GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 253
Notice of seizure — person from whom seized 253 (1) An officer who seizes a thing under subsection 140(1) of the Act shall provide written notice to the person from whom it was seized, including the grounds for the seizure. Notice of seizure — lawful owner (2) If the person from whom the thing was seized is not the lawful owner, the officer shall make reasonable efforts to identify the lawful owner and to give the lawful owner written notice of, and the grounds for, the seizure. If the notice is provided by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed. SOR/2021-202, s. 1 SOR/2026-40, s. 1(F)
Immigration and Refugee Protection Regulations — 254
Application for return — person from whom seized 254 (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the person from whom it was seized may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(1) was provided. Return — improperly or fraudulently obtained (2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that they were entitled to have that thing in their possession at the time of the seizure and that they are still entitled to it. Return — improperly or fraudulently used (3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were entitled to have that thing in their possession and that they are still entitled to it. Return — prevention of improper or fraudulent use (4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, in order to have it returned, the applicant shall demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were entitled to have that thing in their possession and that they are still entitled to it. SOR/2021-202, s. 1
Immigration and Refugee Protection Regulations — 255
Application for return — lawful owner 255 (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the lawful owner may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(2) was provided. Return to lawful owner — improperly or fraudulently obtained (2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that at the time of the seizure they were the lawful owner and that they are still the lawful owner. Return to lawful owner — improperly or fraudulently used (3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that (a) they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were the lawful owner and that they are still the lawful owner; and (b) they exercised reasonable care to satisfy themselves that the person to whom they gave possession of the thing was not likely to fraudulently or improperly use it. Return to lawful owner — prevention of improper or fraudulent use (4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, the thing shall be returned to the applicant if they demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were the lawful owner and that they are still the lawful owner. SOR/2021-202, s. 1 SOR/2026-40, s. 2(E)
Immigration and Refugee Protection Regulations — 256
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. SOR/2021-202, s. 1
Immigration and Refugee Protection Regulations — 257
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. SOR/2021-202, s. 1
Immigration and Refugee Protection Regulations — 257.1
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. 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. SOR/2021-202, s. 1
Immigration and Refugee Protection Regulations — 257.2
Conditional return 257.2 A thing seized shall be returned only if its return would not be contrary to the purposes of the Act. SOR/2021-202, s. 1
Immigration and Refugee Protection Regulations — 258
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. 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. 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 shall either be returned to the authority that issued it or disposed of in accordance with the laws of Canada. SOR/2021-202, s. 1 SOR/2026-40, s. 3
Immigration and Refugee Protection Regulations — 258.1
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 . SOR/2013-210, s. 5; SOR/2016-37, s. 3 SOR/2020-55, s. 6
Immigration and Refugee Protection Regulations — 259
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 . SOR/2015-46, s. 1; SOR/2016-37, ss. 4(F), 14; SOR/2017-53, s. 7
Immigration and Refugee Protection Regulations — 260
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. 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
Immigration and Refugee Protection Regulations — 261
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. 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.
Immigration and Refugee Protection Regulations — 262
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.
Immigration and Refugee Protection Regulations — 263
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. 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. 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
Immigration and Refugee Protection Regulations — 264
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.
Immigration and Refugee Protection Regulations — 265
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. 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. 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.
Immigration and Refugee Protection Regulations — 266
Assembly 266 On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.
Immigration and Refugee Protection Regulations — 267
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.
Immigration and Refugee Protection Regulations — 268
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. 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). SOR/2004-167, s. 66; SOR/2016-37, s. 7(E)
Immigration and Refugee Protection Regulations — 269
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. 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. SOR/2016-37, s. 8
Immigration and Refugee Protection Regulations — 270
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. 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. SOR/2016-37, s. 8
Immigration and Refugee Protection Regulations — 271
Facilities for holding and examination 271 (1) A commercial transporter, and a transporter who operates an airport or an international bridge or tunnel, must without cost to Her Majesty in right of Canada provide and maintain facilities, including areas, offices and laboratories, that are adequate for the proper holding and examination of persons being carried to Canada. Criteria (2) The facilities referred to in subsection (1) are adequate if they satisfy the applicable requirements of Part II of the Canada Labour Code , are secure and, if necessary, sterile, and include equipment and furnishings that permit officers to discharge their duties under the Act.
Immigration and Refugee Protection Regulations — 272
Examination on vessels 272 A commercial transporter carrying persons to Canada aboard its vessel must provide facilities aboard the vessel that permit an officer to conduct examinations.
Immigration and Refugee Protection Regulations — 273
Obligation to carry from Canada 273 (1) A commercial transporter that has carried a foreign national referred to in this subsection to Canada or caused such a foreign national to be carried to Canada must, without delay, carry the foreign national from Canada (a) to any other country, in the case of a foreign national directed to leave under subsection 40(1); (b) to the United States, in the case of a foreign national directed back to that country under section 41; (c) to any other country, in the case of a foreign national allowed to withdraw their application under section 42; or (d) to the country to which the foreign national is removed under section 241, in the case of a foreign national who is subject to an enforceable removal order. Conveyance to vehicle (2) The transporter must transport a foreign national who is subject to an enforceable removal order from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country. SOR/2016-37, s. 9
Immigration and Refugee Protection Regulations — 274
Members of a crew 274 (1) If a transporter carries, or causes to be carried, a foreign national to Canada as a member of its crew or to become a member of its crew, and the foreign national is subject to an enforceable removal order, the transporter must carry that foreign national from Canada to the applicable country as determined under Division 4 of Part 13. Conveyance to vehicle (2) The transporter must transport the foreign national referred to in subsection (1) from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.
Immigration and Refugee Protection Regulations — 275
Notification 275 A transporter must notify an officer without delay if a foreign national referred to in section 273 or 274 whom they are carrying from Canada leaves or attempts to leave a vehicle before they are carried from Canada.
Immigration and Refugee Protection Regulations — 276
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. 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. 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). 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. 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. 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. SOR/2016-37, s. 10
Immigration and Refugee Protection Regulations — 277
Relief from obligations 277 Despite sections 273 and 276, a commercial transporter is relieved of its obligation to carry a foreign national from Canada, except for a member of its crew or a foreign national who entered Canada to become a member of its crew, if the foreign national at the time of their examination (a) was authorized to enter and remain in Canada on a temporary basis; (b) held a temporary or permanent resident visa; or (c) was a person prescribed under section 258.1 and the commercial transporter was not, before the person was carried to Canada, notified under section 270 that the person may have been a prescribed person. SOR/2016-37, ss. 10, 15
Immigration and Refugee Protection Regulations — 278
Removal costs 278 A transporter that is required under the Act to carry a foreign national from Canada must pay the following costs of removal and, if applicable, attempted removal: (a) expenses incurred within or outside Canada with respect to the foreign national’s accommodation and transport, including penalties for changes of date or routing; (b) accommodation and travel expenses incurred by any escorts provided to accompany the foreign national; (c) fees paid in obtaining passports, travel documents and visas for the foreign national and any escorts; (d) the cost of meals, incidentals and other expenses as calculated in accordance with the rates set out in the Travel Directive published by the Treasury Board Secretariat, as amended from time to time; (e) any wages paid to escorts and other personnel; and (f) the costs or expenses incurred with respect to interpreters and medical and other personnel engaged for the removal.