Immigration and Refugee Protection Regulations

Marginal note:Notifying commercial transporter

• 276 (1) When a foreign national who seeks to enter Canada is made subject to a removal order and a commercial transporter is or may be required under the Act to carry that foreign national from Canada, an officer must

  • (a) notify the commercial transporter that it is or may be required to carry the foreign national from Canada; and

  • (b) when the removal order is enforceable, notify the commercial transporter of its obligation to carry the foreign national from Canada and, if an escort is necessary, request the commercial transporter to provide an escort or to make arrangements for the carriage of an escort assigned by the Minister.

• Marginal note:Arrangements and notice

  (2) After being notified under paragraph (1)(b), the commercial transporter must, without delay,

  • (a) make arrangements to carry the foreign national from Canada and notify an officer of those arrangements; or

  • (b) notify an officer that it is unable to make such arrangements.

• Marginal note:Time period

  (3) The commercial transporter must carry the foreign national from Canada within 48 hours after giving the notice required by paragraph (2)(a).

• Marginal note:Non-compliance

  (4) If a commercial transporter does not comply with paragraph 2(a) or subsection (3) or notifies an officer that it is unable to comply with those provisions, or if an officer notifies the commercial transporter in writing that the proposed arrangements are not acceptable, an officer must cause the foreign national to be carried from Canada and the commercial transporter must pay the costs referred to in section 278.

• Marginal note:Requirements for acceptance of arrangements

  (5) To be acceptable, the arrangements referred to in subsection (2) must meet the following requirements:

  • (a) the itinerary must begin where the foreign national is situated in Canada and end in the country and city to which the foreign national is to be removed, following the most direct routing possible;

  • (b) the itinerary must not include a country through which transit has not been approved; and

  • (c) the period of time between any connections must not exceed 12 hours.

• Marginal note:Requirements for escort

  (6) A commercial transporter that has been notified under paragraph 1(b) must comply with any request by an officer to provide an escort or to arrange for the carriage of the escort assigned by the Minister.