Preclearance Schedule Amended for Road Crossings

Summary#

The government registered the Order Amending the Schedule to the Preclearance Act, 2016 (Miscellaneous Program) on December 9, 2024. It clarifies who should receive goods seized during U.S. preclearance and tightens the description of road and shipping locations that can be designated as preclearance areas.

What it does#

• Fixes wording in the Preclearance in Canada Regulations so that goods seized or detained by U.S. preclearance officers are transferred to a Canadian authority with the appropriate legal power to receive them. This change targets clarity in what kinds of Canadian officers may accept seized items (amendments to sections 7 and 9 of the Regulations).
• Corrects bilingual (English/French) wording differences in specific regulatory provisions so both language versions match the intended meaning.
• Changes the Schedule to the Preclearance Act, 2016 by replacing item 4 and adding items 5 and 6 to more clearly describe where preclearance areas or perimeters can be set. In plain terms:
  • item 4 now covers any highway, road, bridge, tunnel or path and nearby places that connect parts of Canada and the United States;
  • item 5 covers places from which goods are shipped to the U.S. using such connections; and
  • item 6 covers places in Canada where vehicles depart to transport people to the U.S. via those connections.
• The Order came into force on the day it was registered: December 9, 2024.
• These changes respond to technical issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and were adopted by Public Safety Canada.

Who's affected#

• Travellers and drivers who use border crossings that have U.S. preclearance areas or perimeters.
• Operators of places that ship goods to the United States by road, and operators of services that carry people to the U.S. by road.
• U.S. preclearance officers and the Canadian authorities who receive seized or detained goods.
• The Minister of Transport and the Minister of Public Safety and Emergency Preparedness, because they are responsible for designating preclearance areas in different settings.

Why it matters#

• The rules are now clearer about which Canadian official should receive seized goods. That reduces the chance a sensitive item (for example, a dangerous good or nuclear material) would be handed to someone without the right authority to deal with it.
• Fixing English/French wording prevents confusion about the scope of authority and reduces legal uncertainty.
• Clarifying the kinds of road-based locations that can be designated for preclearance helps governments and border agencies decide where preclearance can be set up or enforced.
• Officials say these technical fixes do not add costs for businesses and should not affect small businesses.