBP marine reporting number for that arrival

area. Please refer to the U.S. CBP Web site for the reporting telephone numbers.

• Provide advance notice to U.S. CBP at least 30 minutes (minimum) and up to four hours (maximum) before arriving in the United States.

When travelling with persons who are not NEXUS members:

• For arrivals in the United States, the boat must arrive at a physical report site and the boat master must call the local U.S. CBP reporting telephone number.

How to report – entering the United States?

• The boat master must provide the following: – an ETA; – the name and location of the landing site of arrival – the registration number and/or name of the boat; – the full name, date of birth and country of citizenship and/or

permanent residence status of all NEXUS members on board; – the destination, purpose of the trip and length of stay in the

United States for each passenger; and – the passport and visa details of passengers when applicable or

required. • Ensure that all passengers have photo identification and proof of

citizenship, permanent residence status and/or other immigration status documents when applicable or required; and

• Declare all goods being imported, including related currency information.

How to report – entering the United States?

• If you are a Canadian or U.S. resident and you are importing goods for your own personal use, you must report these items by using the marine reporting procedures and make an oral declaration to a border officer by contacting the local U.S. CBP office.

• NEXUS members who present themselves for NEXUS passage when arriving in the United States must not have any commercial goods in their possession or in their baggage. Please note that personal computers and similar items carried by NEXUS members for their own personal use while on business trips are not defined commercial goods.

• As proof of presentation, the boat master will receive a report number for his or her records and he or she must produce this number when asked to do so by border officers.

• If a border officer is not at the specified landing site to meet the boat at the reported ETA or actual time of arrival, the individuals who have reported may proceed to their intended final destination.

Need More Information?

• For more information about NEXUS, call

1-866-NEXUS26 (1-866-639-8726)• or visit the NEXUS Web site at:

http://www.cbsa-asfc.gc.ca/prog/nexus/menu-eng.html• For Border Services information call the BIS Line:

1-800-461-9999• For U.S. Customs & Border Protection information, visit

their website at:

http://www.cbp.gov/xp/cgov/travel/trusted_traveler/nexus_prog/

Client Services - Hamilton

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