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

PART 16Seizure

Marginal note:Custody of seized thing

252 A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department or the Canada Border Services Agency.

Marginal note:Notice of seizure — person from whom seized

• 253 (1) An officer who seizes a thing under subsection 140(1) of the Act shall provide written notice to the person from whom it was seized, including the grounds for the seizure.

• Marginal note:Notice of seizure — lawful owner

  (2) If the person from whom the thing was seized is not the lawful owner, the officer shall make reasonable efforts to identify the lawful owner and to give the lawful owner written notice of, and the grounds for, the seizure. If the notice is provided by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed.

Marginal note:Application for return — person from whom seized

• 254 (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the person from whom it was seized may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(1) was provided.

• Marginal note:Return — improperly or fraudulently obtained

  (2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that they were entitled to have that thing in their possession at the time of the seizure and that they are still entitled to it.

• Marginal note:Return — improperly or fraudulently used

  (3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were entitled to have that thing in their possession and that they are still entitled to it.

• Marginal note:Return — prevention of improper or fraudulent use

  (4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, in order to have it returned, the applicant shall demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were entitled to have that thing in their possession and that they are still entitled to it.

Marginal note:Application for return — lawful owner

• 255 (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the lawful owner may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(2) was provided.

• Marginal note:Return to lawful owner — improperly or fraudulently obtained

  (2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that at the time of the seizure they were the lawful owner and that they are still the lawful owner.

• Marginal note:Return to lawful owner — improperly or fraudulently used

  (3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that

  • (a) they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were the lawful owner and that they are still the lawful owner.

  • (b) they exercised all reasonable care to satisfy themselves that the person to whom they gave possession of the thing was not likely to fraudulently or improperly use it.

• Marginal note:Return to lawful owner — prevention of improper or fraudulent use

  (4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, the thing shall be returned to the applicant if they demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were the lawful owner and that they are still the lawful owner.

Marginal note:Concurrent applications

256 If the person from whom a thing was seized makes an application under section 254 for the return of the thing and the lawful owner makes an application under section 255 for the same thing, the application of the lawful owner will be processed first. If the application of the lawful owner is granted, the application of the person from whom the thing was seized shall not be processed.

Marginal note:Notice of decision

257 The decision on the application under section 254 or 255 and the reasons for it shall be given in writing and provided to the applicant as soon as feasible. If the applicant is notified by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed.

Marginal note:Automatic return

• 257.1 (1) If the seizure of a thing was necessary to carry out the purposes of the Act, the thing shall be returned to its lawful owner without delay if the seizure is no longer necessary for those purposes.

• Marginal note:Return — seizure in error

  (2) If the seizure of a thing was made in error, the thing shall be returned without delay to the person from whom the thing was seized or, if that is not possible, to its lawful owner.

Marginal note:Conditional return

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

Marginal note:Sale or destruction of seized thing

• 258 (1) If a thing seized, other than a document, is not returned to its lawful owner or the person from whom it was seized, the thing shall be sold unless the costs of the sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

• Marginal note:Sale or destruction suspended

  (2) A thing seized shall not be sold or destroyed

  • (a) within the 15 days after the day on which the notification of a decision not to return it was provided; or

  • (b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.

• Marginal note:Return or disposal of documents

  (3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be held for as long as is necessary for the administration of the laws of Canada, after which it will either be returned to the authority that issued it or disposed of in accordance with the laws of Canada.
  

PART 17Transportation

Marginal note:Prescribed persons

258.1 For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed:

• (a) any foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act, unless they hold a temporary resident permit issued under section 24 of the Act;

• (b) any foreign national who is not authorized under subsection 52(1) of the Act to return to Canada; and

• (c) any foreign national who is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act.

Marginal note:Prescribed documents

259 For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:

• (a) a travel document referred to in subsection 31(3) of the Act;

• (b) refugee travel papers issued by the Minister;

• (c) a document referred to in subsection 50(1) or 52(1);

• (d) a temporary travel document referred to in section 151;

• (e) a visa referred to in section 6 or subsection 7(1);

• (f) a permanent resident card; and

• (g) an electronic travel authorization referred to in section 7.01 or 7.1.