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

Regulations are current to 2014-04-02 and last amended on 2014-02-06. Previous Versions

PART 16SEIZURE

Marginal note:Custody of seized thing

 A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department.

Marginal note:Notice of seizure
  •  (1) An officer who seizes a thing under subsection 140(1) of the Act shall make reasonable efforts to

    • (a) identify the lawful owner; and

    • (b) give the lawful owner written notice of, and reasons for, the seizure.

  • Marginal note:Disposition after seizure

    (2) Subject to subsection (3), a thing seized shall be disposed of as follows:

    • (a) if it was fraudulently or improperly obtained, by returning it to its lawful owner unless section 256 applies;

    • (b) if it was fraudulently or improperly used, by disposing of it under section 257 unless section 254, 255 or 256 applies;

    • (c) if the seizure was necessary to prevent its fraudulent or improper use

      • (i) by returning it to its lawful owner, if the seizure is no longer necessary for preventing its fraudulent or improper use, or

      • (ii) by disposing of it under section 257, if returning it to its lawful owner would result in its fraudulent or improper use; or

    • (d) if the seizure was necessary to carry out the purposes of the Act, by returning it to its lawful owner without delay if the seizure is no longer necessary to carry out the purposes of the Act.

  • Marginal note:Additional factor

    (3) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act. If its return would be contrary to the purposes of the Act, it shall be disposed of under section 257.

Marginal note:Application for return
  •  (1) The lawful owner of a thing seized or the person from whom it was seized may apply for its return.

  • Marginal note:Return

    (2) A thing seized, other than a document, shall be returned to the applicant if

    • (a) paragraph 253(2)(b) applies to the thing and the seizure is no longer necessary to prevent its fraudulent or improper use or to carry out the purposes of the Act; and

    • (b) the applicant provides cash security equal to the fair market value of the thing at the time of the seizure or, if there is no significant risk of being unable to recover the debt, a combination of cash and guarantee of performance.

  • Marginal note:Disposition of security

    (3) Any cash deposit or guarantee of performance provided under paragraph 2(b) replaces the thing seized and, if section 257 applies, any cash deposit is forfeited to Her Majesty in right of Canada and any guarantee of performance becomes a debt due under section 145 of the Act.

Marginal note:Application by lawful owner
  •  (1) For the purposes of paragraph 253(2)(b), a person who claims to be the lawful owner of a seized thing may apply in writing for its return within 60 days after the seizure.

  • Marginal note:Return of thing

    (2) The thing seized shall be returned to an applicant if the applicant demonstrates that they

    • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

    • (b) did not participate in the fraudulent or improper use of the thing; and

    • (c) exercised all reasonable care to satisfy themselves that the person permitted to obtain possession of the thing was not likely to fraudulently or improperly use it.

  • Marginal note:Return of vehicle

    (3) A seized vehicle that is not returned under subsection (2) shall be returned on payment of a $5,000 fee if the applicant demonstrates that they

    • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

    • (b) did not profit or intend to profit from the fraudulent or improper use of the vehicle; and

    • (c) are unlikely to contravene the Act in the future.

  • Marginal note:Additional factor

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

  • Marginal note:Notice of decision

    (5) The applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.