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

Regulations are current to 2014-09-01 and last amended on 2014-08-01. Previous Versions

Marginal note:Notification

 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.

Marginal note:Notifying transporters
  •  (1) When a foreign national seeking to enter Canada is made subject to a removal order and a transporter is or might be required under the Act to carry that foreign national from Canada, an officer shall

    • (a) notify the transporter that it is or might be required to carry that foreign national from Canada; and

    • (b) when the removal order is enforceable, notify the transporter that it must carry the foreign national from Canada and whether the foreign national must be escorted.

  • Marginal note:Notifying an officer

    (2) After being notified under paragraph (1)(b), the transporter must without delay notify an officer of arrangements made for carrying the foreign national from Canada.

  • Marginal note:Time period

    (3) The transporter must carry the foreign national from Canada within 48 hours after giving notification under subsection (2) of the arrangements made.

  • Marginal note:Non-compliance

    (4) If a transporter does not comply with subsection (2) or (3), or notifies an officer that it is unable to comply with that subsection, or if an officer notifies the transporter in writing that the officer does not accept the proposed arrangements, an officer shall cause the foreign national to be carried from Canada and the transporter shall pay the costs under section 278.

  • Marginal note:Criteria for non-acceptance of arrangements

    (5) To be acceptable, the arrangements referred to in subsection (2) must meet the following criteria:

    • (a) the foreign national is not inadmissible to the country of destination and, for the purposes of transit, all countries of transit;

    • (b) the safety of the foreign national and other persons aboard any vehicle used to reach the country of destination must be ensured; and

    • (c) the transporter must undertake to comply with any request for an escort or escorts.

Marginal note:Exception

 Despite sections 273 and 276, a transporter is not obliged to carry from Canada, and is not required to pay the costs with respect to, a foreign national, other than a member of a crew or a foreign national who entered Canada to become a member of a crew, who

  • (a) was authorized to enter and remain in Canada on a temporary basis; or

  • (b) held a temporary resident or permanent resident visa at the time of their examination.

Marginal note:Removal costs

 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.