Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2017-11-20 and last amended on 2017-10-24. Previous Versions

Marginal note:Application by lawful owner
  •  (1) For the purposes of paragraph 253(2)(b), a person who claims to be the lawful owner of a seized thing may apply in writing for its return within 60 days after the seizure.

  • Marginal note:Return of thing

    (2) The thing seized shall be returned to an applicant if the applicant demonstrates that they

    • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

    • (b) did not participate in the fraudulent or improper use of the thing; and

    • (c) exercised all reasonable care to satisfy themselves that the person permitted to obtain possession of the thing was not likely to fraudulently or improperly use it.

  • Marginal note:Return of vehicle

    (3) A seized vehicle that is not returned under subsection (2) shall be returned on payment of a $5,000 fee if the applicant demonstrates that they

    • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

    • (b) did not profit or intend to profit from the fraudulent or improper use of the vehicle; and

    • (c) are unlikely to contravene the Act in the future.

  • Marginal note:Additional factor

    (4) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act.

  • Marginal note:Notice of decision

    (5) The applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.

Marginal note:Application by person from whom thing was seized
  •  (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, a person from whom it was seized may apply in writing within 30 days after the seizure for its return.

  • Marginal note:Return of thing

    (2) The thing seized shall be returned to an applicant if the applicant demonstrates that it was not fraudulently or improperly obtained or used.

  • Marginal note:Notice of decision

    (3) An applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.

Marginal note:Sale of a seized thing
  •  (1) Subject to subsections (2) and (3), if a thing seized is not returned to its lawful owner or the person from whom it was seized under section 254, 255 or 256, the thing shall be sold unless the costs of sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

  • Marginal note:Sale suspended

    (2) A thing seized shall not be sold

    • (a) during the 15 days following notification of a decision not to return it under section 255 or 256; or

    • (b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.

  • Marginal note:Disposition of documents

    (3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be retained for as long as is necessary for the administration or enforcement of Canadian laws, after which it is subject to the applicable laws relating to the disposal of public archives.

Marginal note:Limitation period for seizures

 No seizure may be made under subsection 140(1) of the Act in respect of the fraudulent or improper obtaining or use of a thing more than six years after that obtaining or use.

PART 17Transportation

Marginal note:Prescribed persons

 For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed:

  • (a) any foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act, unless they hold a temporary resident permit issued under section 24 of the Act; and

  • (b) any foreign national who is not authorized under subsection 52(1) of the Act to return to Canada.

  • SOR/2013-210, s. 5;
  • SOR/2016-37, s. 3.
Marginal note:Prescribed documents

 For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:

  • (a) a travel document referred to in subsection 31(3) of the Act;

  • (b) refugee travel papers issued by the Minister;

  • (c) a document referred to in subsection 50(1) or 52(1);

  • (d) a temporary travel document referred to in section 151;

  • (e) a visa referred to in section 6 or subsection 7(1);

  • (f) a permanent resident card; and

  • (g) an electronic travel authorization referred to in section 7.01 or 7.1.

  • SOR/2015-46, s. 1;
  • SOR/2016-37, ss. 4(F), 14;
  • SOR/2017-53, s. 7.
Marginal note:Holding prescribed documentation
  •  (1) If a commercial transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the commercial transporter must give the person a receipt for the documents and hold the documents until examination.

  • Marginal note:Presenting documents

    (2) A commercial transporter that holds the documents of a person must, when presenting the person for examination under paragraph 148(1)(b) of the Act, present the documents and a copy of the receipt.

  • SOR/2016-37, s. 5.
Marginal note:Obligation to hold a person
  •  (1) For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when

    • (a) an officer informs the transporter that the examination of the person is completed;

    • (b) the person is authorized to enter Canada under section 23 of the Act; or

    • (c) the person is detained under any Canadian law.

  • Marginal note:Notification

    (2) A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter’s vehicle for any other purpose than examination.

Marginal note:Stowaway notification

 On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway.

Marginal note:Medical examination and treatment
  •  (1) A commercial transporter must arrange for the medical examination of a foreign national who is required to submit to one under paragraph 16(2)(b) of the Act and for any medical examination, surveillance or treatment that is imposed under section 32.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the foreign national holds a temporary or permanent resident visa at the time of their examination and the foreign national’s health condition is not a result of the commercial transporter’s negligence; or

    • (b) the foreign national has been authorized to enter and remain in Canada and is not a member of the crew.

  • Marginal note:Prescribed medical costs

    (3) For the purposes of paragraph 148(1)(g) of the Act, any medical costs incurred with respect to the foreign national are prescribed costs and are to be calculated on the basis of the applicable provincial health insurance system.

  • SOR/2012-154, s. 13;
  • SOR/2016-37, s. 6.
 
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