Regulations Amending the Preclearance in Canada Regulations: SOR/2026-25

Canada Gazette, Part II, Volume 160, Number 4

Registration
SOR/2026-25 February 13, 2026

PRECLEARANCE ACT, 2016

P.C. 2026-137 February 13, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness and the Minister of Transport, makes the annexed Regulations Amending the Preclearance in Canada Regulations under section 43 of the Preclearance Act, 2016^{footnote a}.

Regulations Amending the Preclearance in Canada Regulations

Amendments

1 Section 1 of the Preclearance in Canada Regulations ^{footnote 1} and the heading before it are replaced by the following:

Definitions

Definitions

1 The following definitions apply in these Regulations.

Act: means the Preclearance Act, 2016. (Loi)
Minister,: in relation to a preclearance area or preclearance perimeter, means the Minister with the authority to designate that preclearance area or preclearance perimeter under sections 6 to 8 of the Act. (ministre)
operator: means an entity, other than the Government of Canada or the Government of the United States, responsible for the operation of a facility and includes a terminal operator. (exploitant)

2 Paragraph 2(1)(a) of the Regulations is replaced by the following:

(a) the holder of an access pass — issued under these Regulations by or under the authority of an operator of a facility and entitling the holder to have access during a specified period to the preclearance area — who must enter the preclearance area in order to perform the functions of their employment;

3 The Regulations are amended by adding the following after section 2:

Access Clearance

Application — eligibility

2.01 A person is eligible to submit an application for access clearance if the following conditions are met:

(a) they are employed and must, in accordance with paragraph 2(1)(a), enter a preclearance area to perform the functions of their employment or is applying for such employment;
(b) they have
- (i) no judicial record of a conviction in the five years prior to the date of application, for an offence committed in Canada referred to in Schedule 1, unless a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence,
- (ii) no judicial record of a conviction, in the 10 years prior to the date of application, for an offence committed in Canada referred to in Schedule 2, unless a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence, or
- (iii) no judicial record of a conviction for an offence committed in the United States in the five or 10 years prior to the date of application that, if it had occurred in Canada, would constitute an offence referred to in subparagraph (i) or (ii), respectively, unless the equivalent of a record suspension has been ordered for that offence, and no outstanding charge in respect of such an offence;
(c) in the case where they hold a valid access clearance, that clearance expires within 12 months after the date of application;
(d) in the case where they must access a restricted area set out by or under an Act of Parliament in order to enter a preclearance area, or must enter a preclearance area that overlaps a restricted area, they have the relevant security clearance to enter the restricted area or have applied for that clearance; and
(e) a security clearance referred to in paragraph (d) or an access clearance granted to them under these Regulations is not suspended on the date of the application or was not revoked in the five years prior to the date of the application and no application in respect of that security clearance or access clearance has been refused during that period.

Required information and documents

2.02 (1) An application for access clearance must include the following information and documentation:

(a) the applicant’s usual given name, other given names, surname, all other names used and details of any name changes;
(b) the applicant’s date of birth, gender, height and eye colour;
(c) if the applicant was born in Canada, the number and province of issue of their birth certificate and a copy of that certificate;
(d) if the applicant was born outside Canada, their place of birth, the port and date of entry into Canada, and, in the case of a naturalized Canadian or permanent resident, the number, date of issue and a copy of the applicable certificate issued under the Citizenship Act or the Immigration and Refugee Protection Act;
(e) in the case of a foreign national,
- (i) a copy of any document that is evidence of their status in Canada, and
- (ii) a copy of the applicant’s judicial record for the five years prior to the date of application, except where a record suspension or its equivalent has been ordered;
(f) the number, country of issue and expiry date of the applicant’s passport, or an indication that the applicant does not have a passport;
(g) the addresses of all locations at which the applicant resided during the five years preceding the date of application;
(h) an identification of the applicant’s activities during the five years preceding the date of application, including the names and street addresses of the applicant’s employers and any post-secondary educational institutions attended;
(i) the dates, destination and purpose of any travel of more than 90 days outside Canada or the United States, excluding travel for government business, during the five years preceding the date of application;
(j) the information referred to in subsection (2) respecting the applicant’s spouse or common-law partner and, if applicable, any former spouses or common-law partners;
(k) the applicant’s facial image and fingerprints, taken by the operator or the Minister;
(l) a statement signed by the person responsible for taking the applicant’s facial image and fingerprints of the applicant certifying that, at the time of the taking of the facial image and fingerprints, they confirmed the identity of the applicant by means of a valid photo-bearing identification issued by the Government of Canada, the government of any province, territory or municipality in Canada or a valid passport;
(m) an attestation signed by the applicant indicating that they meet the condition set out in paragraph 2.01(b); and
(n) a statement signed by or on behalf of the operator certifying that the applicant meets the conditions set out in paragraphs 2.01(a), (c) and (d).

Spouse or common-law partner

(2) The information required with respect to any of the persons referred to in paragraph (1)(j) must be

(a) in the case of the applicant’s spouse or common-law partner
- (i) their gender, full given name, surname and, if applicable, surname at birth,
- (ii) their date and place of birth and, if applicable, date of death,
- (iii) if they were born in Canada, the number and province of issue of their birth certificate,
- (iv) if they were born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and
- (v) their present address, if known; and
(b) in the case of former spouses and common-law partners with whom the relationship ended within the preceding five years, the information referred to in subparagraphs (a)(i), (ii) and (v).

Signature

(3) The application for access clearance is valid only if signed by the applicant or, in the case of an applicant who is a minor under the laws of the province where they reside, by a parent, guardian or tutor.

Definition of common-law partner

(4) In this section, common-law partner means any person who is cohabiting with the applicant in a relationship of a conjugal nature and has done so for a period of at least one year.

Submission

2.03 An applicant must submit their application for access clearance in a manner specified by the Minister.

Admissibility of Applications

Inadmissibility

2.04 (1) The Minister may determine an application to be inadmissible if it does not contain the information or documents set out in section 2.02 or if it is submitted by an applicant who does not meet the conditions set out in section 2.01.

Notice

(2) When the Minister determines an application for access clearance to be inadmissible, the Minister must notify the applicant in writing of the determination, including any reasons for the determination.

Outstanding charge

(3) If the application is inadmissible because the applicant has an outstanding charge for an offence referred to in paragraph 2.01(b), the notice must specify that the applicant may present a new application after the charge has been disposed of otherwise than by a conviction.

Minister’s Decision

Granting

2.05 (1) The Minister may grant access clearance to a person who submits an application that is admissible if the Minister has no reasonable grounds to suspect that the person poses a risk to border security and integrity.

Factors to consider

(2) In making a decision under subsection (1), the Minister must consider the relevant factors in assessing the risks to border security and integrity, including

(a) the safety and security of persons in the preclearance area;
(b) the safety and security of a conveyance destined for the United States, its passengers and persons operating and maintaining the conveyance;
(c) the integrity of measures designed to prevent unauthorized entry of persons or goods into a preclearance area;
(d) the ability of a preclearance officer to exercise their powers and the performance of duties and functions;
(e) the ability of a border services officer to exercise their powers and the performance of duties and functions;
(f) the history of the applicant’s involvement in
- (i) acts of violence against persons or property,
- (ii) any activity of a criminal organization, criminal activity or offence related to border security, including trafficking in a controlled substance, firearms, counterfeit goods or currency, trafficking in or smuggling of persons, and terrorism, and
- (iii) any transnational criminality, including cybercrime, economic crimes or criminal activity involving the use of a computer;
(g) the applicant’s association with a person who is known to be involved in activities or is a member of a group set out in paragraph (f); and
(h) any reasonable grounds to suspect that the applicant may be induced to commit an act or to assist or abet any person to commit an act that might constitute a risk to border security and integrity.

Refusal — fraudulent, false or misleading information

2.06 (1) The Minister may refuse to grant access clearance if the Minister has reasonable grounds to believe that, in the five years prior to the date of application, the applicant has submitted fraudulent, false or misleading information in an application for access clearance or security clearance with the Government of Canada.

Refusal — unreliable or insufficient information

(2) The Minister may refuse to grant access clearance if, in the opinion of the Minister, the information available to the Minister is not verifiable, reliable or sufficient to determine the risk to the security and integrity of the border.

Notice — intention

2.07 (1) If the Minister intends to refuse to grant access clearance, the Minister must notify the applicant in writing.

Written representations

(2) The notice must set out the reasons for the Minister’s intention and provide the applicant with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent.

Consideration

(3) The Minister must not refuse to grant access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first.

Notice — refusal

(4) The Minister must notify the applicant in writing of a refusal.

Notice — granting

2.08 (1) The Minister must notify the applicant or the operator of a decision to grant access clearance and specify its expiry date.

Validity period

(2) An access clearance is valid until the end of the five-year period from the day on which the verifications set out in section 2.11 have concluded or, if applicable, the expiry date of the security clearance referred to in paragraph 2.01(d), whichever is earlier.

Operator — information sharing

(3) The Minister must provide an operator with the information necessary to control access to the preclearance area.

Access clearance — suspension

2.09 (1) The Minister may suspend access clearance on receipt of information that could change the Minister’s determination to grant access clearance to a preclearance area.

Notice — suspension

(2) Immediately after suspending an access clearance, the Minister must notify the holder in writing of the suspension.

Written representations

(3) The notice must set out the reasons for the suspension and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent.

Reinstatement

(4) The Minister may reinstate the access clearance if there are no reasonable grounds to suspect that the holder poses a risk to border security and integrity.

Suspension — effect

(5) If an access clearance is suspended and subsequently reinstated, the end of the validity period remains the same as that established at the time of its issue.

Access clearance — revocation

2.1 (1) The Minister may revoke an access clearance if the Minister determines that the holder

(a) may pose a risk to border security and integrity; or
(b) is ineligible under any of paragraphs 2.01(b), (d) and (e).

Notice — intention

(2) If the Minister intends to revoke an access clearance, the Minister must, notify the holder in writing.

Written representations

(3) The notice must set out the reasons for the revocation and provide the holder with an opportunity to make written representations to the Minister within a specified period that is not less than 20 days after the day on which the notice is sent.

Consideration

(4) The Minister must not revoke an access clearance until the written representations have been received and considered or until the end of the period fixed in the notice, whichever comes first.

Notice — revocation

(5) The Minister must notify the holder in writing of the decision.

Verifications

2.11 In making decisions under these Regulations, the Minister may conduct verifications, including verifying

(a) the applicant’s judicial record;
(b) information held by Canadian and foreign law enforcement agencies, border services agencies, intelligence services or the Department of Transport;
(c) if the applicant was born outside Canada, their immigration and citizenship status.

Notice to operator

2.12 The Minister must immediately notify the relevant operator of a decision that suspends or revokes an access clearance or that reinstates that clearance.

New application

2.13 If the Minister revokes or refuses to grant an access clearance, an applicant may submit a new application only if

a) a period of five years has passed since the day on which the access clearance was revoked or refused; or
b) a significant change in circumstances or a new fact is discovered that could have warranted a different decision.

Non-disclosure

2.14 The reasons included in the decisions provided to the applicant or holder under these Regulations must not contain any information whose disclosure could be injurious to Canada’s national security, to ongoing or prospective law enforcement or intelligence operations or investigations, or that might reveal sensitive means and methods related to such operations, investigations, or the collection of intelligence.

Access Control in Preclearance Areas

Issue

2.15 (1) On receiving a notice from the Minister that a person has been granted access clearance, an operator may issue an access pass to that person.

Confirmation of identity

(2) Before issuing an access pass, the operator must confirm the identity of the person by means of a valid photo-bearing identification issued by the Government of Canada, the government of any province, territory or municipality in Canada or a valid passport.

Access pass — content

(3) An access pass must display

(a) the complete name of the facility;
(b) the full name of the holder of the access pass;
(c) a photo of the holder of the access pass;
(d) a unique number;
(e) an expiry date that does not exceed the expiry date of the access clearance of the holder; and
(f) a visual indicator that distinguishes an access pass from any other pass used in the facility.

Obligations of holder

2.16 (1) A holder of an access pass must only use it to perform the functions of their employment and must, when doing so, display it in such a way that their photo is visible at all times.

Loss or theft

(2) A holder of an access pass must notify the operator immediately of the loss or theft of their access pass.

Return of access pass — holder

(3) A holder of an access pass must return their pass to the operator when they no longer require access to the preclearance area.

Return of access pass — anyone

2.17 Any person who possesses an access pass must, if requested by the operator, a law enforcement agent, a border services officer or the Minister, return the pass to the requester.

Prohibition

2.18 It is prohibited to

¨(a) loan or give an access pass to a person who is not the holder of that pass;
¨(b) have or use an access pass that is issued to another person;
¨(c) provide another person with access to or assistance in entering a preclearance area, unless that person is expressly authorized to do so;
¨(d) alter or tamper with an access pass;
¨(e) make or reproduce an access pass; and
¨(f) use a counterfeit access pass.

Deactivation and collection

2.19 (1) An operator must immediately deactivate and collect

(a) an access pass that is lost or stolen, to the extent possible;
(b) the access pass of a holder who no longer has access clearance to a preclearance area; or
(c) the access pass that was used to carry out a prohibited activity under section 2.18.

Destruction

(2) The operator must destroy an access pass two years from the day on which the pass is collected or, in the case of paragraph (1)(b), 60 days from the day on which it is collected.

Reporting

2.2 (1) After deactivating and collecting an access pass under paragraph 2.19(1)(a) or (c), an operator must prepare an incident report containing the following information:

(a) the date, time and location of the incident;
(b) the names of the persons involved;
(c) the information on the access pass; and
(d) the date and time of and reasons for the deactivation, collection and destruction of the access pass.

Transmission

(2) The operator must immediately transmit the incident report referred to in subsection (1) to the Minister.

Records

2.21 (1) The operator must keep records of the following information and provide them to the Minister on request:

(a) a list of the access passes issued and for each access pass, the information referred to in subsection 2.15(3); and
(b) the incident reports referred to in subsection 2.2(1).

Retention period

(2) The operator must retain the records until the latest of five years after the day on which

(a) an access pass expires,
(b) an operator deactivates, collects or destroys an access pass, and
(c) the Minister suspends or revokes an access clearance.

Application

2.22 Sections 2.19 to 2.21 apply to an access pass that is also a restricted area pass as defined in section 3 the Canadian Aviation Security Regulations, 2012 or by subsection 1(1) of the Marine Transportation Security Regulations only to the extent that no equivalent rules exist in either of those Regulations.

4 The Regulations are amended by adding, after section 16, the Schedules 1 and 2 set out in the schedule to these Regulations.

Transitional Provisions

5 (1) A person who, immediately before the day on which these Regulations come into force, has access to a preclearance area and holds a valid security clearance granted under section 4.8 of the Aeronautics Act or a valid transportation security clearance granted under section 509 of the Marine Transportation Security Regulations may continue to enter a preclearance area of a facility at which preclearance operations are underway immediately before the day on which these Regulations come into force until the earlier of the expiry and revocation of the relevant security clearance.

(2) A person who, immediately before the day on which these Regulations come into force, has submitted an application for a security clearance under section 4.8 of the Aeronautics Act or a transportation security clearance under section 509 of the Marine Transportation Security Regulations and who has access to a preclearance area at a facility at which preclearance operations are underway immediately before that day may continue to have access to that preclearance area until the earlier of the day on which they receive a notice that their application for security clearance or transportation security clearance has been refused and the end of the 60-day period that begins on that day.

(3) A person referred to in subsection (2) who receives access clearance no later than 60 days after the day on which these Regulations come into force may continue to enter a preclearance area under subsection (1).

(4) Subsections (1) and (2) do not apply if the Minister, as defined in section 1 of the Preclearance in Canada Regulations, suspends or revokes access in the same manner or for the same reasons as set out in section 2.09 or 2.1, respectively, of those Regulations.

Coming into Force

6 (1) Subject to subsection (2), these Regulations come into force on March 9, 2026, but if they are registered after that day, they come into force on the day on which they are registered.

(2) Sections 2.19 to 2.22 of the Preclearance in Canada Regulations, as enacted by section 3 of these Regulations, come into force on the 120th day after the day on which these Regulations come into force.

SCHEDULE 1

(Section 4)

SCHEDULE 1

(Subparagraph 2.01(b)(i))

Offences — Ineligibility for Five Years

Aeronautics Act

1 Subsection 7.3(1) (prohibitions)
2 Subsection 7.41(1) (prohibition — unruly or dangerous behaviour)

Criminal Code

1 Subsection 57(1) (forgery of or uttering forged passport)
2 Subsection 57(2) (false statement in relation to passport)
3 Subsection 58(1) (fraudulent use of certificate of citizenship)
4 Section 87 (pointing a firearm)
5 Section 90 (carrying a concealed weapon)
6 Subsection 91(1) (unauthorized possession of firearm)
7 Subsection 91(2) (unauthorized possession of prohibited or restricted weapon)
8 Section 93 (possession at unauthorized place)
9 Section 94 (unauthorized possession in motor vehicle)
10 Section 107 (false statements)
11 Section 130 (personating a peace officer)
12 Subsection 131(1) (perjury)
13 Subsection 136(1) (witness giving contradictory evidence)
14 Section 137 (fabricating evidence)
15 Subsection 139(2) (obstructing justice)
16 Subsection 140(1) (public mischief)
17 Section 153.1 (sexual exploitation of person with disability)
18 Subsection 333.1(1) (motor vehicle theft)
19 Subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted)
20 Subsection 333.1(4) (motor vehicle theft for criminal organization)
21 Subsection 333.2(1) (possession of device to commit theft)
22 Subsection 333.2(2) (distribution of device linked to theft)
23 Paragraph 334(a) (theft of property with a value exceeding $5,000)
24 Section 342 (theft, forgery, etc. of credit card)
25 Section 342.01 (instruments for copying, forging or falsifying credit cards)
26 Subsection 342.1(1) (unauthorized use of computer)
27 Subsection 342.2(1) (possession of device to obtain unauthorized use of computer system or to commit mischief)
28 Subsection 354(1) (possession of property obtained by crime)
29 Section 355.2 (trafficking in property obtained by crime)
30 Section 355.4 (possession of property obtained by crime for the purpose of trafficking)
31 Subsection 366(1) (forgery)
32 Subsection 368(1) (use, trafficking or possession of forged document)
33 Section 368.1 (forgery instruments)
34 Section 369 (exchequer bill paper, public seals, etc.)
35 Section 374 (drawing document without authority, etc.)
36 Section 375 (obtaining, etc. by instrument based on forged document)
37 Subsection 376(1) (counterfeiting stamp, etc.)
38 Subsection 376(2) (counterfeiting mark)
39 Paragraph 380(1)(a) (fraud)
40 Subsection 402.2(1) (identity theft)
41 Subsection 402.2(2) (trafficking in identity information)
42 Subsection 403(1) (identity fraud)
43 Subsection 430(3) (mischief relating to property with value over $5,000)
44 Subsection 430(5) (mischief relating to computer data)
45 Subsection 436(1) (arson by negligence)
46 Section 463 (attempts and accessories), to the extent that the offence is related to an indictable offence referred to in this schedule
47 Section 464 (counselling offence that is not committed), to the extent that the offence is related to an indictable offence referred to in this schedule)
48 Section 465 (conspiracy), to the extent that the offence is related to an indictable offence referred to in this schedule

Criminal Records Act

1 Offences listed in Schedule 1 of that Act, except those listed in subparagraphs 1(a)(xvi.1), (xvi.2), (xvi.3) and (xvi.6)

Customs Act

1 Section 153.1 (interfering with or hindering an officer)
2 Section 159 (smuggling goods into and out of Canada)

Controlled Drugs and Substances Act

1 Subsection 4(1) (possession of substance)
2 Subsection 4(2) (obtaining substance)

Immigration and Refugee Protection Act

1 Subsection 122(1) (documents)
2 Section 124 (general contraventions)
3 Section 126 (counselling misrepresentation)
4 Section 127 (misrepresentation)
5 Section 129 (offences relating to officers)
6 Section 131 (counselling offence)

Preclearance Act, 2016

1 Section 38 (obstruction)

Cannabis Act

1 Paragraph 8(1)(a) (possession over 30 g)
2 Subsection 9(1) (distribution)

SCHEDULE 2

(Section 4)

SCHEDULE 2

(Subparagraph 2.01(b)(ii))

Offences — Ineligibility for 10 Years

Criminal Code

1 Subsection 46(1) (high treason)
2 Subsection 46(2) (treason)
3 Section 52 (sabotage)
4 Subsection 74(2) (piracy by law of nations)
5 Section 75 (piratical acts)
6 Section 76 (hijacking)
7 Section 77 (endangering safety of aircraft or airport)
8 Subsection 78(1) (offensive weapons and explosive substances)
9 Subsection 78.1(1) (seizing control of ship or fixed platform)
10 Section 80 (breach of duty )
11 Subsection 81(1) (use of explosives)
12 Subsection 82(1) (possession of explosives)
13 Subsection 82(2) (possession in association with criminal organization)
14 Section 82.3 (possession, etc. of nuclear material, radioactive material or device)
15 Section 82.4 (use or alteration of nuclear material, radioactive material or device)
16 Section 82.5 (commission of indictable offence to obtain nuclear material, etc.)
17 Section 82.6 (threats)
18 Section 83.02 (providing or collecting property to be used to carry out terrorism)
19 Subsection 83.03(1) (providing, making available, etc., property or services for terrorist purposes)
20 Subsection 83.03(2) (providing, making available, etc., property or services — use by terrorist group)
21 Section 83.04 (using or possessing property for terrorist purposes)
22 Section 83.12 (offences – freezing of property, disclosure or audit )
23 Subsection 83.18(1) (participating in activity of terrorist group)
24 Section 83.181 (leaving Canada to participate in activity of terrorist group)
25 Subsection 83.19(1) (facilitating terrorist activity)
26 Section 83.191 (leaving Canada to facilitate terrorist activity)
27 Section 83.2 (committing of offence for terrorist group)
28 Section 83.201 (leaving Canada to commit offence for terrorist group)
29 Section 83.202 (leaving Canada to commit offence that is terrorist activity)
30 Subsection 83.21(1) ( instructing to carry out activity for terrorist group)
31 Subsection 83.22(1) (instructing to carry out terrorist activity)
32 Subsection 83.221(1) (counselling commission of terrorism offences)
33 Subsection 83.23(1) (harbouring a terrorist)
34 Subsection 83.23(2) (harbouring someone likely to carry out terrorist activity)
35 Subsection 83.231(1) (terrorism-related hoax)
36 Subsection 83.231(3) (terrorism-related hoax causing bodily harm)
37 Subsection 83.231(4) (terrorism-related hoax causing death)
38 Section 85 (using firearm in commission of offence)
39 Section 88 (possessing a weapon for a dangerous purpose)
40 Subsection 92(1) (possessing a firearm knowing its possession is unauthorized)
41 Subsection 92(2) (possessing a prohibited weapon, device or ammunition knowing its possession is unauthorized)
42 Section 95 (possession of prohibited or restricted firearm with ammunition)
43 Section 96 (possession of weapon obtained by commission of offence)
44 Section 98 (breaking and entering to steal a firearm)
45 Section 98.1 (robbery to steal a firearm)
46 Section 99 (weapons trafficking)
47 Section 100 (possession for the purpose of weapons trafficking)
48 Section 101 (transfer without authority)
49 Section 102 (making an automatic firearm)
50 Subsection 102.1(1) (possession of computer data)
51 Subsection 102.1(2) (distribution of computer data)
52 Section 103 (importing or exporting knowing it is unauthorized)
53 Section 104 (unauthorized importing or exporting)
54 Section 108 (tampering with serial number)
55 Subsection 117.01(1) (possession contrary to order)
56 Subsection 117.01(2) (failure to surrender authorization, etc.)
57 Section 220 (causing death by criminal negligence)
58 Section 221 (causing bodily harm by criminal negligence)
59 Section 235 (murder)
60 Section 236 (manslaughter)
61 Subsection 238(1) (killing of unborn child in act of birth)
62 Subsection 239(1) (attempt to commit murder)
63 Section 240 (accessory after the fact to murder)
64 Subsection 240.1(1) (removal without informed consent)
65 Subsection 240.1(2) (financial transaction)
66 Section 244 (discharging firearm with intent)
67 Section 244.1 (causing bodily harm with intent — air gun or pistol)
68 Section 244.2 (reckless discharge of firearm)
69 Section 245 (administering noxious thing)
70 Section 267 (assault with a weapon or causing bodily harm)
71 Section 268 (aggravated assault)
72 Section 269 (unlawfully causing bodily harm)
73 Section 269.1 (torture)
74 Subsection 270(1) (assaulting a peace officer)
75 Section 270.01 (assaulting a peace officer with weapon or causing bodily harm)
76 Section 270.02 (aggravated assault on a peace officer)
77 Section 270.1 (disarming a peace officer)
78 Section 271 (sexual assault)
79 Section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm)
80 Section 273 (aggravated sexual assault)
81 Subsection 279(1) (kidnapping)
82 Subsection 279(2) (forcible confinement)
83 Subsection 279.01(1) (trafficking in persons)
84 Section 279.011 (trafficking in persons under 18 years)
85 Subsection 279.02(1) (benefiting from trafficking in persons)
86 Subsection 279.02(2) (benefiting from trafficking in persons under 18 years)
87 Subsection 279.03(1) (withholding or destroying documents – trafficking )
88 Subsection 279.03(2) (withholding or destroying documents – trafficking of persons under 18 years)
89 Subsection 279.1(2) (hostage taking)
90 Section 280 (abduction of person under 16 years)
91 Section 281 (abduction of person under 14 years)
92 Subsection 282(1) (abduction in contravention of custody or parenting order)
93 Subsection 283(1) (abduction)
94 Subsection 286.3(2) (procuring – person under 18 years)
95 Section 343 (robbery)
96 Section 346 (extortion)
97 Subsection 430(2) (mischief causing actual danger to life)
98 Section 431 (attack on premises, residence or transport of internationally protected person)
99 Section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel)
100 Section 433 (arson – disregard for human life)
101 Section 434 (arson – damage to property)
102 Section 434.1 (arson – own property)
103 Subsection 435(1) (arson for fraudulent purpose)
104 Section 436.1 (possession of incendiary material)
105 Section 463 (attempts and accessories), to the extent that the offence is related to an indictable offence referred to in this schedule
106 Section 464 (counselling offence that is not committed), to the extent that the offence is related to an indictable offence referred to in this schedule)
107 Section 465 (conspiracy), to the extent that the offence is related to an indictable offence referred to in this schedule
108 Section 467.11 (participating in activities of criminal organization)
109 Section 467.111 (recruitment for a criminal organization)
110 Section 467.12 (offence for criminal organization)
111 Section 467.13 (instructing to commit offence for criminal organization)

Foreign Interference and Security of Information Act

1 Subsection 4(1) (wrongful communication, etc. of information)
2 Subsection 4(2) (communication of sketch, plan, model, etc.)
3 Subsection 4(3) (receiving code word, sketch, etc.)
4 Subsection 4(4) (retaining or allowing possession of document)
5 Subsection 5(1) (unauthorized use of uniforms; falsification of reports, forgery, personation and false documents)
6 Subsection 5(2) (unlawful dealing with dies, seals, etc.)
7 Section 6 (approaching, entering, etc. a prohibited place)
8 Section 7 (interference)
9 Section 14 (unauthorized communication of special operational information)
10 Subsection 16(1) (communicating safeguarded information)
11 Subsection 16(2) (communicating safeguarded information)
12 Section 17 (communicating special operational information)
13 Subsection 18(1) (breach of trust in respect of safeguarded information)
14 Subsection 19(1) (use of trade secret for the benefit of foreign economic entity)
15 Subsection 20(1) (intimidation, threats or violence)
16 Section 20.1 (intimidation, threats or violence outside Canada)
17 Subsection 20.2(1) (committing indictable offence for foreign entity)
18 Subsection 20.3(1) (engaging in surreptitious or deceptive conduct)
19 Subsection 20.4(1) (influencing political or governmental process)
20 Subsection 21(1) (concealing person who carried out offence)
21 Subsection 21(2) (concealing person who is likely to carry out offence)
22 Subsection 22(1) (preparatory acts)
23 Section 23 (conspiracy, attempts, etc.)

Controlled Drugs and Substances Act

1 Subsection 5(1) (trafficking in substance)
2 Subsection 5(2) (possession for purpose of trafficking)
3 Subsection 6(1) (importing and exporting substances)
4 Subsection 6(2) (possession for the purpose of exporting)
5 Subsection 7(1) (production of substance)
6 Section 7.1 (possession, sale, etc. for use in production of or trafficking in substance)

Immigration and Refugee Protection Act

1 Subsection 117(2) (smuggling into Canada — fewer than 10 persons)
2 Subsection 117(3) (smuggling into Canada — 10 persons or more)
3 Subsection 118(1) (trafficking in persons)
4 Section 119 (disembarking persons at sea)

Cannabis Act

1 Subsection 9(2) (possession for the purpose of distribution)
2 Subsection 10(1) (selling)
3 Subsection 10(2) (possession for purpose of selling)
4 Subsection 11(1) (importing and exporting)
5 Subsection 11(2) (possession for purpose of exporting)
6 Subsection 13(1) (possession, etc., for use in production or distribution of illicit cannabis)
7 Section 14 (use of young person), to the extent that the offence is related to an offence under subsection 13(1)

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Transportation Security Clearance (TSC) Program assesses transportation facility employees for risks to civil aviation and marine transportation and is required for obtaining access to restricted areas in airports and select marine terminals. Preclearance areas are located within these restricted areas; therefore, the TSC Program also functions as the screening mechanism for authorizing access to preclearance areas.

As preclearance operations expand across transportation modes and locations, reliance on the TSC Program alone no longer provides sufficient assurance to address the unique border-related risks associated with preclearance operations. The implementation of a standardized clearance process that addresses border-related security risks in addition to transportation security threats is needed.

Background

Preclearance allows a foreign country to perform customs, immigration, and related inspections in a host country to determine the admissibility of people and goods before they enter the inspecting country’s territory. The United States (U.S.) has been conducting preclearance at airports in Canada since 1952 under various arrangements. Preclearance is currently operational at Halifax, Montréal (Trudeau), Toronto (Pearson), Ottawa, Winnipeg, Calgary, Edmonton, and Vancouver airports. A preclearance facility at the Alaska Marine Highway Ferry Terminal in Prince Rupert is not currently operational.

In 2015, Canada and the United States signed the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (Agreement). The Agreement entered into force in August 2019 and enables preclearance operations to be conducted at facilities associated with land, rail, and marine transportation, in addition to airports. The Agreement also allows Canadian preclearance operations to be established in the United States.

Preclearance has both economic and security benefits for Canada and the United States, as it allows each country to “push” the border out to enhance border security and national security. It does so by intercepting persons who present a security risk before they board a plane, boat, or train; intercepting illicit goods prior to export; and reducing the risk of spreading contagion and pests. Mitigating these risks at the earliest point in the travel and transportation continuum reduces the potential for criminal activities, loss of life, business interruption, and property damage for both countries.

Preclearance makes passenger travel more efficient by allowing access to smaller domestic airports, marine ports, and rail stations that would otherwise not be permitted to receive international travellers and goods.

Preclearance also presents unique security challenges. As travellers and their accompanying goods do not undergo customs processing again upon their arrival in the destination country, the security and sterility of the preclearance process must be maintained. As a result, these heightened security requirements also apply to personnel working in preclearance facilities.

Employees working in preclearance areas are uniquely positioned to facilitate illicit activity or compromise border controls. To mitigate this, appropriate measures must be used to ensure persons who may present risks are not authorized to access a preclearance area.

Under the Agreement, only individuals authorized by Canada through security certification processes may access preclearance areas, and Canada must consult the United States as part of that authorization process. The TSC Program, administered by Transport Canada, is currently used to screen personnel working at Canadian airports and select marine facilities, including personnel requiring access to preclearance areas.

The TSC Program was designed to address risks to civil aviation and marine transportation security. While it applies uniformly across aviation and marine transportation, it does not assess risks related to border security and integrity.

Objective

The objectives of the amendments to the Preclearance in Canada Regulations are to

enhance the security and integrity of Canada–U.S. border operations at preclearance sites;
introduce a preclearance-specific security clearance process, which works independently from and alongside transportation security rules; and
standardize preclearance area access criteria across all transportation facilities that host preclearance operations.

Description

Definitions

The Regulations are amended to specify that the term “Minister,” in relation to a preclearance area or perimeter, is the Minister responsible for the designation of preclearance areas or perimeters at a given location. The Regulations also define the term “Act” to mean the Preclearance Act, 2016, and define the term “operator” as the entity responsible for management or operation of a facility or terminal.

The Regulations are amended to allow a person who holds either a pass issued under the Regulations or a pass issued by the operator of a facility to access a preclearance area.

Access clearance

The Regulations are amended to add the following criteria for a person to be eligible to apply for access clearance:

The person is employed or is applying for employment and must enter a preclearance area to conduct the functions and duties associated with their employment.
The person has no convictions or outstanding criminal charges for offences committed in Canada:
- in the last 5 years for offences listed in Schedule 1 and in the last 10 years for offences listed in Schedule 2 unless a record suspension has been ordered; or
- an offence committed in the United States in the last 5 or 10 years that, if committed in Canada, would constitute an offence under the schedules.
The person applies within 12 months of the expiry of a valid access clearance granted by the Minister.
The person has the appropriate security clearance to access restricted areas, if they need to enter a restricted area, or if that restricted area overlaps with the preclearance area, to access the preclearance area.
Neither a security clearance for the restricted area nor an access clearance are suspended or have been revoked in the previous five years.

The Regulations establish the information and documentation that must be included in an application for an access clearance, including the information that must be provided about the person’s spouse or common-law partner.

Admissibility of applications

The Regulations allow the Minister to determine that an application is inadmissible if it does not contain the required information and documentation, or if an applicant does not meet the eligibility criteria.

The Regulations require that written notice be provided to an applicant when the Minister determines that an application is inadmissible. If an applicant has an outstanding charge, the Regulations require that the notice specify that the applicant may reapply after the charge has been disposed of.

Minister’s decision

The Regulations permit the Minister to conduct relevant verifications in making decisions to grant, suspend, revoke or reinstate an access clearance, and include types of information that could be verified.

The Regulations allow the Minister to grant an access clearance if the application is admissible and the Minister has no reasonable grounds to suspect the applicant poses a risk to border security and integrity; the Regulations establish the factors that the Minister must consider in deciding whether to grant an access clearance.

If a clearance is granted, the Regulations require the Minister to advise the applicant or the operator and to set an expiry date for the clearance. The Regulations also require that the Minister provide the operator with the necessary information to control an applicant’s access to the preclearance area.

The Minister may refuse to grant an access clearance if the Minister has reasonable grounds to believe that, within the previous five years, an applicant submitted fraudulent, false or misleading information related to their application for access clearance or a security clearance issued by the Government of Canada. The Minister may also refuse to grant a clearance if, in the Minister’s opinion, the information provided or obtained through checks is not verifiable, reliable, or sufficient for the Minister to determine risk to the security and integrity of the border.

The Regulations require that the Minister inform an applicant in writing of the intent to refuse to grant a clearance, including the Minister’s reasons, and allow the applicant to make written representations within a period not shorter than 20 days after the day on which the notice is sent. The Regulations require that the Minister consider representations received within the time period provided before refusing to issue a clearance and require that the Minister advise the applicant of a refusal in writing.

The Regulations establish the validity period of an access clearance to be the earliest of five years from the conclusion of verifications performed by the Minister, or, if applicable, the expiry date of the applicant’s security clearance required to enter a restricted area.

The Regulations allow the Minister to suspend, revoke or reinstate an access clearance, and establish the factors that may lead to the suspension, reinstatement or revocation. When the Minister suspends or intends to revoke an access clearance, the Regulations establish requirements for issuing a notice to the clearance holder that outlines the reasons and offers the opportunity to provide written representations. The Regulations require that the Minister consider submissions received and advise the clearance holder of a revocation.

If the Minister decides to suspend, revoke or reinstate a clearance, the Regulations require that the Minister inform the relevant operator immediately.

If the Minister revoked or refuses to grant an access clearance, the Regulations allow an applicant to submit a new application only if five years have elapsed since the refusal or revocation, or if there is a change in circumstances or new fact is discovered that could have led to a different decision.

The Regulations prohibit the Minister from disclosing to a clearance holder or applicant any information that, if released, may be injurious to Canada’s national security, ongoing or prospective law enforcement or intelligence operations or investigations, or that may reveal sensitive means and methods related to investigations, operations or collection of intelligence.

Access control in preclearance areas

After being notified by the Minister that a person has been granted an access clearance, the Regulations allow an operator to issue an access pass after confirming the identity of the person using photo identification. The Regulations establish mandatory elements that must be displayed on an access pass issued by an operator.

The Regulations require the pass holder to display their pass at all times while performing their employment duties, to inform the facility operator if their pass is lost or stolen, and to return their pass to the facility operator if they no longer require preclearance area access.

The Regulations require any person possessing an access pass to return it if directed by the facility operator, the Minister, a law enforcement officer or a border services officer.

The Regulations prohibit

loaning or giving an access pass to a person who is not the holder of the pass;
having or using an access pass issued to another person to enter a preclearance area or for any other purpose;
providing another person with access to or assistance in entering a preclearance area, unless the person is authorized to enter; and
altering, tampering, making, reproducing or using a counterfeit access pass.

The Regulations require an operator to deactivate and, if possible, collect a pass if it is lost or stolen, its holder no longer has access to a preclearance area or its holder carried out a prohibited activity. In all of these cases, the Regulations require that an operator prepare and immediately transmit to the Minister an incident report that includes the information specified in the Regulations.

The Regulations require an operator to destroy the pass of a person who no longer requires access sixty days after it is collected. All other passes collected by the operator must be destroyed after two years.

The Regulations require that the operator retain a list of all access passes they issued and the information that is required to be displayed on the pass, and incident reports submitted to the Minister. The Regulations establish the retention period for the list and the incident reports.

The Regulations state that the deactivation, collection, destruction, reporting, record keeping and retention requirements only apply to an access pass that is also a restricted area pass under the Canadian Aviation Security Regulations, 2012 or the Marine Transportation Security Regulations if there are no equivalent rules in either of those regulations.

Transitional provisions

The Regulations provide transitional measures for persons with existing access to a preclearance area, temporary access and a pending security clearance application.

Immediate termination of access

The transitional provisions allow the Minister to terminate access to preclearance areas to individuals subject to the transitional provisions for the same reasons an access clearance may be refused, suspended or revoked.

Schedule 1

The Regulations are amended to add a list of offences that, if a person has been convicted of or has a pending charge for in the last five years, make the person ineligible to apply and makes the application inadmissible.

Schedule 2

The Regulations are amended to add a list of offences that, if a person has been convicted of or has a pending charge for in the last ten years, make the person ineligible to apply and makes the application inadmissible.

Regulatory development

Consultation

Public Safety Canada (the Department) together with Transport Canada held preconsultations from September to October 2025 with a broad range of stakeholders. Stakeholders were consulted on the introduction of a new security clearance process for access to preclearance areas. The following entities were invited to participate:

Air industry stakeholders: the eight airport operators where preclearance operations are currently in place (Vancouver, Calgary, Edmonton, Winnipeg, Toronto-Pearson, Ottawa, Montréal-Trudeau and Halifax), Canadian Air Transport Security Authority (CATSA), the Canadian Airports Council, PortsToronto and Nieuport Aviation in respect of Billy Bishop Toronto City Airport, Canadian air carriers (Air Canada, WestJet, Air Transat, Porter and Flair) and the National Airlines Council of Canada;
Marine industry stakeholders: Port of Vancouver, SSA Marine, Port of Prince Rupert, British Columbia Ministry of Transportation and Trade, Cruise Line International Association, Blackball Coho and Clipper Navigation ferry operators;
Rail industry stakeholders: VIA Rail Canada and Amtrak;
Labour unions representing impacted facility employees: CUPE, Unifor, International Longshore and Warehouse Union (ILWU), Teamsters Canada Rail Conference, Airline Pilots Association, Seafarers International Union, Canadian Merchant Service Guild and Canadian Airport Workers Union; and
Civil society and interest groups: Future Borders Coalition, Canadian Civil Liberties Association and the Canadian Bar Association.

The Department received 14 written submissions in October from Vancouver Fraser Port Authority, Canadian Airports Council, PortsToronto, Nieuport Aviation, Greater Toronto Airport Authority, Aéroports de Montréal, Vancouver Airport Authority, Winnipeg Airport Authority, SSA Marine, Cruise Lines International, Air Canada, Future Borders Coalition, National Airline Council of Canada and the ILWU.

In December 2025, the Department shared a draft of the proposed regulations with the stakeholders identified above and Swissport, Garda World, SSP Canada Food Services Inc., Alliance Ground International and British Columbia Maritime Employers Association.

A question-and-answer document also accompanied the draft proposed regulations summarizing the issues raised in the preconsultations and providing responses. All stakeholders were invited to participate in virtual consultation sessions and to provide written comments on the proposed regulations, including estimates of additional costs.

The British Columbia Maritime Employers Association, Canadian Airports Council, PortsToronto, Nieuport Aviation, Greater Toronto Airport Authority, Montreal Airport Authority, Vancouver Airport Authority, Ottawa Airport Authority, Edmonton Airport Authority, Calgary Airport Authority and Winnipeg Airport Authority participated in virtual sessions.

The consultation version of the proposed regulations was also shared with U.S. Customs and Border Protection and the Department of Homeland Security.

In January 2026, 15 submissions were received from British Columbia Maritime Employers Association, Vancouver Fraser Port Authority, Canadian Airports Council, PortsToronto, Nieuport Aviation, Greater Toronto Airport Authority, Aéroports de Montréal, Vancouver Airport Authority, Ottawa Airport Authority, Edmonton Airport Authority, Winnipeg Airport Authority, SSA Marine, Air Canada, CATSA and the ILWU.

During both consultations, stakeholders expressed support for the broad objective of improving security and raised the following issues.

Duplicative purpose

The Canadian Airports Council, on behalf of airport authorities and the ILWU representing marine workers in British Columbia, sought clarity on the rationale for the introduction of a stand-alone security clearance program. They were of the view that the existing aviation and marine transportation security clearance processes sufficiently mitigate security threats to civil aviation, marine navigation and to the border, and the introduction of a new process would be redundant, costly, time-consuming and a deterrent to labour availability and unnecessarily burden operators, unions, employers and the Government.

The Department maintains that the regulatory amendments are needed to modernize the preclearance security framework in light of evolving threat environments, increased transborder travel volumes and the recognition that higher security standards are required in the interest of border security and integrity when it comes to spaces from which persons and goods depart and will not face border-related inspections on arrival.

Alignment with aviation and marine security regulations

Inconsistencies were identified by airport operators, the Canadian Airport Council, and Vancouver Port Authority between the proposed administrative provisions in the consultation version of the Regulations and similar requirements found in the Canadian Aviation Security Regulations, 2012 and the Marine Transportation Security Regulations (MTSR), pertaining to issuance and content of access passes, deactivation and destruction rules, as well as reporting and record keeping provisions.

Based on these comments, changes were made to align pass requirements with existing rules.

The ILWU objected to the absence of a reconsideration process from the preclearance access clearance recourse mechanism and requested alignment with the MTSR that provides this additional process for individuals that have been refused a marine TSC. The ILWU also requested that workers with a valid TSC be permitted to access preclearance areas at marine facilities under the supervision of a person holding an access clearance and a preclearance access pass.

The Department did not make changes to the Regulations in response to these comments. The Regulations include procedural fairness processes, including the opportunity to provide written representations to the Minister, which must be considered before a final decision is made to refuse or revoke a clearance. Individuals may also seek a judicial review of the Minister’s decision. The Department is of the view that these processes are appropriate and sufficient.

Under the Agreement, supervised access is permitted only for exceptional circumstances. Allowing personnel to perform daily employment functions in a preclearance area without obtaining a security clearance is inconsistent with the Agreement.

Access control measures

The consultation version of the Regulations required facility operators to put in place reasonable measures to control access to preclearance areas. Airport authorities and the Port of Vancouver expressed great concern based on their facility design and limited operational footprint. They noted that many of the spaces function as preclearance areas at certain times and revert to domestic use as needed, and creating physical barriers among them would be operationally unfeasible and costly.

Based on these comments, the requirement for operators to establish reasonable access control measures was removed from the Regulations.

Transitional measures

Stakeholders raised a number of concerns with the transitional measures proposed in the consultation draft of the Regulations.

PortsToronto, Greater Toronto Airport Authority, Vancouver Airport Authority, Montreal Airport Authority and the British Columbia Maritime Employers Association (BCMEA) requested clarity on the application of the transitional measures to current aviation and marine TSC holders, as well as deferred implementation to avoid operational disruptions. Airports inquired whether TSC holders authorized to access preclearance areas at one airport would be prevented access to preclearance areas at other airports if they hold a Restricted Area Identity Card that permits them to do so or whether they would lose preclearance access upon transferring their employment to another airport without applying for the new clearance. The Greater Toronto Airport Authority requested a six-month delay to the coming into force of the Regulations to allow for operational adjustments.

During virtual consultations, airport operators raised operational impacts related to their ability to provide temporary access to preclearance areas and significant costs associated with hiring or reassigning resources to escort individuals. Airport operators issue temporary access passes to individuals awaiting a TSC. In both rounds of consultations, airport operators raised concerns with terminating this practice.

The Canadian Airports Council indicated that removing temporary access could affect critical airside services such as fuelling, catering, ground handling, and cleaning, especially where temporary staff or contractors are essential. The Greater Toronto Airport Authority estimated that operations at Toronto Pearson could incur millions in annual expenses to provide contracted security services to escort temporary pass holders or in increased staff and extended operational hours. Similarly, Aéroports de Montréal estimated more than 500 individuals at Montréal-Trudeau airport hold a temporary access pass, predominantly fulfilling maintenance, catering and janitorial functions, and who represent the sectors most affected by employment turnaround.

Changes were made to the transitional provisions to address these concerns.

Disqualifying offences and unresolved criminal charges

The Canadian Airports Council, and the Ottawa, Edmonton, Toronto Pearson, Montréal and Vancouver airport authorities raised concerns about the proposed list of disqualifying offences and the treatment of outstanding criminal charges. In their submission, the Ottawa airport authority was of the view that some of the listed offences do not present a clear link to aviation or border security, including computer offences, fraud and property offences. They also expressed the view that the treatment of outstanding criminal charges conflicted with the presumption of innocence and that the weight placed on criminal activity would increase the risk of excluding otherwise reliable and rehabilitated workers. A submission from the Canadian Airports Council also cautioned about potential workforce and operational disruptions outside the control of operators or employers if a significant number of employees would be disqualified under the new process.

This input was considered, but no changes were made to the Regulations.

Experience across transportation and border programs confirms that insider threats do not arise solely from offences that are overtly violent or transportation-specific, but may also be associated with property, fraud, cyber- or integrity-related offences that create vulnerability to coercion, exploitation or facilitation. The regulatory framework must err on the side of protecting border security and integrity.

The inclusion of disqualifying offences and standardized look-back periods is intended to ensure uniformity, consistency and predictability. Fixed look-back periods for disqualifying conviction or charges support administrative clarity and fairness by applying the same criteria across all modes of transport to all individuals seeking preclearance area access.

Indigenous engagement, consultation and modern treaty obligations

As required by the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted. It was determined that there are no direct modern treaty implications or obligations for this initiative.

Instrument choice

Requirements to access preclearance areas are established in the Preclearance in Canada Regulations; amendments to the Regulations are the only instrument to change the requirements.

Regulatory analysis

The amendments to the Preclearance in Canada Regulations introduce a security clearance process specific to preclearance areas. These amendments establish uniform security screening criteria for all transportation facilities that host preclearance operations and focus on risks to border security.

The total cost of the amendments is estimated to be $28.62M between 2026 and 2035 (present value, in 2024 Canadian dollars, discounted to the year of 2026 at a 7% discount rate).

Key qualitative benefits include enhanced border security and controls that strengthen Canada’s transportation system by improving early risk identification and reducing the likelihood of security-related incidents and disruptions in cross-border transportation. By protecting the integrity of preclearance operations, the amendments reduce the risk of serious security events with potential health, safety and system-wide impacts, while also supporting more efficient and reliable cross-border travel by reducing the need for additional screening upon arrival, facilitating access to U.S. facilities and promoting consistent security standards across transportation modes. Another benefit of introducing disqualifying criteria in the regulations is increased clarity for applicants in whether they would be eligible to apply.

Analytical framework

The costs and benefits for the amendments have been assessed in accordance with the Treasury Board Secretariat (TBS) Canadian Cost-Benefit Analysis Guide, which can be found through the Cabinet Directive on Regulation: Policy on Cost-Benefit Analysis. Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.

Benefits and costs associated with the amendments are assessed based on comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the amendments. The regulatory scenario provides information on the intended outcomes because of the amendments. Details are further discussed below.

The analysis estimated the impact of the proposed Regulations over a 10-year period from 2026 to 2035, with the year 2026 being when the final Regulations are registered. Unless otherwise stated, all values are expressed in present value based on 2024 Canadian dollars and discounted to the base year of 2026 at a 7% discount rate.

A detailed cost-benefit analysis report is available upon request.

Affected stakeholders

Preclearance is currently conducted at eight airports (Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Ottawa, Montréal and Halifax). Facilities with existing or planned preclearance operations will be affected, as their employees and prospective employees will now be screened under the new Preclearance Program rather than solely under the TSC program.

Employees will also be impacted, as they will be required to attest that they have no disqualifying charges or convictions as part of the application process. Transport Canada (TC) will be affected, as it will be responsible for administering the new clearance regime. Finally, Canadians will benefit from enhanced security within the transportation system.

Further, both U.S. citizens and residents are expected to benefit from the amendments through a modest reduction in illicit cross-border activity, which, in turn, is associated with fewer related public safety and health harms. While benefits to non-Canadians are typically excluded from the analysis, the primary objective of the amendments is to disrupt illicit activities occurring across the Canada–U.S. border.

Canadians are also expected to benefit from the amendments through strengthened security, more reliable transportation operations and an improved passenger experience.

Baseline and regulatory scenarios

Baseline scenario

Under the baseline scenario, the Preclearance Program will not be implemented, and any planned preclearance locations will not become operational. As a result, application criteria for access to preclearance areas will continue to be assessed against transportation security, but decisions to grant or refuse a TSC will not specifically include considerations related to border security and integrity. Applicants will not be required to attest that they have no disqualifying charges or convictions, and individuals with such factors will not be automatically disqualified.

TC will continue processing applications for preclearance access under the existing TSC program. As part of the process, the employer will determine which individuals require access to preclearance areas and certify this as part of the application process. The employer will then initiate the process via a digital online system. The employer will direct the individual to the form that is relevant to their circumstance.

The applicant will work with the employer and/or the facility’s enrollment site or pass control office to complete the application and the other steps of the enrollment process. The applicant will also consent to information being exchanged with U.S. federal security partners in addition to Canadian agencies (e.g. Canada Border Services Agency, Royal Canadian Mounted Police and Canadian Security Intelligence Service).

The facility operator’s enrollment site or pass control office will work with the applicant on completing the application form, collecting fingerprints and finalizing the application and enrollment process.

Regulatory scenario

Under the regulatory scenario, the amendments will introduce specific eligibility and screening requirements for individuals seeking access to preclearance areas. The overall application and enrollment process will remain the same as under the baseline scenario for employers, applicants and facility operators. However, additional requirements related to border security and integrity will be incorporated.

Specifically, applicants will be required to attest that they do not have any disqualifying charges or convictions prescribed in the amendments. Individuals with automatic disqualifying factors will be ineligible to apply for preclearance access and will not be permitted to work in those areas.

Where an applicant’s history contains an adverse indicator that is not automatically disqualifying, TC will assess the information from both a transportation security and a border security perspective, rather than solely from a transportation security perspective, as is the case under the baseline scenario.

As under the baseline scenario, employers will continue to determine which individuals require access to preclearance areas and initiate the application process through the digital online system. Applicants will continue to work with their employer and/or the facility’s enrollment site or pass control office to complete the application, provide biometric information, and consent to the exchange of information with U.S. federal security partners and relevant Canadian agencies.

Under the regulatory scenario, planned preclearance areas across all modes of transportation will become operational, resulting in an increase in the number of employees requiring access to these areas at affected facilities.

To visibly distinguish individuals authorized to enter preclearance areas, employees granted access will be required to hold an access pass with an additional identifying marker (e.g. a black maple leaf sticker). As a result, employers at affected facilities will incur costs associated with obtaining additional access pass cards or modifications for employees who require preclearance access, as well as meeting record-keeping requirements. Facilities with preclearance areas under the baseline scenario already meet these requirements for current staff with preclearance access.

Benefits and costs

The amendments to the Preclearance in Canada Regulations will introduce a security clearance process specific to preclearance areas. These amendments will establish uniform security screening criteria for all transportation facilities that currently host or may host preclearance operations in the future and that will focus on risks to border security.

The total cost of the amendments is estimated to be $28.62M between 2026 and 2035 (present value, in 2024 Canadian dollars, discounted to the year of 2026 at a 7% discount rate).

Key qualitative benefits include enhanced border security and controls that strengthen Canada’s transportation system by improving early risk identification and reducing the likelihood of security-related incidents and disruptions in cross-border transportation. By protecting the integrity of preclearance operations, the amendments reduce the risk of serious security events with potential health, safety and system-wide impacts, while also supporting more efficient and reliable cross-border travel by reducing the need for additional screening upon arrival, facilitating access to U.S. facilities, and promoting consistent security standards across transportation modes.

Benefits

The benefits associated with the amendments are presented qualitatively in the section below.

Increase to public safety

The amendments are expected to produce modest public safety benefits by strengthening access controls in preclearance areas. By automatically disqualifying individuals with specified charges or convictions, the amendments reduce exposure to higher-risk individuals within these secure environments. It is expected that an estimated 0.01% of the current facility employees with access to preclearance areas would not qualify for an access clearance under these new Regulations. The 0.01% is calculated based on a review of applications in a given year for one of the larger airports. Of those applications, those with criminal records were reviewed and compared against the offences from the disqualifying criteria. This resulted in 0.01% of existing TSC holders at that airport with preclearance access having one of the disqualifying offences.

Employees working in preclearance areas represent only a limited potential pathway for facilitating illicit activity. Illicit activity originating in or transiting through Canada represents a very small proportion of the total illicit products entering the United States, and such flows are largely driven by established criminal networks rather than employment-based access to preclearance facilities. Combined, these two factors suggest that the reduction in risk is likely to be small and the overall public safety impact correspondingly modest.

In addition to the potential reduction in illicit cross-border activity, strengthened access controls also support the early identification and mitigation of a range of security risks, such as individuals involved in drug trafficking, human smuggling, or other serious criminal activities, by limiting their opportunity to obtain authorized access to sensitive preclearance areas.

Enhanced security and border integrity

Preclearance strengthens border and national security by allowing threats to be intercepted before they enter either country. It enables early detection of individuals who pose a risk and prevents illicit goods from being exported. By addressing these risks at the earliest point in the travel continuum, preclearance reduces the potential for criminal activity, terrorism, loss of life, business interruption, property damage and the spread of contagion or pests for both countries.

Vetting of personnel mitigates insider threats by ensuring that only trusted individuals maintain access to restricted areas. Expanding the vetting from transportation security to border security broadens the security factors that are considered prior to granting any preclearance clearances that give access to the restricted area.

Operational reliability and risk reduction

By addressing risks early, preclearance reduces the likelihood of disruptions to transportation and trade. Continuous vetting ensures that individuals who become a security risk do not maintain access, which helps avoid costly interruptions and strengthens the integrity of operations.

Regulatory consistency, security and operational integrity

The application of uniform security clearance requirements across all modes of transportation strengthens the security and integrity of preclearance operations by ensuring consistent screening standards for individuals with access to preclearance areas. This ensures there are no gaps between modes of transport and creates a standardized process based upon border-related security risks as well as transportation security threats. This will become more integral as preclearance expands to other modes of transport.

These measures support early identification and interception of security risks — including risks related to criminal activity, terrorism, and the movement of illicit goods — before they materialize or affect cross-border operations. By reducing the likelihood of security-related disruptions and preventing individuals who become security risks from retaining access to sensitive or restricted areas, the amendments enhance the resilience and reliability of cross-border transportation systems.

Costs

Incremental costs associated with the amendments would be borne by the federal government (TC), transportation facilities, and applicants. TC would incur additional costs to process applications associated with the new preclearance access regime, transportation facilities would assume additional costs in association with the handling of the preclearance access requirements per the Regulations when/if they open a new preclearance site, and applicants would assume additional costs in the time required to complete a preclearance application. The total cost over the 2026 to 2035 period is estimated to be $28.62M. Of this amount, approximately $0.230M will be assumed by individuals applying at existing and new preclearance sites, $0.085M by transportation facilities with current or planned preclearance areas, and the remaining $28.31M by TC.

Costs to Transport Canada

Implementation of Preclearance Program

TC will launch the Preclearance Program by introducing a new screening approach for workers requiring unescorted access to designated U.S. preclearance areas in Canadian airports, marine terminals, and rail stations. To support implementation, TC will develop IT solutions and other processing approaches to maximize automation and optimize program efficiency for a workforce delivering both the existing TSC Program and the new Preclearance Program. TC will also hire a one-time surge team to accelerate onboarding and program delivery while automated procedures are designed and implemented.

More specifically, TC will incur costs for four core groups of full-time employees (FTEs) as a result of the amendments to the Preclearance in Canada Regulations. The initial surge team (3.5–5.5 FTEs) will focus on launching the Preclearance Program. Two solutions teams will work on efficiency improvements: 1.5–2.5 FTEs on non-digital solutions and 17.1–21.1 FTEs on digital solutions requiring technical expertise and customization for government applications. Finally, a fourth group (legal services) will provide advice and risk assessments to ensure compliance and support integration of new technologies in decision-making processes.

In addition to FTEs, consultants will also be hired to assist with digital investments. The use of contracted services supports discrete workstreams that are critical to the successful delivery of the Preclearance Program. Contractors are engaged to conduct specialized delivery activities with defined outputs and must meet explicit requirements for transition, including a requirement to share their knowledge with staff. These activities require niche expertise in areas such as artificial intelligence (AI), secure partner integrations, cloud architecture, biometrics, and advanced analytics that must be mobilized quickly to meet project milestones and manage delivery risk.

Lastly, two legal counsel will provide additional capacity in legal services based on a predicted increase in workload with this new program, as well as additional resources required for TC internal services.

As a result, TC will incur an estimated cost of $28.16M between 2026 and 2035 for the implementation of the Preclearance Program.

Additional application processing costs

As a result of the amendments, TC will be required to assess an additional set of criteria related to risks to the security and integrity of the border. These changes are not expected to affect standard processing steps for most applicants. Existing processes will continue to apply except in cases where adverse indicators are identified.

When adverse information is identified, staff will need to assess the application against two criteria:

Factors related to transportation security (current requirement); and
Factors related to border security and integrity (new requirement introduced by the amendments).

The new requirement means that TC staff must determine whether the applicant meets any of the disqualifying criteria set out in the amendments. In cases where adverse information is found but applicants do not meet a disqualifying criterion, staff must then assess whether the adverse information presents a risk to border security and integrity.

Under the current TSC Program, TC processes an average of 40 700 applications requiring preclearance access annually, including new applications and renewals. According to subject matter experts at TC, planned preclearance sites are expected to result in an additional 200 applications per year from 2026 to 2035.

Of the total number of applications processed annually at existing preclearance sites, approximately 160 are expected to include adverse indicators requiring further assessment from a border security perspective. This estimate is based on consultations with subject matter experts from TC’s TSC Program. For these cases, it is estimated that processing will require an additional one hour of effort by a PM-04, at an hourly rate of $115.80.^{footnote 2}

As a result, TC is expected to incur an incremental cost of approximately $142.4K from 2026 to 2035 to process applications with adverse indicators.

Updating the Government of Canada website

TC has updated Government of Canada websites to provide applicants with information on the Preclearance Program and for developed and issued information bulletins.

Development and administration of additional training

TC has developed and delivered training about the new requirements for its own employees and for those working at transportation facilities.

Cost to applicants

Under both the baseline and regulatory scenarios, applicants follow the same application and enrollment process, including working with their employer and facility enrollment site, providing biometric information, and consenting to the exchange of information with U.S. federal security partners and relevant Canadian agencies. The regulatory scenario does not introduce new application steps, documents, or information requirements for applicants; rather, it adds a requirement for applicants to attest that they do not have any disqualifying charges or convictions.

In addition, the regulatory scenario will result in costs to applicants in two specific circumstances. First, the operation of planned preclearance areas would increase staffing needs at affected facilities, resulting in new applicants assuming the usual costs associated with applying for access, which would not occur under the baseline scenario, in which these areas would not become operational. Second, individuals who could have previously obtained access to preclearance areas under the baseline scenario may no longer be eligible due to the introduction of automatic disqualifying factors, potentially resulting in lost access to employment in preclearance areas.

These incremental costs to applicants are described in greater detail below.

Attestation costs

As part of the requirements under the amendments, applicants will be required to attest that they do not have any disqualifying charges or convictions. According to TC subject matter experts, this step will involve reading a short statement and selecting a checkbox to confirm the attestation, which is expected to take approximately 30 seconds for most applicants.^{footnote 3} Based on an hourly wage of $34.78,^{footnote 4} these applicants,^{footnote 5} who do not have a criminal record, are expected to assume an associated opportunity cost of $89.07K between 2026 and 2035.

Applicants with criminal records

Applicants with a criminal record, however, will be expected to spend additional time reviewing the list of prescribed disqualifying charges and convictions to determine whether any apply to their circumstances before completing the attestation. Using the same application volume assumptions as above (40 700 applications per year, plus an additional 200 annually), it is estimated that approximately 10% of applicants (4 090 per year) fall into this category. Assuming an additional review time of five minutes for these applicants, and using an hourly wage of $34.78, the resulting opportunity cost for applicants with a criminal record is estimated at $89.07K between 2026 and 2035.

Applicants for planned preclearance sites

Applicants at transportation facilities with planned preclearance areas will only be required to submit an application under the regulatory scenario. Under the baseline scenario, preclearance will not be implemented at these facilities, and no staff will therefore require screening or access authorization. As a result, all applications associated with planned preclearance sites are incremental and will occur only following the coming into force of the amendments.

Based on input from TC subject matter experts, it is estimated that planned preclearance sites will result in an average of 200 additional applicants per year requiring preclearance access. Each applicant will be responsible for completing and submitting a full preclearance application to TC, a process estimated to take approximately one hour per application. Assuming an hourly wage of $34.78,^{footnote 4} applicants at planned preclearance sites are expected to assume a total opportunity cost of $52.27K between 2026 and 2035.

Loss of preclearance access for individuals with automatic disqualifying factors

Under the regulatory scenario, applicants with prescribed disqualifying charges or convictions will no longer be eligible to obtain preclearance access. Based on input from TC subject matter experts, this is expected to affect a very small proportion of applicants (approximately 0.01%, or about four individuals per year).

For individuals who currently hold preclearance access but will no longer be eligible under the amended requirements, it is expected that employers would not hire these individuals or reassign them to other roles at affected transportation facilities that do not require access to preclearance areas.

Cost to employers (transportation facilities)

Under both the baseline and regulatory scenarios, transportation facilities with existing preclearance areas will continue to follow the same application and enrollment process and are not expected to assume additional costs as a result of the amendments. The regulatory scenario does not introduce new requirements for these facilities, as the amendments mirror those already in place through the TSC Program and existing regulations (Marine Transportation Security Regulations and Canadian Aviation Security Regulations, 2012).

However, the regulatory scenario will result in incremental costs for transportation facilities with planned preclearance areas, which would only become operational following the coming into force of the amendments. These costs relate to initiating and supporting applications for new employees requiring preclearance access, issuing access passes for additional staff, adding identifying markers to the access passes of new employees authorized to access preclearance areas, and managing minor staffing impacts associated with the introduction of automatic disqualifying factors.

The associated costs for transportation facilities are described in greater detail below.

Employer responsibilities in the application process for new preclearance sites

For transportation facilities planning to open new preclearance areas, additional employer effort will be required to support new applicants. In these cases, employers and facility operators would be responsible for

identifying which employees require access to preclearance areas;
certifying the need for access as part of the application;
initiating the application process through the digital online system;
directing employees to the appropriate application form based on their circumstances (e.g. a new preclearance application, an upgrade from a TSC, or a renewal); and
supporting applicants, as needed, in completing the remaining steps of the enrollment process in coordination with the facility’s enrollment site or pass control office.

Once the application is initiated, the applicant will work with the employer and/or the facility’s enrollment site or pass control office to complete the remaining steps of the enrollment process. This includes completing the application, providing biometric information, and consenting to the exchange of information with relevant Canadian agencies and U.S. federal security partners. The facility’s enrollment site or pass control office will assist in completing these steps and finalizing the application.

Based on input from TC subject matter experts, it is estimated that an average of 200 additional applicants per year will require preclearance access as a result of planned preclearance sites. Facility operators will be responsible for initiating and submitting these applications to TC, a process estimated to take approximately 30 minutes per application. Assuming an average employer wage rate of $72.68,^{footnote 6} transportation facilities are expected to incur a total opportunity cost of approximately $54.62K between 2026 and 2035.

Additional access passes at new preclearance sites

Transportation facilities with planned preclearance areas would also need to print access passes for additional employees required to operate these new areas. The cost of an additional access pass has been assumed to be the cost of a Restricted Area Identity Card (RAIC). Given a printing cost of $12.24 per RAIC,^{footnote 7} and an average of 200 applicants per year, the amendments are expected to result in a cost of $18.4K to transportation facilities with planned preclearance areas for additional access pass cards.

Identifying marker on access pass cards

Transportation facilities will be required to add an identifying marker (such as a black maple leaf sticker) to the access pass of employees who gain preclearance access under the new requirements. Facilities are expected to purchase these markers and apply them to the access passes of affected employees. Assuming a unit cost of $5.47^{footnote 8} per identifying marker and an average of 200 new preclearance applicants per year, the total cost to transportation facilities is estimated at $8,215 between 2026 and 2035.

Record-keeping requirements for new preclearance sites

The record-keeping requirements apply to new access passes issued at planned preclearance sites. These requirements are not new in substance, as similar record-keeping obligations already exist under other security regulations for aviation and marine facilities. As a result, while facilities are already familiar with record-keeping practices of this nature, the issuance and administration of these new passes represent an incremental impact.

Facilities will need to maintain records for each new preclearance access pass in accordance with existing record-keeping requirements. Although the activities involved are routine and align with current practices, they constitute an additional requirement solely because of the introduction of new access passes linked to planned preclearance operations.

Assuming an hourly wage of $32.53^{footnote 9} for an administrative-level employee, and an average of five minutes required to maintain records for each new access pass, transportation facilities with planned preclearance sites are expected to incur a total opportunity cost of $4,074 over the period from 2026 to 2035, based on the issuance of approximately 200 new access passes per year.

Reduced employee pool

Under the regulatory scenario, applicants with disqualifying charges or convictions will no longer be eligible to obtain preclearance access, which could potentially reduce the employee pool available to transportation facilities. However, according to TC subject matter experts, the proportion of applicants with disqualifying factors is approximately 0.01%, representing about four individuals per year. As a result, the impact on transportation facilities is expected to be minimal.

Cost-benefit statement

Number of years: 10 (2026 to 2035)
Price level year: 2024
Present value base year: 2026
Discount rate: 7%

Table 1: Monetized costs (in thousands of dollars)
Impacted stakeholder	Description of cost	Base year: 2026	Annual average (2027–2034)	Final year: 2035	Total (present value)	Annualized value
Government of Canada (Transport Canada)	Implementation of Preclearance Program	$7,584.4	$2,572.4	$0,000.0	$28,163.3	$4,009.8
Government of Canada (Transport Canada)	Additional application processing costs	$0,018.9	$0,014.1	$0,010.3	$0,142.4	$0,020.3
Applicants	Attestation	$0,011.9	$0,008.9	$0,006.5	$0,089.9	$0,012.7
	Additional application time for those with a criminal record	$0,011.9	$0,008.9	$0,006.5	$0,089.1	$0,012.7
	Additional applicants for planned preclearance sites	$0,006.9	$0,005.2	$0,003.8	$0,052.3	$0,007.4
Transportation facilities	Employer responsibilities in the application process for new preclearance sites	$0,007.3	$0,005.4	$0,004.0	$0,054.6	$0,007.8
	Additional access passes at new preclearance sites	$0,002.5	$0,001.8	$0,001.3	$0,018.4	$0,002.6
	Identifying marker on access pass	$0,001.1	$0,000.8	$0,000.6	$0,008.2	$0,001.2
	Record-keeping requirements for new preclearance sites	$0,000.5	$0,000.4	$0,000.3	$0,004.1	$0,000.6
All stakeholders	Total costs^{table b1 note a}	$7,645.4	$2,617.9	$0,033.2	$28,621.4	$4,075.1
Table b1 note(s) Table b1 note a Values might not add up due to rounding. Return to table b1 note a referrer

Table 2: Summary of monetized costs (in thousands of dollars)
Impact	Base year: 2026	Annual average (2027–2034)	Final year: 2035	Total (present value)	Annualized value
Total costs	$7,645.4	$2,617.9	$0,033.2	$28,621.4	$4,075.1
Net impact	−$7,645.4	−$2,617.9	−$0,033.2	−$28,621.4	−$4,075.1

Sensitivity analysis

A number of assumptions have been made to estimate the costs of the amendments. To address the effect of uncertainty and variability on these assumptions, a sensitivity analysis is conducted, where variables are assigned different values, and outcomes are re-evaluated. A sensitivity analysis was performed on the discount rate.

Discount rate

The central analysis used a 7% discount rate, as recommended by the Treasury Board of Canada Secretariat. The sensitivity analysis presents the results should a 3% discount rate have been used, as well as if there was no discounting.

Table 3: Sensitivity analysis results — Discount rate (in millions of dollars)
Note: the “7%” cost values represent the central case.
Parameter	Total cost
0%	$31.68M
3%	$30.28M
7%	$28.62M

Distributional analysis

Aside from the cost to government, the amendments would primarily affect applicants at preclearance areas (current and planned). Collectively, they are expected to incur around $315.73K in costs. Applicants are expected to bear approximately 73.0% of the total estimated costs, while transportation facilities are expected to assume the remaining 27.0%.

Table 4: Costs by impacted stakeholder
Stakeholders	Total costs to stakeholders	Share of costs
Applicants	$230.42K	73.0%
Transportation facilities	$85.31K	27.0%
Total	$315.73K	100%

Small business lens

Analysis conducted under the small business lens concluded that there would be no associated impacts on businesses, as no facility operator meets the definition of a small business in the Policy on Limiting Regulatory Burden on Business.

One-for-one rule

The one for one rule does not apply. While the amendments will introduce incremental reporting requirements related to the issuance and management of preclearance passes, these requirements would apply only to transportation facilities with planned preclearance areas within the analytical time frame. All such facilities are owned and operated by provincial or federal governments or would affect a Crown corporation. As a result, the affected entities do not meet the definition of a business.

Regulatory cooperation and alignment

This initiative supports Canada’s obligations under the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America. Alignment with transportation security regulations was sought to the extent possible. No regulatory alignment with other jurisdictions has been sought.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

Key findings

The new access clearance regime features automatic disqualifying offences. These include serious violent offences, including assault, armed robbery, homicide, terrorism offences, trafficking and smuggling of drugs, firearms, contraband, and human beings. Research in criminology reveals that certain social characteristics are linked with a greater likelihood of involvement in criminal activity, where most offenders tend to be young, disadvantaged males. There is also an association between offenders and minority groups, particularly Indigenous people in Canada who are overrepresented in the justice system, both as perpetrators of crime and as victims.

Black or Indigenous males, aged between 18 and 39 from a low-income social-economic background, would have a greater likelihood of being negatively affected by the introduction of automatic disqualifiers tied to previous criminality. However, the impact of the introduction of automatic disqualifiers is not expected to be significant. Individuals with a violent criminal past or other serious criminality would likely be disqualified from receiving a TSC and prevented from accessing restricted areas at most transportation facilities with preclearance operations.

The Regulations require that fairness is maintained in each assessment. Those individuals that will be automatically disqualified, or about to be refused a clearance, will be notified in writing and provided with the reasons that led to that outcome. They will also be given an opportunity to present additional information or evidence if there was a significant change in their circumstances not considered by the Minister in their assessment. The same considerations also apply to individuals whose existing clearance is revoked. As is the case with any administrative decision in Canada, affected individuals will have the option to seek judicial review of an adverse ministerial decision from the Federal Court.

Implementation and service standards

Implementation

The Regulations come into force on March 9, 2026, but, if they are registered after this day, they come into force on the day they are registered.

Sections 2.19 to 2.22 come into force on the 120th day after the day on which the Regulations come into force.

Application process

The Transportation Security Services (TSS) portal, currently used by employers to initiate TSC applications, will also be used for preclearance access clearance applications. New facility operators and employers will be added to this portal as preclearance operations expand to airports, marine terminals and rail stations.

The complete step-by-step process to commence and submit an application for the preclearance area access clearance, as well as the TSC, is available on Transport Canada’s webpage.

Processing of an application

Transport Canada accepts applications from airport operators, marine facility operators, and rail terminal operators. Once in receipt of a complete application, TC verifies whether the applicant is eligible for an access clearance by conducting a criminal background check, verifying information from foreign and domestic law enforcement, border services, and security intelligence partners, and conducting an immigration and citizenship status check for individuals born outside Canada, including naturalized citizens and permanent residents.

If the criminal record check does not reveal any automatic disqualifying offences or unresolved charges, and the applicant is otherwise deemed eligible by not having been refused a clearance in the prior five years, the application progresses to a risk assessment.

TC will look at the factors required by the Regulations along with details gathered from Canadian and foreign police, border agencies, and intelligence organizations.

Based on the outcome of the assessment, TC will either grant the security clearance or notify the applicant of the intent to refuse, including the reasons, and give the applicant an opportunity to make additional written representations within a fixed time frame. These will be considered, and if it is determined that the applicant may still pose a risk, the clearance is refused.

TC also informs the enrollment site and the applicant of the decision to grant or refuse a clearance through the TSS platform. The details of an applicant’s ineligibility or refusal will not be shared with the employer.

Transitional measures

Transport Canada has provided guidance on the transitional measures to explain how they apply to a variety of situations.

Service standards

The processing time for a preclearance access clearance is generally within 60 working days from receipt of a completed application form for individuals without adverse information. The processing times for applicants with adverse information will vary based on the nature and scope of the information.

Contact

Mike McGuire
Director General
International and Border Policy Directorate
Portfolio Affairs and Communications Branch
Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Email: preclearance-precontrole@ps-sp.gc.ca

Footnotes

Footnote a

S.C. 2017, c. 27

Return to footnote a referrer

Footnote 1

SOR/2019-183

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Footnote 2

Wage rates are obtained from Rates of pay for public service employees, including an overhead rate of 30%.

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Footnote 3

The attestation will be a basic text box where applicants must indicate “yes” or “no” to whether they have been convicted of a crime.

Return to footnote 3 referrer

Footnote 4

Wholesale and retail trade (Average hourly wage rate - December 2024). Includes 25% overhead.

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Footnote 5

The number of applicants without a criminal record is estimated at 36 810 per year, based on total annual applications of 40 900 (40 700 existing applications plus 200 additional applications) minus 10% (4 090 applicants) assumed to have a criminal record.

Return to footnote 5 referrer

Footnote 6

Middle management occupations in trades, transportation, production and utilities. Includes 25% overhead.

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Footnote 7

Stakeholder consultation with CATSA in 2019 reported a fixed price of US$7.96. The 2019 exchange rate from the Bank of Canada was used to calculate Can$10.35 and then inflated to 2024 dollars.

Return to footnote 7 referrer

Footnote 8

The unit cost is based on the price of a commercially available “Authorized Personnel” identification sticker from StickerShoppe and was converted from U.S. dollars to Canadian dollars using the average 2024 Bank of Canada annual exchange rate.

Return to footnote 8 referrer

Footnote 9

Administrative and financial support and supply chain logistics occupations. Includes 25% overhead.

Return to footnote 9 referrer

Regulations Amending the Preclearance in Canada Regulations: SOR/2026-25

Regulations Amending the Preclearance in Canada Regulations

Amendments

Definitions

Access Clearance

Admissibility of Applications

Minister’s Decision

Access Control in Preclearance Areas

Transitional Provisions

Coming into Force

SCHEDULE 1

SCHEDULE 1

Offences — Ineligibility for Five Years

Aeronautics Act

Criminal Code

Criminal Records Act

Customs Act

Controlled Drugs and Substances Act

Immigration and Refugee Protection Act

Preclearance Act, 2016

Cannabis Act

SCHEDULE 2

SCHEDULE 2

Offences — Ineligibility for 10 Years

Criminal Code

Foreign Interference and Security of Information Act

Controlled Drugs and Substances Act

Immigration and Refugee Protection Act

Cannabis Act

REGULATORY IMPACT ANALYSIS STATEMENT

Issues

Background

Objective

Description

Definitions

Access clearance

Admissibility of applications

Minister’s decision

Access control in preclearance areas

Transitional provisions

Immediate termination of access

Schedule 1

Schedule 2

Regulatory development

Consultation

Duplicative purpose

Alignment with aviation and marine security regulations

Access control measures

Transitional measures

Disqualifying offences and unresolved criminal charges

Indigenous engagement, consultation and modern treaty obligations

Instrument choice

Regulatory analysis

Analytical framework

Affected stakeholders

Baseline and regulatory scenarios

Baseline scenario

Regulatory scenario

Benefits and costs

Benefits

Increase to public safety

Enhanced security and border integrity

Operational reliability and risk reduction

Regulatory consistency, security and operational integrity

Costs

Costs to Transport Canada

Cost to applicants

Cost to employers (transportation facilities)

Cost-benefit statement

Table b1 note(s)

Sensitivity analysis

Discount rate

Distributional analysis

Small business lens

One-for-one rule

Regulatory cooperation and alignment

Effects on the environment

Gender-based analysis plus

Key findings

Implementation and service standards