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

Regulations are current to 2017-12-11 and last amended on 2017-12-08. Previous Versions

Marginal note:Administration fee
  •  (1) Subject to subsection (2), the administration fee assessed under section 279 is $3,200.

  • Marginal note:Memorandum of understanding

    (2) If a memorandum of understanding in accordance with subsection (3) is in effect between the commercial transporter and the Minister, the administration fee assessed is

    • (a) $3,200, if the commercial transporter does not demonstrate that it complies with the memorandum of understanding, if the commercial transporter carried to Canada a foreign national who is prescribed under section 258.1 or whom the commercial transporter has been directed under paragraph 148(1)(a) of the Act not to carry to Canada, or if the administration fee is assessed in respect of a member of the crew of the transporter;

    • (b) $2,400, if the commercial transporter demonstrates that it complies with the memorandum of understanding;

    • (c) $1,600, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 50%;

    • (d) $800, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 75%; and

    • (e) $0, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 100%.

  • Marginal note:Content of memorandum of understanding

    (3) A memorandum of understanding referred to in subsection (2) shall include provisions respecting

    • (a) document screening;

    • (b) the training of personnel in document screening;

    • (c) the use of technological aids;

    • (d) fraud prevention;

    • (e) gate checks;

    • (f) information exchange;

    • (g) performance standards and administration fee assessments;

    • (h) compliance monitoring of the provisions of the memorandum of understanding;

    • (i) holding documents under section 260;

    • (j) providing information referred to in subsections 269(1) and (2);

    • (k) stowaways; and

    • (l) security screening of members of a crew.

  • SOR/2016-37, s. 12.
Marginal note:Notice of assessment
  •  (1) The assessment of an administration fee shall be served personally, by registered mail, by facsimile with acknowledgement of receipt or by electronic transmission on a representative of the commercial transporter.

  • Marginal note:Service effected

    (2) Service of the assessment by registered mail is deemed to have been effected on the seventh day after the day on which the assessment was mailed.

Marginal note:Submissions concerning assessment
  •  (1) The commercial transporter may submit written submissions to the Minister within 30 days after being served with an assessment of an administration fee.

  • Marginal note:Final decision and notice

    (2) If submissions are made, the Minister must consider the submissions, confirm, vary or cancel the assessment and give written notice of the final decision to the commercial transporter.

  • Marginal note:Elements considered

    (2.1) In considering the submissions, the Minister must take into account whether the commercial transporter was, before the foreign national was carried to Canada, notified under section 270 that the foreign national may have been a person prescribed under section 258.1 or a person who did not hold an electronic travel authorization when one was required under section 7.01 or 7.1.

  • Marginal note:Liability

    (3) If no submissions are made within the 30-day period, the assessment is final and the commercial transporter is liable for the assessment at the end of that period.

  • Marginal note:Liability

    (4) If the Minister confirms an assessment under subsection (2), the commercial transporter is liable for the assessment on the date the notice is sent.

  • SOR/2016-37, ss. 13, 17;
  • SOR/2017-53, s. 9.
Marginal note:Security
  •  (1) The Minister may, on the basis of the following factors, require a commercial transporter to provide security for compliance with its obligations under paragraphs 148(1)(a) to (g) of the Act:

    • (a) the frequency and regularity of arrival, or anticipated arrival, of the transporter’s vehicles carrying persons to Canada;

    • (b) the number of persons carried, or anticipated to be carried, to Canada aboard the transporter’s vehicles;

    • (c) whether the transporter has carried an inadmissible foreign national to Canada; and

    • (d) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter.

  • Marginal note:Amount of security

    (2) If the Minister requires security to be provided, the Minister shall determine the amount of security on the basis of the following factors:

    • (a) the commercial transporter’s record of compliance with the Act; and

    • (b) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter and the estimated removal costs.

  • Marginal note:Form of security

    (3) A commercial transporter who is required to provide security must provide it in the form of a cash deposit unless

    • (a) the transporter has entered into a memorandum of understanding referred to in subsection 280(2) that provides for another form of security; and

    • (b) the transporter demonstrates that there is no significant risk of a debt not being paid if they were to provide another form of security.

  • Marginal note:Return of security

    (4) If the Minister determines on the basis of the factors set out in subsection (1) that security is no longer required, the Minister shall return the security to the commercial transporter.

Marginal note:Application of s. 148(2) of the Act

 For the purposes of subsection 148(2) of the Act, a prescribed good is a good that is not land, a building or a transportation facility.

Marginal note:Object detained or seized

 If an object is detained or seized under subsection 148(2) of the Act, that object shall remain detained or seized until

  • (a) the transporter complies with its obligations under section 148 of the Act; or

  • (b) the transporter’s obligations are discharged by another person.

Marginal note:Notice of seizure
  •  (1) Following a seizure under subsection 148(2) of the Act, an officer shall make reasonable efforts to

    • (a) identify the lawful owner of the object seized; and

    • (b) give notice of the seizure to that person.

  • Marginal note:Disposition after seizure

    (2) A thing seized under subsection 148(2) of the Act shall be disposed of by

    • (a) returning the object to the transporter on receipt of

      • (i) an amount equal to the value of the object at the time of seizure and any expenses incurred in the seizure and, if applicable, detention,

      • (ii) the security required under the Act or any costs and fees for which the transporter is liable, as well as an amount equal to any expenses incurred in the seizure and, if applicable, detention, or

      • (iii) evidence that the transporter is in compliance with its obligations under subsection 148(1) of the Act and has reimbursed Her Majesty in right of Canada for any expenses incurred in the seizure and, if applicable, detention; or

    • (b) disposing of the object under section 287.

 
Date modified: