Marginal note:Application of s. 148(2) of the Act
284. 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
285. 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
286. (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.
Marginal note:Sale of a seized object
287. (1) If a transporter does not comply with paragraph 286(2)(a) within a reasonable time, an officer shall give notice to the transporter that the object will be sold. The object shall then be sold for the benefit of Her Majesty in right of Canada and the proceeds of the sale shall be applied to the transporter's outstanding debt to Her Majesty under the Act. Any surplus shall be returned to the transporter.
Marginal note:Costs incurred in seizure
(2) Any expenses incurred by Her Majesty in right of Canada in selling the object, and any expenses incurred in the seizure or, if applicable, detention of the object, shall be deducted from the proceeds of the sale.
- SOR/2004-167, s. 69(E).
Definition of “beneficiary”
288. In this Part, “beneficiary”, in respect of a person, means
(a) the person's spouse, common-law partner or conjugal partner;
(b) a dependent child of the person or of the person's spouse, common-law partner or conjugal partner; and
(c) any other person who, at the time of their application for a permanent resident visa or their application to remain in Canada as a permanent resident, is in a relationship of dependency with the person by virtue of being cared for by or receiving emotional and financial support from the person.
- SOR/2009-163, s. 10(F).
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