Marginal note:Notice of assessment
281. (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
282. (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 assessment and notice
(2) If submissions are made, the Minister shall consider the submissions, confirm or cancel the assessment and give written notice of the decision to the commercial transporter.
(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.
(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.
283. (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.
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