For public consultation
Examination of Documents Stored on Personal Digital Devices Regulations

Current status: Closed

Examination of documents

1. (1) For the purposes of section 99.01 of the Customs Act, before examining a document that is stored on a personal digital device, an officer must take the necessary steps, including deactivating the device’s network connectivity, so that only documents that are stored on the device are accessible during the examination.

Note taking

(2) An officer who examines a document that is stored on a personal digital device must record the following information:

1. the date and time of the beginning and end of the examination;
2. the steps taken so that only documents that are stored on the device were accessible during the examination;
3. the basis for the examination;
4. a description of the device;
5. the manner in which the examination was conducted, including whether it was conducted manually or with the assistance of technology;
6. the type of document that was examined; and
7. the applications that were accessed.

Coming into force

2. These Regulations come into force on the day on which section 1 of An Act to amend the Customs Act and the Preclearance Act, 2016, chapter X of the Statutes of Canada, 2022, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

Comments on the proposed regulations can be submitted by July 15, 2022 to:

Terri Gabbatt
Manager, Traveller Facilitation and Customs Policy Unit, CBSA
Terri.Gabbatt@cbsa-asfc.gc.ca