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

Regulations are current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Assessment of administration fee
  •  (1) Subject to subsection (2), an administration fee shall be assessed against a commercial transporter in respect of any of the following foreign nationals it carried to Canada who are subject to a report under subsection 44(1) of the Act:

    • (a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 or subsection 7(1), 50(1) or 52(1);

    • (b) a foreign national whom the transporter has been directed not to carry to Canada under paragraph 148(1)(a) of the Act;

    • (c) a foreign national who is exempt, under subsection 52(2), from the requirement to hold a passport or travel document but who fails to produce sufficient evidence of their identity;

    • (d) a foreign national who failed to appear for an examination on entry into Canada; and

    • (e) a foreign national who entered Canada as a member of a crew or to become a member of a crew and is inadmissible.

  • Marginal note:Exceptions

    (2) An administration fee shall not be assessed against a commercial transporter in respect of

    • (a) a foreign national who is authorized to enter and remain in Canada on a temporary basis under the Act, other than a foreign national who entered Canada as a member of a crew or to become a member of a crew;

    • (b) a foreign national who is allowed to withdraw their application to enter Canada under section 42 and leaves Canada immediately;

    • (c) a foreign national who is subject to a removal order issued on their arrival at a port of entry and leaves Canada immediately;

    • (d) a person referred to in section 39; and

    • (e) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 but is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa.

  • SOR/2004-167, s. 68.
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 transporter does not demonstrate that it complies with the memorandum of understanding or if the administration fee is assessed in respect of a member of the crew of the transporter;

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

    • (c) $1,600, if the 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 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 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 in respect of document screening, the interdiction of inadmissible foreign nationals 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.