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

Regulations are current to 2022-06-20 and last amended on 2022-05-20. Previous Versions

PART 17Transportation (continued)

Marginal note:Obligation to hold a person

  •  (1) For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when

    • (a) an officer informs the transporter that the examination of the person is completed;

    • (b) the person is authorized to enter Canada under section 23 of the Act; or

    • (c) the person is detained under any Canadian law.

  • Marginal note:Notification

    (2) A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter’s vehicle for any other purpose than examination.

Marginal note:Stowaway notification

 On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway.

Marginal note:Medical examination and treatment

  •  (1) A commercial transporter must arrange for the medical examination of a foreign national who is required to submit to one under paragraph 16(2)(b) of the Act and for any medical examination, surveillance or treatment that is imposed under section 32.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the foreign national holds a temporary or permanent resident visa at the time of their examination and the foreign national’s health condition is not a result of the commercial transporter’s negligence; or

    • (b) the foreign national has been authorized to enter and remain in Canada and is not a member of the crew.

  • Marginal note:Prescribed medical costs

    (3) For the purposes of paragraph 148(1)(g) of the Act, any medical costs incurred with respect to the foreign national are prescribed costs and are to be calculated on the basis of the applicable provincial health insurance system.

  • SOR/2012-154, s. 13
  • SOR/2016-37, s. 6

Marginal note:Prescribed information

 A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:

  • (a) a copy of any ticket issued to the person;

  • (b) a document specifying the person’s itinerary, including the place of embarkation and dates of travel; and

  • (c) a document identifying the document number and type of passport, travel document or identity document carried by the person, the country of issue and the name of the person to whom it was issued.

Marginal note:Crew list

  •  (1) On arrival at the first port of call in Canada of a vessel registered in a foreign country, the transporter must provide an officer at the nearest port of entry with a list of all members of the crew.

  • Marginal note:Amended crew list

    (2) The transporter must maintain on board a current list of all members of the crew while the vessel is in Canada.

  • Marginal note:Final crew list

    (3) Before the vessel’s departure from its final port of call in Canada, the transporter must provide an officer with a copy of the list referred to in subsection (1) that includes any changes made while the vessel was in Canada.

Marginal note:Assembly

 On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.

Marginal note:Canadian registered vessels

 On the arrival of a vessel registered in Canada at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of all members of the crew who are not Canadian citizens or permanent residents and, on request, provide the officer with a list of all crew members.

Marginal note:Reporting obligation

  •  (1) A transporter must, without delay, notify an officer at the nearest port of entry of any foreign national who ceases to be a member of the crew for a reason listed in paragraph 3(1)(b). The transporter must record that information and provide it in writing on the request of the officer.

  • Marginal note:Failure to join means of transportation

    (2) A transporter must, without delay, notify an officer at the nearest port of entry when a foreign national who entered Canada to become a member of the crew of the transporter’s vessel fails to join the means of transportation within the period provided in paragraph 184(2)(b).

  • SOR/2004-167, s. 66
  • SOR/2016-37, s. 7(E)

Marginal note:Prescribed information

  •  (1) On the request of an official of the Canada Border Services Agency, a commercial transporter that carries or expects to carry persons to Canada on board its commercial vehicle must provide the Canada Border Services Agency with the following information about each person whom it expects to carry:

    • (a) their surname, first name and any middle names, their date of birth, their citizenship or nationality and their gender;

    • (b) the type and number of each passport or other travel document that identifies them and the name of the country or entity that issued it;

    • (c) their reservation record locator number, if any;

    • (d) the unique passenger reference assigned to them by the commercial transporter, if any, or, in the case of a crew member who has not been assigned one, notice of their status as a crew member;

    • (e) any information about the person that is in a reservation system of the commercial transporter or its agent; and

    • (f) the following information about their carriage on board the commercial vehicle:

      • (i) if the person is carried or is expected to be carried on board the commercial vehicle by air, the date and time of take-off from the last point of embarkation of persons before the commercial vehicle arrives in Canada or, if the person is carried or is expected to be carried on board the vehicle by water or land, the date and time of departure from the last point of embarkation of persons before the commercial vehicle arrives in Canada,

      • (ii) the last point of embarkation of persons before the commercial vehicle arrives in Canada,

      • (iii) the date and time of arrival of the commercial vehicle at the first point of disembarkation of persons in Canada,

      • (iv) the first point of disembarkation of persons in Canada, and

      • (v) in the case of a commercial vehicle that carries persons or goods by air, the flight code identifying the commercial transporter and the flight number.

  • Marginal note:Electronic means

    (2) The information referred to in subsection (1) must be provided by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange set out in the document entitled CBSA Carrier Messaging Requirements issued by the Canada Border Services Agency, as amended from time to time.

  • Marginal note:Time of transmission — paragraphs (1)(a) to (d)

    (3) The information referred to in paragraphs (1)(a) to (d) must be provided

    • (a) not later than one hour before the time of departure, if the information relates to a member of the crew; and

    • (b) not later than the time of check-in, if the information relates to any other person who is expected to be on board the commercial vehicle.

  • Marginal note:Time of transmission — paragraph (1)(e)

    (4) The information referred to in paragraph (1)(e) must be provided not later than at the time of departure.

  • Marginal note:Time of transmission — paragraph (1)(d)

    (5) The information referred to in paragraph (1)(d) must also be provided, for each passenger who is on board the commercial vehicle at the time of departure, not later than 30 minutes after the time of departure.

  • Marginal note:Incomplete or inaccurate information

    (6) A commercial transporter that becomes aware before or at the time of departure that information they have provided under paragraph 148(1)(d) of the Act is incomplete or inaccurate must, in the manner described in subsection (2) and without delay, provide the Canada Border Services Agency with the missing or accurate information.

  • Marginal note:Exception — paragraph (1)(e)

    (7) Subsection (6) does not apply in respect of information referred to in paragraph (1)(e).

  • Marginal note:Time of transmission — paragraph (1)(f)

    (8) The information referred to in paragraph (1)(f) must be provided at the same time that any information referred to in subsections (3) to (7) is provided.

  • Marginal note:Maximum retention period

    (9) The Canada Border Services Agency may retain information referred to in paragraphs (1)(a) to (d) about a person for up to three years and six months after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

  • Marginal note:Retention period — investigation

    (10) After the period referred to in subsection (9), the Canada Border Services Agency may retain the information referred to in that subsection about a person for as long as it is required as part of an investigation, but in no case longer than six years after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

  • SOR/2016-37, s. 8

Marginal note:Notice by Canada Border Services Agency

  •  (1) The Canada Border Services Agency may notify a commercial transporter that a person whom it expects to carry to Canada may be a person who is prescribed under section 258.1 or may be a person who does not hold the necessary documents prescribed under section 259.

  • Marginal note:Obligations unchanged

    (2) For greater certainty, subsection (1) does not relieve a commercial transporter of its obligation to comply with any requirement imposed by the Act or these Regulations.

  • SOR/2016-37, s. 8

Marginal note:Facilities for holding and examination

  •  (1) A commercial transporter, and a transporter who operates an airport or an international bridge or tunnel, must without cost to Her Majesty in right of Canada provide and maintain facilities, including areas, offices and laboratories, that are adequate for the proper holding and examination of persons being carried to Canada.

  • Marginal note:Criteria

    (2) The facilities referred to in subsection (1) are adequate if they satisfy the applicable requirements of Part II of the Canada Labour Code, are secure and, if necessary, sterile, and include equipment and furnishings that permit officers to discharge their duties under the Act.

Marginal note:Examination on vessels

 A commercial transporter carrying persons to Canada aboard its vessel must provide facilities aboard the vessel that permit an officer to conduct examinations.

Marginal note:Obligation to carry from Canada

  •  (1) A commercial transporter that has carried a foreign national referred to in this subsection to Canada or caused such a foreign national to be carried to Canada must, without delay, carry the foreign national from Canada

    • (a) to any other country, in the case of a foreign national directed to leave under subsection 40(1);

    • (b) to the United States, in the case of a foreign national directed back to that country under section 41;

    • (c) to any other country, in the case of a foreign national allowed to withdraw their application under section 42; or

    • (d) to the country to which the foreign national is removed under section 241, in the case of a foreign national who is subject to an enforceable removal order.

  • Marginal note:Conveyance to vehicle

    (2) The transporter must transport a foreign national who is subject to an enforceable removal order from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.

  • SOR/2016-37, s. 9

Marginal note:Members of a crew

  •  (1) If a transporter carries, or causes to be carried, a foreign national to Canada as a member of its crew or to become a member of its crew, and the foreign national is subject to an enforceable removal order, the transporter must carry that foreign national from Canada to the applicable country as determined under Division 4 of Part 13.

  • Marginal note:Conveyance to vehicle

    (2) The transporter must transport the foreign national referred to in subsection (1) from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.

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 commercial transporter

  •  (1) When a foreign national who seeks to enter Canada is made subject to a removal order and a commercial transporter is or may be required under the Act to carry that foreign national from Canada, an officer must

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

    • (b) when the removal order is enforceable, notify the commercial transporter of its obligation to carry the foreign national from Canada and, if an escort is necessary, request the commercial transporter to provide an escort or to make arrangements for the carriage of an escort assigned by the Minister.

  • Marginal note:Arrangements and notice

    (2) After being notified under paragraph (1)(b), the commercial transporter must, without delay,

    • (a) make arrangements to carry the foreign national from Canada and notify an officer of those arrangements; or

    • (b) notify an officer that it is unable to make such arrangements.

  • Marginal note:Time period

    (3) The commercial transporter must carry the foreign national from Canada within 48 hours after giving the notice required by paragraph (2)(a).

  • Marginal note:Non-compliance

    (4) If a commercial transporter does not comply with paragraph 2(a) or subsection (3) or notifies an officer that it is unable to comply with those provisions, or if an officer notifies the commercial transporter in writing that the proposed arrangements are not acceptable, an officer must cause the foreign national to be carried from Canada and the commercial transporter must pay the costs referred to in section 278.

  • Marginal note:Requirements for acceptance of arrangements

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

    • (a) the itinerary must begin where the foreign national is situated in Canada and end in the country and city to which the foreign national is to be removed, following the most direct routing possible;

    • (b) the itinerary must not include a country through which transit has not been approved; and

    • (c) the period of time between any connections must not exceed 12 hours.

  • Marginal note:Requirements for escort

    (6) A commercial transporter that has been notified under paragraph 1(b) must comply with any request by an officer to provide an escort or to arrange for the carriage of the escort assigned by the Minister.

  • SOR/2016-37, s. 10
 
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