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

Marginal note:Concurrent applications

256 If the person from whom a thing was seized makes an application under section 254 for the return of the thing and the lawful owner makes an application under section 255 for the same thing, the application of the lawful owner will be processed first. If the application of the lawful owner is granted, the application of the person from whom the thing was seized shall not be processed.

Marginal note:Notice of decision

257 The decision on the application under section 254 or 255 and the reasons for it shall be given in writing and provided to the applicant as soon as feasible. If the applicant is notified by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed.

Marginal note:Automatic return

• 257.1 (1) If the seizure of a thing was necessary to carry out the purposes of the Act, the thing shall be returned to its lawful owner without delay if the seizure is no longer necessary for those purposes.

• Marginal note:Return — seizure in error

  (2) If the seizure of a thing was made in error, the thing shall be returned without delay to the person from whom the thing was seized or, if that is not possible, to its lawful owner.

Marginal note:Conditional return

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

Marginal note:Sale or destruction of seized thing

• 258 (1) If a thing seized, other than a document, is not returned to its lawful owner or the person from whom it was seized, the thing shall be sold unless the costs of the sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

• Marginal note:Sale or destruction suspended

  (2) A thing seized shall not be sold or destroyed

  • (a) within the 15 days after the day on which the notification of a decision not to return it was provided; 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:Return or disposal 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 held for as long as is necessary for the administration of the laws of Canada, after which it will either be returned to the authority that issued it or disposed of in accordance with the laws of Canada.
  

PART 17Transportation

Marginal note:Prescribed persons

258.1 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;

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

• (c) any foreign national who is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act.

Marginal note:Prescribed documents

259 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.

Marginal note:Holding prescribed documentation

• 260 (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.

Marginal note:Obligation to hold a person

• 261 (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

262 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

• 263 (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.

Marginal note:Prescribed information

264 A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:

• (a) a copy of any ticket issued to the person;

• (b) a document specifying the person’s itinerary, including the place of embarkation and dates of travel; and

• (c) a document identifying the document number and type of passport, travel document or identity document carried by the person, the country of issue and the name of the person to whom it was issued.

Marginal note:Crew list

• 265 (1) On arrival at the first port of call in Canada of a vessel registered in a foreign country, the transporter must provide an officer at the nearest port of entry with a list of all members of the crew.

• Marginal note:Amended crew list

  (2) The transporter must maintain on board a current list of all members of the crew while the vessel is in Canada.

• Marginal note:Final crew list

  (3) Before the vessel’s departure from its final port of call in Canada, the transporter must provide an officer with a copy of the list referred to in subsection (1) that includes any changes made while the vessel was in Canada.

Marginal note:Assembly

266 On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.

Marginal note:Canadian registered vessels

267 On the arrival of a vessel registered in Canada at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of all members of the crew who are not Canadian citizens or permanent residents and, on request, provide the officer with a list of all crew members.

Marginal note:Reporting obligation

• 268 (1) A transporter must, without delay, notify an officer at the nearest port of entry of any foreign national who ceases to be a member of the crew for a reason listed in paragraph 3(1)(b). The transporter must record that information and provide it in writing on the request of the officer.

• Marginal note:Failure to join means of transportation

  (2) A transporter must, without delay, notify an officer at the nearest port of entry when a foreign national who entered Canada to become a member of the crew of the transporter’s vessel fails to join the means of transportation within the period provided in paragraph 184(2)(b).

Marginal note:Prescribed information

• 269 (1) On the request of an official of the Canada Border Services Agency, a commercial transporter that carries or expects to carry persons to Canada on board its commercial vehicle must provide the Canada Border Services Agency with the following information about each person whom it expects to carry:

  • (a) their surname, first name and any middle names, their date of birth, their citizenship or nationality and their gender;

  • (b) the type and number of each passport or other travel document that identifies them and the name of the country or entity that issued it;

  • (c) their reservation record locator number, if any;

  • (d) the unique passenger reference assigned to them by the commercial transporter, if any, or, in the case of a crew member who has not been assigned one, notice of their status as a crew member;

  • (e) any information about the person that is in a reservation system of the commercial transporter or its agent; and

  • (f) the following information about their carriage on board the commercial vehicle:

    • (i) if the person is carried or is expected to be carried on board the commercial vehicle by air, the date and time of take-off from the last point of embarkation of persons before the commercial vehicle arrives in Canada or, if the person is carried or is expected to be carried on board the vehicle by water or land, the date and time of departure from the last point of embarkation of persons before the commercial vehicle arrives in Canada,

    • (ii) the last point of embarkation of persons before the commercial vehicle arrives in Canada,

    • (iii) the date and time of arrival of the commercial vehicle at the first point of disembarkation of persons in Canada,

    • (iv) the first point of disembarkation of persons in Canada, and

    • (v) in the case of a commercial vehicle that carries persons or goods by air, the flight code identifying the commercial transporter and the flight number.

• Marginal note:Electronic means

  (2) The information referred to in subsection (1) must be provided by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange set out in the document entitled CBSA Carrier Messaging Requirements issued by the Canada Border Services Agency, as amended from time to time.

• Marginal note:Time of transmission — paragraphs (1)(a) to (d)

  (3) The information referred to in paragraphs (1)(a) to (d) must be provided

  • (a) not later than one hour before the time of departure, if the information relates to a member of the crew; and

  • (b) not later than the time of check-in, if the information relates to any other person who is expected to be on board the commercial vehicle.

• Marginal note:Time of transmission — paragraph (1)(e)

  (4) The information referred to in paragraph (1)(e) must be provided not later than at the time of departure.

• Marginal note:Time of transmission — paragraph (1)(d)

  (5) The information referred to in paragraph (1)(d) must also be provided, for each passenger who is on board the commercial vehicle at the time of departure, not later than 30 minutes after the time of departure.

• Marginal note:Incomplete or inaccurate information

  (6) A commercial transporter that becomes aware before or at the time of departure that information they have provided under paragraph 148(1)(d) of the Act is incomplete or inaccurate must, in the manner described in subsection (2) and without delay, provide the Canada Border Services Agency with the missing or accurate information.

• Marginal note:Exception — paragraph (1)(e)

  (7) Subsection (6) does not apply in respect of information referred to in paragraph (1)(e).

• Marginal note:Time of transmission — paragraph (1)(f)

  (8) The information referred to in paragraph (1)(f) must be provided at the same time that any information referred to in subsections (3) to (7) is provided.

• Marginal note:Maximum retention period

  (9) The Canada Border Services Agency may retain information referred to in paragraphs (1)(a) to (d) about a person for up to three years and six months after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

• Marginal note:Retention period — investigation

  (10) After the period referred to in subsection (9), the Canada Border Services Agency may retain the information referred to in that subsection about a person for as long as it is required as part of an investigation, but in no case longer than six years after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

Marginal note:Notice by Canada Border Services Agency

• 270 (1) The Canada Border Services Agency may notify a commercial transporter that a person whom it expects to carry to Canada may be a person who is prescribed under section 258.1 or may be a person who does not hold the necessary documents prescribed under section 259.

• Marginal note:Obligations unchanged

  (2) For greater certainty, subsection (1) does not relieve a commercial transporter of its obligation to comply with any requirement imposed by the Act or these Regulations.