NEXUS
Terms and Conditions

How will you be travelling?

NEXUS members

Consult United States Customs and Border Protection (CBP) Appeals if your membership has been revoked by U.S. CBP.

Contact NEXUS

As a NEXUS member, you agree to do the following:

When you travel using your NEXUS membership card, you must possess appropriate immigration documents (e.g. a work permit or a visa). Your authorized period of admission to Canada or the U.S. depends on your valid immigration status for each country or your citizenship of that country.

Travelling with children

Children must also be NEXUS members to access a NEXUS designated lane or self-serve kiosk; otherwise you must use regular lanes. Carry copies of legal custody documents when you travel with children for whom you share custody or a permission letter if both parents are not travelling with the child. If you are not a custodial parent or legal guardian, you must carry the children's identification as well as written permission from the parents or legal guardian to supervise them. Ensure that the permission letter includes addresses and telephone numbers where the parents or legal guardian can be reached.

Lost, stolen or damaged NEXUS cards

If your NEXUS membership card is lost, stolen or damaged, the request for a replacement card must be submitted through your GOES account. A fee of US$25 will be charged to issue a replacement card.

When requesting a replacement card, an interview at an enrolment centre may be required.  

Note: If you are issued a new card, previous cards must be destroyed as they will not be accepted.

Penalties

Border officers strictly enforce the law. Any time you enter Canada or the U.S., you may be subject to an inspection. If you violate any terms or conditions of the NEXUS program, or if you violate any laws or regulations of Canada or the U.S., your NEXUS privileges may be cancelled, regardless of the reason for this violation (e.g., negligence, carelessness and/or lack of knowledge).

Reasons for cancellation

If a member has contravened the legislation, a new eligibility assessment is performed to determine whether the individual continues to meet the eligibility criteria:

Immigration and Refugee Protection Act

Member is a:
  • Canadian citizen,
  • Canadian permanent resident,
  • American citizen, or
  • American permanent resident

and has a Canadian documented immigration contravention under the Immigration and Refugee Protection Act that is recorded in the Global Case Management System (GCMS).

Eligibility following contravention
  • May be eligible to (re)apply after 10 years have elapsed since the immigration contravention.
  • However, if the member has one of the following immigration contraventions under Part 3 – Enforcement – of the IRPA, he will not be eligible to (re)apply: immigration contraventions related to human smuggling or trafficking.

NOTE: The 10-year period begins from the date that the offence is recorded in GCMS.

Customs Act

Member has a recorded enforcement action under the Customs Act in the Integrated Customs Enforcement System (ICES).

Recorded enforcement actions in ICES considered when determining eligibility:
  • Seizure
  • Ascertained forfeiture
Eligibility following the contravention
  • May be eligible to (re)apply after six years have elapsed since the recorded enforcement action into ICES.

NOTE: The six-year period begins from the date the contravention is recorded in ICES.

Other Government Departments legislation

Member has a recorded enforcement action under any program legislation in a national database such as the Integrated Customs Enforcement System (ICES).

Program legislation: The CBSA administers acts and regulations on behalf of other government departments. Examples of legislative contravention at time of passage are:

  • controlled, restricted or prohibited animals, plants or goods;
  • any type of weapon or firearm that is restricted or prohibited; and
  • currency equal to or greater than Can$10,000 being brought into or taken out of Canada.

NOTE: For the purpose of fairness and consistency, only enforcement actions taken under other legislation recorded into ICES will be considered.

Eligibility following contravention
  • May be eligible to (re)apply after six years have elapsed since the recorded enforcement action into ICES.
    NOTE: The six-year period begins from the date the contravention is recorded in a national database.

Criminal Code

Member has a conviction under the Criminal Code of Canada or the Criminal Code of another country (such as the U.S.).

NOTES:
  • Onus is on the member to prove that a conviction was prosecuted summarily (Canada) or as a misdemeanour (U.S.).
  • Onus is on the member to prove that a charge did not result in a conviction.
Eligibility following contravention
  • May be eligible to (re)apply if he has a conviction that has been pardoned 

or

  • May be eligible to (re)apply if summary (misdemeanour) conviction is older than 10 years.

or

  • May be eligible to (re)apply if the two summary (misdemeanour) convictions arising out of a single occurrence are older than 10 years.
  • However, if the member is convicted of one of the following offences, he or she will not be eligible to (re)apply: convictions involving illegal narcotics, controlled drugs or substances, weapons, child pornography, smuggling, trafficking, or currency offences appearing in the Canadian Police Information Centre (CPIC) and the National Crime Information Centre (NCIC), notwithstanding the length of time elapsed.

NOTES:

  • The 10-year period begins upon completion of the imposed sentence (e.g. end of probation, time served, payment of fine, etc.).
  • The U.S. does not recognize pardons.

If the member violates a term or condition of the program, the border services officer must determine if the member should retain his/her membership. The violations of the program terms and conditions are grouped as follows:

Improper use of the membership at time of passage

1. Member has the following at time of passage:

  • Commercial goods* (including promotional samples)
  • Restricted/controlled/prohibited goods
  • More than Can$10,000 of currency or monetary instruments of a certain value unless otherwise exempted

*Laptops, iPads, Blackberries and such items for personal use by the member are not considered commercial goods.

Eligibility following violation:
  • May be eligible to (re)apply after six years have elapsed since the violation.
    NOTE: The six-year period begins from the date that the violation occurred.

2. Member transfers his/her card to another individual at time of passage.

The member must not transfer his/her card to another individual.

Eligibility following violation:
  • May be eligible to (re)apply after six years have elapsed since the violation.
    NOTE: The six-year period begins from the date that the violation occurred.

3. A member facilitates or attempts to facilitate the entry of a non-member at time of passage.

The driver, boat master or pilot has the responsibility of ensuring that all accompanying travellers in the conveyance are carrying a membership.

The self-service kiosks can only be used by individuals who have a membership and must be used separately even when travelling in groups.

Eligibility following violation:
  • May be eligible to (re)apply after one year has elapsed since the violation.
    NOTE: The one-year period begins from the date that the violation occurred.

Documentation

At all times, a member must carry his/her membership card, as well as all required travel and identification documents, including:

  • personal ID;
  • immigration or citizenship documents; and
  • any other documentation that is required to enter Canada (e.g.: a letter of consent from the parent/legal guardian not traveling with the child(ren).
Eligibility following violation:
  • May be eligible to (re)apply after one year has elapsed since the violation.
    NOTE: The one-year period begins from the date that the violation occurred.

Personal Information

Member fails to update:

  • immigration status (work permit, study permit) or
  • personal information that may affect his/her admissibility and eligibility in the program.
Eligibility following violation:
  • May be eligible to (re)apply after one year has elapsed since the violation.
    NOTE: The one-year period begins from the date that the violation occurred.

Note: Should there be two contraventions/violations, the longest penalty period will apply.

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