Regulations Amending the Preclearance in Canada Regulations
(Preclearance Area Access Clearance)
Enabling Act
Preclearance Act, 2016
Description
The objective of changes to the Preclearance in Canada Regulations is to establish a security clearance regime for individuals who must have unescorted access to a 'preclearance area' in order to perform their employment duties. Regulatory changes would also establish associated rules and requirements necessary for the administration and operation of the security clearance regime.
Preclearance area security screening will operate alongside existing transportation security screening requirements at airports and marine facilities. Irrespective of mode of transportation, the preclearance area screening process will apply screening criteria relevant to border security.
Potential impacts on Canadians, including businesses
The regulatory changes would impact employees who access preclearance areas located at airports and marine facilities, who are already subject to existing transportation security screening requirements. As the regulatory amendments would introduce new security screening criteria relevant to border security, it is possible that a small number of employees who can access preclearance areas today may not be able to do so after regulatory amendments take effect.
Presently there are no designated preclearance areas at rail or vehicle-based facilities (e.g. bus terminals). Should this change, employees who require unescorted access to preclearance areas at these facilities would be required to meet federal security screening requirements introduced by these regulatory changes.
Any employee subject to security screening requirements who cannot meet them will not have unescorted access to preclearance areas, irrespective of whether this is an expectation or requirement of employment. Therefore, employers will need to address situations where employees, or prospective employees, fail to meet access requirements.
Facility operators will be required to administer and control access to preclearance areas. The regulatory changes may impact them to differing degrees depending on the mode of transportation at issue. At airports and marine facilities, the capacity to restrict access to certain parts of a facility are already present and requirements related to preclearance areas are likely to have minimal impact. Facility access requirements are likely to have a greater impact on other facility operators who, at present, may have minimal or no access control measures in place.
Specific classes of individuals who may require unescorted access to preclearance areas for purposes of their employment will not be impacted by proposed regulatory changes. These include persons engaged in the administration or enforcement of federal legislation, emergency services, and police.
Regulatory cooperation efforts (domestic and international)
This initiative will not require regulatory cooperation with other orders of government, or international regulatory cooperation.
Consultations
Consultations will be conducted with the following groups:
- transportation facility operators presently hosting preclearance operations and operators of prospective preclearance sites
- affected transportation carriers
- affected labour unions
- other transportation industry groups
- broader public consultations may be conducted during the pre-publication period
Further information
Further information may be requested by email to preclearance-precontrole@ps-sp.gc.ca.
Departmental contact information
Mike McGuire
Director General
International and Border Policy Directorate
Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario K1A 0P8
Mike.McGuire@ps-sp.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
November 2025.
- Date modified: